APPLICATION OF LEGAL FICTION IN THE INSTITUTION OF CITIZEN PROTECTION FROM ADMINISTRATIVE SILENCE

• Published in: Zbornik Radova Pravnog Fakulteta u Splitu
• Main Author: Marko Šikić
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2008-01-01
• Subjects: administrative silence; administrative proceedings; administrative dispute resolution; fi ction
• Online Access: http://hrcak.srce.hr/file/49725

In this paper, fi ction as a basic legal technique in the regulation of legal protection of citizens from administrative silence in the Republic of Croatia is analysed. Therefore, after demonstrating the breadth of the problem of lateness in proceedings in the organs of public power and familiarisation with the basics of legal protection from administrative silence in the Republic of Croatia, an attempt is made to distinguish legal fi ction from legal assumption and to defend the thesis of the application of legal fi ction in institutions of legal protection from administrative silence. After that, the author shows the good and bad sides of basic fi ctions with which the institution is regulated - negative and positive fi ctions. Furthermore, basic problems and incorrect understandings of negative fi ction in legal regulation of the institute of protection from administrative silence are elaborated. Also, before the conclusion in which we support a faithful application of the system of negative fi ction as a general principle, some other legal techniques are indicated by which citizens can protect themselves from the inactivity of public administration.