Suchergebnisse

The article is devoted to the study of evidence in administrative proceedings. The article thoroughly examines the doctrinal and legislative approaches to understanding the concept of evidence. Scientists have justified the identification of evidence with information used in administrative proceedings to establish the presence or absence of certain facts. The author determines the evidence based on the researched approaches of scientists and the current administrative procedural legislation. The importance of defining a particular process of proof as a complex multi-activity in administrative proceedings is examined. It is concluded that the process of proving in administrative proceedings consists in collecting by the participants of the process any data collected legally, guided by which the court should establish the presence or absence of circumstances and facts in the case, which will become the basis for the court to make a lawful, justified and justified decision. on the case. In addition, the process of proof is interpreted as the mental activity of all participants in the proceedings, which aims to transform the established facts into the status of evidence in the case. The author establishes the existence of stages of the process of evidence in administrative proceedings, namely the collection and presentation of evidence, the examination of evidence, the process of proof at the stage of trial and evaluation of evidence. The author explores that the starting point of proof is the collection and presentation of evidence. The main stage of evidence - the study of evidence - is characterized in the context of its theoretical and normative substantiation. The article identifies ways of examining the evidence and states that it is implemented in a certain sequence. The author identifies as the next logical step the sequential transition from one fact to another with the help of the presented evidence, which is one or another form of presentation of established facts.