УПРАВНА СТВАР
ADMINISTRATIVE MATTER

Summary/Abstract: Legal security, as one of the fundamental principles in the contemporary legal systems, requires more precise and clear definition of underlying legal concepts, without leaving possibility for different constructions and arbitrary interpretati ons, especially when it comes to the essential concepts in certain branches of law. The notion of administrative matter is one of the key concepts in administrative procedure but the absence of a definition of this concept in the positive legislation of the Republic of Serbia has given rise to many difficulties over a long period of time. This paper examines the individual efforts in law theory as well as in judicial practice to address this question. One part of the paper is dedicated to the analysis of regional legislation, which was in an almost identical position, given the lacking definition of this basic concept of administrative procedure. The aim of this paper is to try to understand whether the absence of a precise definition of the main subject of administrative proceedings for such a long period of time has led to a restrictive interpretation of the notion of administrative matter, and whether the possibility of protecting the rights and interests of the parties in the administrative procedure is thus diminished. Also, the question arises whether formulating a precise legal definition of the concept of administrative matter in positive legislation would completely eliminate doubts about the subject of administrative proceedings, or generate new ones by enacting new extended concepts.

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