Administrative Act

Administrative Act

 

a juridical act issued by an organ of state administration in a particular case. In contrast to a normative act of administration, an administrative decree does not create legal rules but gives rise to, terminates, or alters directly some jural relation, usually an administrative jural relation. Administrative acts are issued within the limits of the authority of a given organ of administration and are brought to the attention of the executive officials according to the prescribed order.

In the USSR an administrative act is one of the means of realizing the rule of law in the process of the day-to-day administration of the economic, social, and cultural developments of the country and in the execution of the administrative and political activity of the state. Administrative acts vary in context and form. They may represent, for instance, a resolution of the Council of Ministers concerning the appointment of a staff member of the ministry, an order of a minister concerning the appointment or transfer of ministry personnel, a decision of the executive committee of the Soviet of Working People’s Deputies concerning the issuing of a housing authorization to a citizen, an order of a director of an enterprise concerning the sale of unused equipment, or the approval of a work schedule, and so on. Administrative acts are issued, as a rule, on the basis of laws or normative acts of administration—for instance, statutes on ministries, statutes on the socialist state industrial enterprises, and laws concerning the rural, raion, town, and oblast soviets of working people’s deputies. By nomenclature administrative acts are differentiated as decrees, regulations, decisions, and orders.

References in periodicals archive ?
Sibal contended that allocation of a coal block was " purely an administrative act without any criminal intent".
Parakh and three others, came after senior counsel Kapil Sibal questioned the legality of the summons to the former prime minister citing lack of sanction as required under the CrPC and contended that allocation of a coal block was an administrative act without any criminal intent.
Similarly, when an Executive agency adjudicates a violation of one of these edicts--in order to impose a fine or some other penalty--it is an attempt to exercise binding judicial power not through a judicial act, but again through an administrative act.
SCOTT MCANDLESS: Luke sets the birth of Jesus within a Roman administrative act of taking a census.
It pointed out that a new administrative act should be established to regulate the procedure of issuing certificates for Bulgarian origin, stressing the current rules allow for loopholes and increase risk of corruption.
When the dust settles after years of meetings and disputes and intellectual navel-gazing and studies and horse-trading and lies, the administrative act of preserving American wilderness is, in concept, simple.
The way the Texas Administrative Act works is that it gives those officials the authority to do essentially anything they want to without any governmental input," Dow said.
As all sections of the new law are inter-related and refer to a single subject, workers' compensation or the manner in which employees may ensure protection against work-related injuries, we disagree with the constitutional challenge to the administrative act on grounds of log-rolling," the Oklahoma Supreme Court wrote in its majority opinion.
130) Thus, in determining whether an administrative act is in fact ultra vires, the courts normally focus on the purposes of the governing statute.
But in early February the court found the decision to replace a three-drug combination with one drug for executions is not subject to the Georgia Administrative Act, meaning that changing the execution method does not require public hearings, as Hill's lawyers had argued.
Under a regulatory administrative act (as amended in 2009), the board of directors "must explain why it considers a member as being independent.
This position, based on the view that the administrative act has been made on behalf of the government as a whole, has changed because reconciliation and mediation are viewed as increasingly important to resolving disputes in an efficient and fair manner.
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