IMPLEMENTATION’S SCALE OF THE CATEGORY “STANDARDS OF PROOF” IN ADMINISTRATIVE PROCEDURAL LAW

Abstract

The article is devoted to the study of the method and scope of the implementation of the standards of proof in the administrative procedural law of Ukraine. It has been established that Ukraine continues to defend European integration aspirations even during the war by adopting normative legal acts containing legal instruments (standards of proof) aimed at observing fundamental human rights and freedoms in terms of establishing fair justice. It was found out that the signing of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Increasing the Effectiveness of Sanctions Related to the Assets of Individuals” dated May 12, 2022 is aimed at the procedural regulation of the existing prescriptions of positive law, namely the provisions contained in the Law of Ukraine “On Sanctions”. The analyzed article 2831 “Peculiarities of Proceedings in Cases on the Application of Sanctions” of the Code of Administrative Justice of Ukraine (hereinafter – KASU), which is an amendment and established the category of “standards of proof” in administrative procedural legislation. It was found that the “balance of probabilities” as a level of certainty that a judge must reach when evaluating evidence is currently required only in the sanction category of administrative cases. The identical approach of applying the “balance of probabilities” is also presented in the Civil Procedure Code of Ukraine. Using the theory of analysis of potential consequences, it was established that the legislator’s choice of the lowest standard of proof “balance of probabilities” for sanctions cases is justified and demonstrates in fact the same attitude to values in the form of “territorial integrity” and “individual property” even during the martial law regime. It is expected that the category of “standard of proof” will be established in more detail in the CASU immediately after the victory of Ukraine.