Administrative Law and Administrative Procedure
What this domain tests
This domain covers public administration and administrative liability: administrative acts, state services, administrative offenses, fines, administrative detention, and judicial review. Candidates must distinguish the Administrative Procedure Code, which governs relations with public bodies, from the Code on Administrative Offenses, which imposes sanctions.
Core rules
- An administrative act must have a lawful basis, proper authority, correct procedure, and reasoned content. The advocate checks competence, notice, hearing rights, and the factual record.
- Administrative liability requires a statutory offense, proof of conduct, culpability, and a lawful sanction. The burden lies with the authorized body; a suspect is not obliged to prove innocence.
- Administrative detention and fines are limited by statutory grounds and maximum periods. The protocol must record the facts, rights, witnesses, and any explanations.
- Appeals against administrative acts and offense decisions follow short statutory deadlines. Missing them can foreclose review, so the advocate should calculate the deadline from the date of delivery or notification.
- Payment of a fine is not necessarily an admission of guilt; the advocate should preserve the right to challenge the decision.
Worked example
A client receives a fine for an alleged permit violation. The protocol does not identify the inspector’s authority or attach the inspection report. The advocate appeals within the deadline, argues that the elements of the offense and the factual basis are not proven, and requests the full administrative file. The authority cannot cure the missing evidence by referring generally to “internal inspection.”
Traps that cost marks
Confusing administrative liability with disciplinary or criminal liability; missing the short appeal deadline; assuming the inspector’s report proves the offense; and failing to request the complete administrative record.