MERICAN Journal of Public Diplomacy and International Studies www.
grnjournal.us Administrative documents are a form of written documents prepared and accepted based on the
rules established by the above bodies for the implementation of the tasks and functions of the
administrative bodies of the state. These administrative documents are essentially the result of
the planned and intended actions of the state administrative bodies. An administrative document
is accepted by an authorized administrative body (state body, official) within the scope of
competence. Administrative document - is accepted unilaterally, that is, by a special body or
official who participates in public legal relations
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. Subjects to whom an administrative document
is addressed cannot influence the action of the subject expressing the will of the state. At the
same time, the persons or organizations to whom the administrative document is directed may try
to determine its validity and legality (for example, by considering the case in court). An
administrative document may be considered in a judicial or administrative procedure and found
to be contrary to the law
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.
An administrative document expresses the will of an administrative body authorized by the state,
and the powers of the state body are expressed in it. The manifestation of an administrative
document is explained by the interests of the state and society, and it is aimed at regulating
specific relations, establishing universally binding rules, as well as resolving conflicts that arise
in the process of management.
Administrative document - defines mandatory rules of behavior (behavior) in a specific field,
legal norms or regulates specific public relations. Defines the scope of exemplary behavior of the
subjects in a specific area of the state. It creates a legal basis for the creation, change or
annulment of administrative-legal relations or serves as a legal fact in the direct creation, change
or annulment of such relations. The legality of administrative documents, i.e., their compliance
with the law or legality, is one of the important signs.
Administrative document is a type of legally significant document used in the course of the
activities of the administrative bodies (officials) of the state, and does not imply the expression
of the unilateral will of the authorities and has legal significance, a reference, summary, report,
inspection document, inventory, inspection it is shown through the documents.
It should be taken into account that the administrative document will have a special form and a
special procedure for acceptance (approval). Usually, they are accepted in written form,
following the established process, i.e. the procedure of project preparation, agreement,
discussion, examination, approval, registration and announcement. Administrative documents
are usually accepted in written form. But the administrative document can be in oral form. For
example, an administrative document in oral form can be used in management relations in the
military sphere or in service relations between a leader and an employee directly subordinate to
him. An administrative document is not limited only to the field of management. Social relations
(for example, financial, labor, environmental) that are the subject of other branches of law are
also regulated through an administrative document. The administrative document resolves many
issues in order to further clarify legal documents.
Another main feature of administrative documents is their legal significance, that is:
first of all - an administrative document - appears as legal facts, serves as a factual basis for the
creation, change or annulment of legal relations, for giving a new color to the legal status of legal
subjects (for example, an appointment order in German law - creates the legal status of a civil
servant brings
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);
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Wilfried Erbguth, Annette Guckelberger: Allgemeines Verwaltungsrecht mit Verwaltungsprozess- und
Staatshaftungsrecht. 10. Auflage. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8, § 13 Rn. 7.
2
Dörte Herrmann: Aus dem Leben eines Verwaltungsakts. In: Zeitschrift für das Juristische Studium 2011, S. 25
3
Annette Guckelberger: Anhörungsfehler bei Verwaltungsakten. In: Juristische Schulung 2011, S.