Evidence in Administrative Proceedings: What Can Be Submitted and How It Works
According to the provisions of the Code of Administrative Procedure of Ukraine, evidence is any data on the basis of which the court establishes facts relevant to resolving the dispute. This was reminded by the Fifth Administrative Court of Appeal.
What can evidence be?
Written evidence - documents, certificates, orders, letters, decisions of authorities, contracts, and other materials presented on paper.
Physical evidence - objects that can confirm or refute certain facts.
Electronic evidence - electronic documents, photographs, video recordings, electronic correspondence, messages in messengers, or information posted on websites.
Expert conclusions - research by specialists if special knowledge is required to establish certain circumstances.
Witness testimony - explanations of persons who are aware of the circumstances of the case.
At the same time, the court values not only the presence of evidence but also their quality. They must relate to the subject of the dispute and be obtained in a manner prescribed by law. They must also be reliable and sufficient.
Reliable evidence is that on the basis of which the true circumstances of the case can be established.
Sufficient evidence is that which, taken as a whole, allows one to conclude the presence or absence of circumstances relevant to the case.
That is, sometimes one piece of evidence is not enough. The court evaluates all submitted materials together and determines whether they allow establishing the factual circumstances of the case.
In the judicial process, each party must prove the circumstances to which it refers in support of its claims or objections.
At the same time, in cases defined by law, the court may suggest that the parties provide additional evidence or may request it on its own initiative if necessary for a complete and objective consideration of the case.
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