RULES ON EVIDENCE IN ADMINISTRATIVE PROCEEDINGS

Abstract

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 main purpose of the functioning of the administrative courts of Ukraine 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, evidence, which is collected in a legal manner and complies with their requirements: admissibility and propriety, has an important place. The norms of administrativeprocedural 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.

Procedural administrative law, within its tasks and competences, ensures the fulfillment of goals by means of administrative proceedings. At the same time, when conducting court proceedings, the proper procedure of proof is ensured, that is, cognitive, mental activity within the limits of procedural legal norms regulated by the CAS of Ukraine. This activity is carried out by the court and persons participating in the case (parties, third parties, representatives of the parties and third parties), i.e. the subjects of evidence, with the aim of establishing all the circumstances of the case in order to determine the legal facts that will correctly resolve the public legal dispute.

Evidence in administrative proceedings at the scientific level is poorly researched, mostly it is part of the general approach to the scientific substantiation of relevant prescriptions of the CAS of Ukraine.

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 main stages of proof in the administrative proceedings of Ukraine are the collection of evidence, their research and further evaluation. Each of the specified stages is characterized by the mental and procedural activity of the subjects of administrative proceedings in the order determined by the procedural law, which is covered by the concept and content of proof.