Evidence and proof in administrative proceedings

According to the Constitution of Ukraine, human rights and freedoms are a priority in state activity, and their consolidation and provision is the main task of the state. The implementation of this provision depends on the effective functioning of the state authorities, including the administrative judiciary. According to the Constitution of Ukraine, the main purpose of the functioning of administrative courts is to protect the rights, freedoms and interests of individuals in the field of public-legal relations. For a full and comprehensive consideration of the case, the evidence, which is collected in a legal manner with compliance with their admissibility and propriety, has an important place. The norms of administrative-procedural legislation establish that any public-law dispute referred to the jurisdiction of an administrative court requires a sufficient and comprehensive investigation of the evidence, that is, the establishment of factual information that is important for the resolution of the case. The legislation establishes that any data on the basis of which the court makes a decision, i.e. resolves a dispute, is recognized as evidence in administrative proceedings. The court establishes the presence or absence of circumstances (facts) that justify the claims and objections of the participants in the case, and other circumstances that are important for the correct resolution of the case. Therefore, the evidence makes it possible to completely or partially reproduce the circumstances of the dispute during the trial. In turn, the content and volume of evidence, types and amount of evidence during the consideration and resolution of an administrative case depends on the subject of evidence. In administrative proceedings, evidence and the process of proof have specific features, namely: official clarification of all circumstances in the case, presumption of “guilt” of the subject of authority. Evidence is a sequential process that has clearly defined stages that must be carried out in a certain order in compliance with the rules and regulations established by law. The study of the issue of evidence and proof is important in the administrative process, because the correct definition of the concept of evidence, understanding of what belongs to evidence, distinguishing the means of proof - will contribute to a comprehensive consideration of the case and rendering of a legal decision.