PRESUMPTION OF CULPABILITY IN ADMINISTRATIVE PROCEEDINGS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
The concept of «presumption of culpability» in administrative proceedings was defined. The presumption of culpability is an exception to the rule, which was established by the legislator. It usually involves, that review and settlement of the cases in administrative courts make in accordance to an adversarial, to a freedom to provide court evidence, and to a proof of convincing evidence in a court. It was showed the difference between lawsuits, for which the presumption of culpability is inherent, and the other lawsuits. The legislator provided that a defendant (subject of powers) must prove the legality of decisions, actions or inaction in a special category of lawsuits. A presumption is a supposition in a legal norm, which provides that certain standards in a relationship, recognizes as a common one and it does not require proof. The presumption of culpability in administrative proceedings is a supposition, which is provided in Administrative Proceedings Code, and it recognized legitimateness of a procedural order, which forces a subject of powers to prove the legality of decisions, actions or inaction by a submitting of necessary evidence (including at the request of an applicant). The presumption of culpability is a special guarantee of legality in governance. It was showed a requirement of an onset of effects, which lead to a judgment for the plaintiff in the case of a non-fulfillment by a subject of powers of its procedural duties. In the case, when the court does not got a valid reason of a non-submitting of necessary evidence by a subject of powers, it decides the case, basing on available evidence.
Authors and Affiliations
Н. Г. Павленко
Keywords
Related Articles
- EP ID EP469549
- DOI -
- Views 163
- Downloads 0
CONTRIBUTION TO THE HOUSEHOLD NON-PROPERTY MINE
The article covers the concept of «non-owner real estate» in accordance with the civil law of Ukraine. The main stages of registration of such property by state registrars of the right to own immovable property are analy...
GIFTS FOR PUBLIC SERVANTS IN UKRAINE: PROHIBITION, RESTRICTION OR PERMISSION AS THE OPTIMAL MODEL OF LEGAL REGULATION
The article analyzes the provisions of the current domestic anti-corruption legislation in determining the basis for receiving gifts by public servants. It is determined that the legislator has chosen a mixed model of le...
FORMATION AND FUNCTIONING “THE REBEL REPUBLIC” DURING THE SECOND HALF OF 1943 – EARLY 1945TH: HISTORIOGRAPHICAL DISCOURSE
Carried out a historiographical analysis of the modern Ukrainian historians the formation and functioning of the “rebel republics” as one of the forms of the Ukrainian rebel zapillia during spring 1943 – early 1945. Unti...
DEFINITIONAL FEATURES OF STATUTORY CONSOLIDATION OF THE PHENOMENOM OF «SECURITY» CATEGORY IN THE SOURCES (FORMS) OF CIVIL PROCEDURAL LAW
The article is devoted to the clarification of the features of the consolidation in the sources (forms) of civil procedural law categories, which are connected with the phenomenon of «security». The semantic meaning of t...
ADVANTAGES AND DISADVANTAGES OF ENFORCEMENT PROCEEDINGS UNDER NEW LAW. SCIENTIFIC AND PRACTICAL ASPECTS
This article analyzes the current legislation of Ukraine in the sphere of enforcement of judgments and decisions of other jurisdictions, features coverage of enforcement proceedings under the new law. Particular attentio...