FEATURES OF PROOF IN ADMINISTRATIVE PROCEDURAL PROCEEDINGS

Abstract

The article examines the features of proof in administrative procedure. The institute of evidence in administrative procedure is an important complex legal mechanism for making lawful and effective individual decisions, committing legally significant administrative actions by public of authorities (administration bodies). The proof in the administrative procedural proceedings performs a number of functions: it ensures the legality of administrative act; guarantees compliance by administrative bodies with the principles of administrative procedure; and contributes to the realization and protection of the rights, freedoms and interests of individual in the spheres of public administration. The Law of Ukraine «On Administrative Procedure» enshrines the principles of proof in administrative procedural proceedings: 1) the principle of completeness – the administrative body determines the methods and scope of establishing the circumstances of the case, while not being limited by evidence, arguments of the participants in the administrative procedural proceedings; 2) the principle of impartiality (objectivity) – the administrative body investigates all the circumstances of the case, regardless of their positive or negative impact on resolving the issue of the rights, freedoms or legitimate interests of the participants in the administrative procedural proceedings; 3) the principle of equality – the administrative body and the person equally have the right to adduce evidence in administrative procedural proceedings; 4) the principle of prohibition of requiring a participant in administrative procedural proceedings to provide evidence that is not relevant to the circumstances of the case; 5) guaranteeing the possibility of examining new evidence during administrative appeals of administrative acts. It is concluded that the proof in administrative procedure is the intellectual and cognitive activity of administrative body, reflecting a complete and comprehensive investigation of all circumstances of administrative case. The purpose of proof in administrative procedure is to evaluate and verify evidence, taking into account the requirements of the law and the circumstances of the administrative case, aimed at establishing the validity of administrative acts.