RELIABILITY OF WRITTEN EVIDENCE OF ADMINISTRATIVE LEGAL PROCEEDINGS
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 2
Abstract
The article is devoted to the analysis of such a criterion for assessing the written evidence of administrative legal proceedings as authenticity. A description of the methods for verifying the authenticity of written evidence in administrative cases is given. The specifics of the assessment of the authenticity of official and unofficial written evidence of administrative legal proceedings, their originals and copies shall be indicated. It is emphasized that the criterion of reliability can be applied also to unofficial written evidence. In particular, you can check the authorship of the document, who signed it, whether there were errors in its individual parts, and so on. It is proved that many written evidences of an official nature are formed as a result of complicated actions and voluminous work; it is preceded by a preparatory stage. Not one person, but a group, can be involved in the process of creating official written evidence. Sometimes people with special knowledge: specialists are attracted. All this points to a reliable level of compilation of information in written evidence. It was clarified that not taking into consideration copies of a document may be taken by the court under the combined effect of the following conditions: a) the original document has not been filed; b) the court or participant of the case has reasoned doubts in accordance with the copy of the original document; c) the court used a variety of ways to bring the original document to the case and they turned out to be fruitless; d) has no reservation in the law on the possibility of using a copy of a document in a case without involving its original. It is concluded that the authenticity of written evidence is a criterion for assessing written evidence, which makes it possible to establish true knowledge of the facts of the subject of evidence. Establishing the authenticity of written evidence, given their extreme prevalence in administrative proceedings, is a necessary component of their assessment in each administrative case. Verification of the authenticity of written evidence obliges the court to analyze the entire process of formation and submission to the court of written evidence.
Authors and Affiliations
Дарина Ігорівна Голопапа
Keywords
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