| Article | The Principle of Official Clarification of Case Circumstances in the System of Principles of Administrative Justice in Ukraine |
|---|---|
| Authors | Kolpakov V., Hordieiev V. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 3 / 2014 |
| Pages | 47 - 56 |
| Annotation | The article represents the principle of official clarification of case circumstances in the system of principles of administrative justice in Ukraine. It was established that this principle provides protection of rights, freedoms and interests of physical persons, and rights and interests of legal entities in the sphere of public relations if these rights, freedoms and interests are violated by public authorities, local authority bodies, their officials, executive officers, etc. in the process of execution of their legal managerial functions, inclusive of delegated powers. It was established that the principle consists in detection and investigation of the evidences by court on its own initiative. It is proved that, the administrative court should actively use the procedural powers including the detection, demand and obtain of proof on its own initiative. Ascertaining the peculiarities of proving in administrative justice in Ukraine, determined by the official clarification of case circumstances, becomes of great importance for the adoption of lawful and reasonable court decision. |
| Keywords | administrative court, principle of official clarification of case circumstances, system of principles, proving, presumption of guilt, administrative justice in Ukraine. |
| References | |
| Electronic version | Download |