Starting from April 1, 2019, the Administrative Code of the Republic of Moldova, No. 116/2018, came into force. It establishes the main legal framework for regulating administrative relations in the execution of administrative activities and judicial control over them.
A petition, under this code, is understood as any request, complaint, or proposal addressed to a public authority by a natural or legal person.
Registration of the Petition
The Civil Aviation Authority is obliged to accept and immediately register the petition or other documents submitted within the administrative procedure.
The Civil Aviation Authority cannot refuse to accept petitions simply because it considers itself not competent or because it deems the petition inadmissible or unfounded.
In the case of petitions or other documents submitted to the office, the Secretariat Service issues proof of their registration.
Petitions or other documents submitted in writing to a public authority or by fax are considered submitted upon registration with the public authority.
Petitions or other documents sent by mail are considered submitted on time if they were sent by registered mail to the post office before the deadline.
In the case of petitions or documents submitted electronically, the Civil Aviation Authority is obliged to communicate, within 2 days at most, through the same means, the registration number of the petition. In case of dispute, proof of submission of the electronic petition, respectively the communication of the registration number, is the saved message in the "Sent" folder of the email account. For efficient management of petition resolution via electronic means, the Civil Aviation Authority provides the option to submit petitions online via the official website http://caa.md/.
Petitions may be verbally submitted during public hearings. These petitions are recorded in the minutes and registered by the Consumer Protection Service of the Civil Aviation Authority.
Redirection of the Petition
If the petition falls under the competence of another public authority, the original petition will be sent to the competent public authority within 5 working days from the date of registration, and the petitioner will be informed about this.
Sanctions for Missing Petition Elements
Anonymous petitions or those submitted without indicating the petitioner’s postal or email address will not be examined.
If the petition does not meet the required standards (the legal requirements for an electronic document, the name of the public authority, the subject and motivation of the petition, the petitioner’s signature or their legal representative or authorized representative, and in the case of petitions submitted electronically – the electronic signature), the petitioner will be informed about the deficiencies and will be given a reasonable deadline to correct them. If the deficiencies are not corrected within the set period, the petition will not be examined.
The Civil Aviation Authority has the right not to examine petitions containing obscene or offensive language, threats to national security, public order, the life and health of an official, or their family members.
Petitions containing threats to national security, public order, the life and health of an official or their family members, as well as threats against other authorities and/or other officials or groups of people, will be referred to the competent law enforcement authority.
Petition Resolution
Employees of the Civil Aviation Authority are obliged to resolve only the petitions assigned to them and are prohibited from receiving them directly from the petitioners or intervening in their resolution outside the legal framework. Violating these provisions constitutes a disciplinary offense and will be sanctioned according to the current legislation.
Content of the Petition
The petition contains the following elements:
• a) Name and surname or designation of the petitioner;
• b) Petitioner’s domicile or headquarters and email address if a response is requested via email;
• c) Name of the public authority;
• d) Subject and motivation of the petition;
• e) Signature of the petitioner or their legal representative or authorized representative, and in the case of petitions submitted electronically – the electronic signature.
To facilitate the exercise of the right to petition, the Civil Aviation Authority provides petitioners with request forms in areas of competence, both electronically via the official website and in printed format at the Civil Aviation Authority’s headquarters.
Request forms will be used as long as they are made available by the Civil Aviation Authority. Petitions submitted without using the form can be transferred to the form within a period set by the Civil Aviation Authority.
The petition is accompanied, as applicable, by the legal representative’s confirmation document or power of attorney from the authorized representative, documents or evidence provided by legal regulations or considered useful by the petitioner to support their petition.
General Term
The general term for completing an administrative procedure is 30 days, unless otherwise provided by law.
The general term starts from:
• the date provided by law for exercising a specific authority;
• the date of registration of the request by the higher public authority or control authority;
• the date of registration of the complete request, including all necessary documents, or from the date the petition is transferred to the competent public authority.
In cases of petitions regarding compensation for damage caused by issuing an illegal administrative act, the general term begins from the date when the court decision annulling the illegal administrative act becomes final.
In case of justified reasons related to the complexity of the administrative procedure, the general term may be extended by up to 15 days. This extension is only effective if communicated in writing to the participants in the administrative procedure within 30 days, along with the reasons for the extension.
In exceptional cases, when there are particularly complex issues that require time for document processing, the public authority may set a longer term for completing the administrative procedure, not exceeding 90 days.