European Journal of Innovation in Nonformal Education
http://innovatus.es/index.php/ejine
Volume 5, No 2 | Feb - 2025 | Page
| 96
European Journal of Innovation in Nonformal Education (EJINE)
Volume 5 | Issue 2 | Feb - 2025 ISSN:
2795-8612
.
Voluntary and Compulsory Implementation of an Administrative Act
Tursɪnbaev Miraddin Oralbaevich
PhD student at Department of Human rights, state law and governmance of
Karakalpak state university named after Berdakh
Allambergenova Zamira Rasbergen qɪzɪ
Student at the Faculty of Law of Karakalpak state university named after Berdakh
A B S T R A C T
This article describes the issue of voluntary and mandatory execution of
administrative acts. Administrative acts are of great importance in
ensuring the effective functioning of the state administration and legal
system. The article examines the differences between mandatory and
voluntary execution, as well as legal norms related to the legal force and
enforceability of acts in both cases. Based on the experience of foreign
countries, the article highlights the state policy, economic and social
conditions, as well as the features of the legal system as an important
factor in the implementation of acts. The article also provides
recommendations for ensuring the effectiveness of execution of
administrative acts.
A R T I C L E I N F O
Article history:
Received 01
Jan 2025
Received
in revised form
15 Jan 2025
Accepted
19 Feb 2025
Keywords
: administrative act,
execution, voluntary execution,
mandatory execution, monetary
coercion, implementation at the
expense of the debtor, direct
coercion.
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©
2025
Execution of administrative acts is an integral part of the state management system. In any country, laws,
decrees and other administrative documents define obligations to state bodies, in particular, citizens and
organizations, and their implementation is guaranteed. Voluntary or mandatory execution of these
documents on the basis of the Constitution and other legal norms includes many legal requirements and
standards.
The Constitution of the Republic of Uzbekistan regulates the legal foundations of the state, as well as
relations between its citizens and state bodies. Article 15 of the Constitution states that "The state and its
bodies, as well as all citizens and organizations, are obliged to carry out their activities in accordance with
the Constitution and laws." This norm emphasizes the mandatory execution of administrative acts and
determines their important role in public life [1].
Decrees, orders and other regulatory documents issued by the President of the Republic of Uzbekistan
define the directions of development of the country. In particular, the words of President Shavkat
Mirziyoyev: "Administrative acts must be executed on time and in full, which will ensure the
effectiveness of public administration" confirm that the implementation of these documents is an urgent
task for the state.
The procedure for execution of an administrative act is provided for in Chapter VI of the Law of the
Republic of Uzbekistan "On Administrative Procedures," adopted on December 14, 2017, "Executive
Proceedings" (Articles 71-83) [2].
In addition, the Law of the Republic of Uzbekistan dated August 29, 2001 No. 258-II "On the Execution
of Judicial Acts and Acts of Other Authorities" also provides for the enforcement of administrative acts.
The most fundamental part of the Law "On Administrative Procedures" consists of norms related to the
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acceptance, annulment, amendment, invalidation of administrative acts. Article 4 of this Law defines the
concept of "administrative act" as follows:
An administrative act is a measure of influence of an administrative div aimed at creating, changing or
eliminating social and legal relations and causing certain legal consequences for certain individuals and
legal entities or a group of persons who are distinguished by certain personal characteristics [3].
If the legislation does not provide for otherwise, the administrative div that adopted the administrative
act shall ensure its execution.
The period established by the administrative div for voluntary execution of an administrative act shall
not be less than five calendar days from the date of notification of the addressee of the adopted
administrative act, unless otherwise provided by law.
The addressee shall have the right to execute the administrative act within the order of execution
established by the administrative act through the most convenient for him legal methods and means.
The method of voluntary execution should ensure proper and timely execution of the requirements of the
administrative act.
Mandatory execution of an administrative act shall be carried out in the manner prescribed by law.
A measure of enforcement of any administrative act may not be applied to a person who voluntarily, duly
and within a specified period fulfills his obligations under an administrative act.
If the addressee agrees to voluntary execution of an administrative act under the risk of applying
measures of enforcement and enters into the execution of his/her duties, the specified enforcement
measure shall not be executed while the addressee is conscientiously and properly executing the
administrative act.
The fact that the addressee has fully fulfilled his obligations immediately cancels the application of the
enforcement measure.
The administrative div shall have the right to apply the following enforcement measures in cases
provided for by law:
➢
monetary coercion;
➢
to carry out the actions provided for in the administrative act by the administrative div or other
person at the expense of the debtor;
➢
direct coercion.
The enforcement measure must be formalized by an executive document of the administrative div. It is
not allowed to apply enforcement measures without accepting the relevant enforcement document.
The executive act of the administrative div shall be a procedural document ensuring the mandatory
execution of the administrative act in case of non-fulfillment of the administrative act by the addressee in
due form and within a reasonable period.
Unless otherwise provided by law, an executive act shall be accepted by the administrative div on its
own initiative or within three working days after the expiration of the period of voluntary execution on
the basis of the request of the other participant in the administrative proceedings for which the executive
act was adopted.
The executive document of the administrative div shall be accepted only in writing and shall be sent
within one working day to the addressee in order to notify in the manner prescribed by Article 33 of the
Law "On Administrative Procedure," as well as to the person requesting the mandatory execution of the
executive document.
In the course of the enforcement proceedings, the addressee to whom the enforcement act addressed is
accepted for non-performance or improper performance of its obligations under the administrative act
shall be the obligated person, the person in whose favor or in the interests of whom the enforcement act
was adopted shall be the enforcer.
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If the law does not provide otherwise, the executive document shall be executed not later than five days
after the time when the obliged person is duly notified of its acceptance. In the event that it is impossible
to properly inform the compulsory person, the fact of the impossibility of properly informing the
executive document shall enter into force and be executed after five days from the date of its
formalization [4].
Voluntary and mandatory execution of administrative acts is an issue that affects legal theories and
practice. Various scientists have put forward their views on this issue. Below are the opinions of some
famous scientists.
B.K.Jumanov in his work "Fundamentals of jurisprudence" describes the difference between compulsory
and voluntary execution of administrative acts as follows: "Acts issued by the executive branch of the
state, if they are normative documents, are mandatory for all organizations and citizens. Delay in the
execution or non-fulfillment of such documents entails legal liability. However, some voluntary proposals
or instructions may be voluntary. In such cases, state bodies grant citizens and organizations the right to
choose the implementation of proposals [5].
S.Sh. Khusanov, in his work "State Administration and Administrative Documents," explains his opinion
on the execution of administrative documents as follows: "In the system of state administration, the
execution of administrative documents occupies an important place. Their mandatory implementation will
lead to the effective functioning of the legal system of the state. Any circumstances of execution arise
only when there are suggestions or instructions. However, such documents are also of great importance in
the implementation of social goals, as they are often developed in accordance with the state strategy [6].
Various lawyers and public administration specialists have expressed their views on the voluntary and
mandatory execution of administrative documents in foreign countries. The issue of execution of
administrative acts is directly related to the legal system and the structure of state administration of each
state. Below are the opinions of scientists from a number of countries of the world.
Jean-Marc Sorel, a well-known French scholar of administrative law, in his work "Administrative
Documents in France and Their Execution" expressed the following opinion on the execution of
administrative documents: "In France, the execution of administrative documents is often carried out in a
forced manner. Administrative acts, especially laws and resolutions issued by state bodies, are binding on
citizens and organizations, and their implementation may lead to legal liability. However, some
documents issued as recommendations or instructions may be executed voluntarily. At the same time, the
circumstances of voluntary execution vary depending on the general state policy" [7].
Giuseppe Franco Ferrari, a well-known scholar of administrative law in Italy, in his work "Administrative
Documents in Italy and Their Execution" puts forward the following opinion: "In Italy, administrative
documents, based on the legal system of the country, should be enforced in most cases. This situation, of
course, can be flexible for the norms and regulatory documents established by the state. However, in
some cases, for example, proposals or documents intended for informational purposes are executed
voluntarily. At the same time, it is required to comply with administrative documents and decisions and
laws issued by the highest official bodies of the state" [8].
The issue of voluntary and mandatory execution of administrative acts plays an important role in ensuring
the effectiveness of state administration and the legal system. The difference between voluntary and
mandatory execution depends on the type of document and its legal force. Enforcement creates legal
responsibility and serves to strengthen the discipline of the state. Laws, decrees and resolutions issued by
state bodies should be enforced in principle, as they are the main means of carrying out the activities of
state administration. However, in some cases, for example, documents issued as a proposal or instruction
may be executed voluntarily.
The experience of foreign countries shows that differences in the execution of administrative acts are
related to the legal system, social requirements and political decisions of each country. At the same time,
in both cases, the execution of documents serves to ensure the effective functioning of the state
administration and legal system.
In the course of studying the relationship between voluntary and mandatory execution of administrative
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acts, the following proposals can be put forward:
First, it is necessary to develop clear legal norms on administrative acts. States should develop clear and
transparent legal norms on the implementation of administrative acts. Clearly defining the difference
between compulsory and voluntary execution will help to regulate the execution process and ensure legal
responsibility.
Secondly, it is necessary to develop effective cooperation between the state and society in cases of
voluntary execution. Due to the fact that the circumstances of voluntary execution depend more on advice
or instructions, it is necessary to develop effective cooperation between the state and society. This will
ensure that the documents are implemented in accordance with social requirements.
References:
1.
Ózbekstan Respublikası Konstitutsiyası 01.05.2023 https://lex.uz/docs/-6445145
2.
Ózbekstan Respublikası 2001-jıl 29-avgusttaǵı «Sud hújjetleri hám basqa organ hújjetlerin orınlaw
haqqında» ǵı 258-II-sanlı Nızamı https://lex.uz/mact/-26477
3.
Gaziyev, K.J., Axrorov, A.A. Ma'muriy huquq [Matn]: o'quv qo'llanma / Gaziyev Kozimbek
Jovlonovich,
Axrorov
Adxamjon
Asrorkul
o'g'li.
-T.:
TDYU
nashriyoti,2023.-304b.
https://drive.google.com/file/d/1GYc1duY6ObqfEMuQy534oL9pJI1C06CJ/view
4.
2017-jıl 14-dekabrde qabıl etilgen Ózbekstan Respublikası « Hákimshilik tártip-qaǵıydalar haqqında»
ǵı Nızamı https://lex.uz/docs/-3492199
5.
Jumanov B.K.
Huquqshunoslik asoslari
. Toshkent: O'zbekiston Respublikasi Oliy Majlisi, 2015.
6.
Xusanov S.Sh.
Davlat boshqaruvi va ma'muriy hujjatlar
. Toshkent: O'zbekiston Respublikasi Oliy
Majlisi, 2018.
7.
Sorel, J.-M.
Le droit administratif en France
. Paris: Dalloz, 2015.
8.
Ferrari, G.F.
Il diritto amministrativo in Italia
. Roma: Giuffré, 2016.
