Translated by IRIS Georgia
Updated as of March 2004
(a) comply with the complaint,
(b) deny the complaint, or
(c) partly comply with the complaint.
2. If there is a need to investigate additional materials to the case, the administrative
agency shall postpone the review and serve notice to the parties.
3. The administrative agency shall examine the expediency of the proceeding-related
administrative decree.
4. The administrative agency reviewing an administrative complaint shall examine
whether the decree complies with the statutory requirement for granting any right or
preference to the complainant.
Article 202. The issuance of an administrative decree in regard to an administrative
complaint
The decision of an administrative agency regarding the review of an administrative
complaint shall constitute an administrative act and shall meet the requirements for
administrative acts as prescribed by this Code.
Article 203. The amendment, nullification or invalidation of the administrative act
subject to complaint. The issuance of a new administrative decree
1. An administrative agency may amend, revoke or invalidate the administrative act
subject to complaint.
2. An administrative agency may not amend, revoke or invalidate an administrative
decree, if the violation made during the preparation and issuance of the decree is not
substantial.
3. Unless otherwise prescribed by law or applicable regulation, the administrative
agency reviewing an administrative complaint shall issue a new administrative decree
as a substitute for the null or invalid act, if required so by the complainant or
applicable law.
4. If the collection of additional information or additional examination of evidence is
required, a higher administrative agency may order the agency that issued the
nullified or invalidated decree to issue a new administrative decree. The instructions
included in such decision shall be mandatory for the lower administrative agency.
5. The administrative agency reviewing an administrative complaint may not issue an
administrative decree, if the power to issue the decree is granted only to the agency
that issued the act subject to complaint, or if the issuance of the decree requires
special ground, including competition.
6. An administrative agency shall examine the administrative decree based on the
decision of a corporate or advisory body or evidence prepared by a public expert only
in terms of its legitimacy. In case of the nullification or invalidation of the decree the
agency shall order an appropriate administrative agency to issue a new administrative
decree.
Article 204. The expenses of the administrative proceeding based on an
administrative complaint
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