Land use disputes are often directed against an administrative-legal act, and the resolution of such a dispute rests on the institution of the administrative complaint. On this page you will see who examines an administrative complaint, what it must contain, within what timelines it is examined, and what outcomes the examination may bring.
The Competent Body for the Complaint
Unless a law or a subordinate act issued on its basis provides otherwise, an administrative complaint is examined and decided by the administrative body that issued the administrative-legal act, if there exists an official superior to the issuer of the act or to the structural subunit. A complaint concerning an act issued by the head of an administrative body is examined and decided by a superior administrative body.
In parallel, a person may apply to a court for the protection of their rights and freedoms under the procedure established by the Administrative Procedure Code. Thus a participant in a land use dispute has two paths: an administrative complaint directly to the body and an application to the court.
The Content of the Administrative Complaint
The complaint must indicate: the name of the administrative body to which the complaint is submitted; the identity and address of the complainant; the name of the body whose act or action is appealed; the name of the appealed administrative-legal act; the demand; the circumstances on which the demand rests; and the list of attached documents.
The complaint may indicate the inconsistency of the appealed act with the law on which the demand is based, and may invoke the norms of the European Convention for the Protection of Human Rights and Fundamental Freedoms, its additional protocols and precedents of the European Court of Human Rights. If the act was delivered to the complainant, a copy is attached.
The Timeline for Examination
The competent administrative body is obliged to examine the complaint and adopt a decision within one month — unless a law or a subordinate act provides otherwise. If more time than the established period is needed to determine circumstances of essential significance, the body is entitled to issue a substantiated decision on extending the examination period.
Such a decision must be adopted no later than 7 days from the start of the proceeding, and the complainant must be notified of it immediately. The examination period may be extended by no more than one month. Thus the maximum horizon for awaiting a decision is the sum of the basic and the extended period.
The body that issued the appealed administrative-legal act has the right to satisfy the administrative complaint if this does not contravene legislation. Such satisfaction is a good outcome for the complainant, but it does not necessarily end the proceeding: the administrative body examining the complaint has the right to continue the administrative proceeding despite the issuing body's satisfaction of the complaint.
The Outcomes of the Decision
As a result of examining the complaint, the administrative body is entitled to declare the appealed administrative-legal act void or lost in force, to modify it, and to issue a new administrative-legal act. This means the resolution of the dispute is not limited to a yes or no: the body has a full toolkit for revising the act — from annulment to replacement.
The Court Route and the Choice
The administrative complaint and an application to the court do not exclude each other: a person may apply directly to the court for the protection of rights, and if the complaint route proves unsuccessful, the court path remains available. The choice is determined by the strategy of the dispute: the complaint is a faster and less independent instrument, while the court offers full-fledged examination with all the rules of evidence.
In a land use dispute one circumstance deserves attention: the complaint is examined within the same system that issued the act or stands above it, so where an independent assessment is expected the court route is often preferable; yet satisfaction of the complaint may bring a fast and inexpensive resolution.
When preparing the complaint, three rules will help: submit it to the body that indeed examines it according to law; formulate the demand precisely — void, lost in force, or modification; and group the circumstances and documents so that the essence of the dispute is clear on the first reading.
Monitor the timelines: if no decision arrives within the horizon of the basic and extended periods, this is a reason to revise the plan of applying to the court. Exact observance of the rules established by the code — both of content and of timelines — increases the chances of success.
Frequently Asked Questions
Below are the most frequent questions about the administrative complaint.
Who examines the administrative complaint?
As a rule, the body that issued the act, where a superior official exists there; for an act of the body’s head — a superior administrative body.
Within what period is the complaint examined?
Within one month; extension is possible by a substantiated decision adopted no later than 7 days from the start of the proceeding, and the extension may not exceed one month.
May one apply directly to the court?
Yes — a person may apply to the court under the Administrative Procedure Code; the complaint and the court route do not exclude each other.
What decision may the body adopt?
Declaring the appealed act void or lost in force, modifying it, or issuing a new act; the issuing body also has the right to satisfy the complaint.
How We Help on Legal.ge
The lawyers of Legal.ge plan the administrative complaint and the court route in a land use dispute together: we identify the competent body, draft a complete complaint, monitor the timelines and, if the complaint fails, prepare the court claim. Seek a consultation before submitting the complaint — the correct body and a precisely formulated demand determine the outcome from the outset.