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 ?
Italian courts have established two types of invalidity: one, when the national administrative act comes into conflict with Italian law or administrative rules implementing Community law or with Community law itself; and one when the national administrative act implements a national provision that itself conflicts with Community law.
But state lawyers dismissed the registration as just an administrative act that wouldn't authenticate the 3,022 marriage licenses issued by Multnomah County earlier this year, because the Oregon Supreme Court has not considered a pending lawsuit on the issue.
In 1966, a "compatibility standard" for allowing public uses on refuges was established with passage of the National Wildlife Refuge System Administrative Act.
A managerial act is defined as an administrative act involving the temporary or permanent loss of taxpayer records or matters of judgment or discretion relating to personnel management; a ministerial act is a procedural or mechanical act not involving the exercise of judgment or discretion.
The First Circuit Court of Appeals acknowledged that local legislators are entitled to absolute immunity for legislative acts, but held that proposing and voting for an ordinance can be deemed an administrative act (which is not immunized) if it "relates to particular individuals or situations.
Once the Secretary announces that final administrative act, any future litigation will resume on an expedited schedule, according to the stipulation supported by the Tribe and Empire Resorts.
The District Officer's consent does not constitute an executory administrative act and cannot be the subject of a recourse before the Administrative Court.
He disagreed with the majority's contentions that Marcos could not be considered dishonorably discharged as his separation was not in accordance with the procedures and guidelines prescribed in Circular 17, Series of 1987 of the Armed Forces of the Philippines because: (1) Marcos was separated from service before the circular was passed; the circular, an administrative act, cannot be applied retrospectively to undo a final act by the sovereign people; and (2) even assuming the circular applied to Marcos, he was still dishonorably discharged as the incontrovertible fact of ouster that is beyond both judicial and administrative review cannot be undone by a mere circular.
The administrative contract is another way, legal instrument, through which, together with the administrative act, some authorities, bodies, institutions of the public administration system carries out their duties, in implementing the law.
Similarly, procedural defects were important only insofar as they contributed to the invalidity of the administrative act or decision.
No matter if users are searching for attributes, full texts or anything else -- everything is done without any manual administrative act.

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