НЕДОЗВОЉЕНЕ РАДЊЕ У УПРАВНОМ ПОСТУПКУ И ЊИХОВО САНКЦИОНИСАЊЕ
ILLICIT ACTIONS IN ADMINISTRATIVE PROCEDURE AND ITS SANCTIONING

Summary/Abstract: In this paper, author analyses certain types of legally, morally and, in general, socially unacceptable actions undertaken aiming to reach decision in administrative procedure, i.e. aiming to acknowledge certain rights and legal interests of individuals, legal entities and other subjects. Illicit actions undertaken in the course of administrative procedure usually manifest as coercion, extortion, blackmail and pressure and options for sanctioning such actions are integrated through institute of cancelation of the decision (under the right of supervision) as extraordinary legal remedy in administrative procedure. The aim of this paper is to perceive the frequency of illicit actions when deciding on one’s rights, obligations or legal interests as well as the efficiency of legal sanctioning of such actions, having in mind legal-administrative praxis. Likewise, intention of the author is to indicate different legal solutions of the aforementioned issue, i.e. of the cancelation of decision whose content is result of certain legally illicit actions and to, within conclusion of this paper, display comparative solutions that could optionally be adopted in our legislation when redacting laws regulating administrative procedure.

• Details
• Contents