Abstract

One of the characteristic features of the administrative procedure is its informalisation. However, in accordance with the provisions of the Code of Administrative Procedure any applications made by the parties and the participants should include certain elements, including an applicant’s address and other requirements set by the law. According to Art. 64 § 1 of the Code of Administrative Procedure “If an applicant’s address is not included in the application and it cannot be determined using the available data, the application is left unprocessed”. On the other hand, Art. 64 § 2 of the Code stipulates that “If the application fails to fulfill other requirements of the law, the applicant shall be summoned to remove the defects within 7 days, with an advice that failure to do so will result in leaving the application unprocessed”.

The legal form of leaving an application unprocessed and the form of challenging unauthorized leaving an application unprocessed, which is referred to in the above-mentioned provisions, have been subject to an animated debate by representatives of the doctrine, as well as the decision-making practice of administrative authorities and the judicial practice of administrative courts. At present, there is no doubt that leaving an application unprocessed is a material and technical act, which may be challenged by way of filing an action for failure to act by a public administrative authority.