STRUCTURE OF WRITTEN EVIDENCE COLLECTION IN ADMINISTRATIVE LEGAL PROCEEDINGS BY PARTIES TO A CASE
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article is devoted to the study of the stage of gathering written evidence in administrative proceedings. The author distinguishes three structural steps of the specified stage, if the gathering of written evidence is carried out by the participants of the case and conducts a substantive analysis. The provisions of this article are disclosed not only on the basis of the latest legislation in the field of administrative legal proceedings, but also the practice of its application by administrative courts. It was found that the search for written evidence is not only in the course of certain technical actions for the establishment of certain written documents, which can be used in the future as written evidence. There are also many logical operations related to determining the possibility of using certain documents to prove the circumstances of the administrative case. Emphasized that obtaining written evidence in the possession of unauthorized persons can occur outside the procedural form, because the parties are trying to gather first written evidence of their own efforts, using their given legal status. It is proved that the feature of the submission of written evidence, together with a certain procedural document, is that written evidence, as a rule, is aimed at confirming certain facts as set forth in the contents of this procedural document. In many cases, their confirmation affects the possibility of committing or not committing certain procedural behavior further. It is concluded that the collection of written evidence in administrative proceedings can be divided into three stages: detection, receipt and filing. Identifying and submitting written evidence in favor mandatory stages of gathering written evidence, while the written evidence as phase will occur in the event that the person's written evidence found in strangers.
Authors and Affiliations
Дарина Ігорівна Голопапа
Keywords
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