“Pravova derzhava”. Issue 35 (2024), pages 876–883.

DOI: 10.33663/0869-2491-2024-35-876-883

Kuibida Andriy
Features of proof in administrative cases at the request of public authorities

The issue of evidence and proof is to some extent the subject of research by any procedural scientist. This relevance is due to the key place and role of evidence in the process of resolving a particular public law dispute. The article examines the goals, tasks and peculiarities of proof in administrative proceedings, taking into account the nature of judicial proof and the specifi cs of administrative cases brought by a public authority. Evidence and proof are both the procedural foundation and the procedural core. This is due to the performance by the subjects of proof of the cognitive function in the administrative process, which is inherent in the laws underlying any process of cognition. Establishing the truth in the process of administrative-procedural activity determines the epistemological aspect of the administrative process as a type of practice. At the same time, in the context of the development of administrative process as a separate branch of law, it is necessary to pay special attention to the problems of the theory of evidence, since the administrative process absorbs the theoretical and practical results in the fi eld of proof obtained in other branches of law, primarily administrative law - in the form of proceedings in cases of administrative off enses and administrative-disciplinary proceedings; criminal and civil proceedings. The article is aimed at analyzing the features of the proof process in cases at the request of the subject of power As a result of the scientifi c research, the author determines that proof in this category of cases is limited to the claims of the subject of authority; the burden of proof is distributed between the parties to the case, and each party must prove the circumstances to which it refers; the court is an active participant in the proof process and conducts not only the assessment of evidence, but also its collection and discovery.

Key words: proof, subject of authority, administrative proceedings, court case, objective truth, purpose and tasks, participant in the process.

References

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9. Ibid.
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