Споразумението по АПК като способ за разрешаване и предотвратяване на административни спорове
The settlement of administrative procedure code as a means of resolving and preventing administrative disputes

Summary/Abstract: The article examines the settlement of Administrative Procedure Code (APC) as a means of resolving and preventing administrative disputes. The settlement is an institute of substantive and procedural law reached as a result of negotiation and as such it resembles the most the administrative contract. The settlement is a legal act which causes substantive consequences and creates administrative legal relation- ship. Simultaneously the settlement has the legal characteristics of alternative means for resolving administrative dispute. Furthermore the settlement of APC has the unique feature of being able to prevent administrative disputes. This unique feature is his advantage against the typical means of executing the activity of the administration. The settlement is a faster and more secure way to achieve the result – creating administrative legal relationship and causing a legal change. The article also considers the specific characteristics and its role of extrajudicial settlement (of art.20 APC) and of judicial settlement (of art. 178 APC ) as a means of resolving and preventing disputes. Perceiving the settlement as a means of resolving and preventing administrative disputes the final part of article declares a position on a controversial issue in the legal literature - whether the settlement is acceptable as a means of exercising both forms of competence of the administrative body - discretionary powers and circumscribed powers. Taking into consideration the advantages of the settlement as an alternative of the traditional administration activity the article concludes that the settlement is possible not only at discretion but also at circumscribed powers. The arguments for the definiteness of this conclusion are found in the principles of the administrative process proclaimed in Chapter II of the APC.

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