Collecting facts and burden of proof in administrative procedure
Gathering facts and means of proof in administrative procedure provides the factual basis necessary for making an administrative decision. The process of collecting facts and means of proof in administrative procedure is determined by the principle of investigation, but not in an absolute manner, wi...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2024-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2024/0550-21792403517M.pdf |
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| _version_ | 1832096603705442304 |
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| author | Milkov Dragan L. Radošević Ratko S. |
| author_facet | Milkov Dragan L. Radošević Ratko S. |
| author_sort | Milkov Dragan L. |
| collection | DOAJ |
| description | Gathering facts and means of proof in administrative procedure provides the factual basis necessary for making an administrative decision. The process of collecting facts and means of proof in administrative procedure is determined by the principle of investigation, but not in an absolute manner, without any exceptions. This is the context in which the burden of proof in administrative procedure is examined, having in mind its two basic aspects. Following the principle of investigation, the burden of proof, as a burden of production of proof, is traditionally denied in administrative procedure. An effort is made to show that this strict view is not entirely acceptable and that it has to be questioned by considering the role of the party in the process of determining the facts. On the other hand, the burden of proof can be seen as a risk of factual deficit (of non liquet situation), which is, also traditionally, divided between the administrative authority and the party, de pending on whether an unfavorable or a favorable decision for the party should be made. As a general principle of division, it seems acceptable, but only conditionally, as typical, but not comprehensive, because it is not suitable for all administrative procedures. |
| format | Article |
| id | doaj-art-a0e0a9be32aa4d17af0e5249f9eb0f0d |
| institution | Kabale University |
| issn | 0550-2179 2406-1255 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj-art-a0e0a9be32aa4d17af0e5249f9eb0f0d2025-02-05T13:32:01ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552024-01-0158351753910.5937/zrpfns58-540230550-21792403517MCollecting facts and burden of proof in administrative procedureMilkov Dragan L.0https://orcid.org/0000-0001-8302-5163Radošević Ratko S.1https://orcid.org/0000-0002-5011-0748Univerzitet u Novom Sadu, Pravni fakultet u Novom Sadu, Novi Sad, SerbiaUniverzitet u Novom Sadu, Pravni fakultet u Novom Sadu, Novi Sad, SerbiaGathering facts and means of proof in administrative procedure provides the factual basis necessary for making an administrative decision. The process of collecting facts and means of proof in administrative procedure is determined by the principle of investigation, but not in an absolute manner, without any exceptions. This is the context in which the burden of proof in administrative procedure is examined, having in mind its two basic aspects. Following the principle of investigation, the burden of proof, as a burden of production of proof, is traditionally denied in administrative procedure. An effort is made to show that this strict view is not entirely acceptable and that it has to be questioned by considering the role of the party in the process of determining the facts. On the other hand, the burden of proof can be seen as a risk of factual deficit (of non liquet situation), which is, also traditionally, divided between the administrative authority and the party, de pending on whether an unfavorable or a favorable decision for the party should be made. As a general principle of division, it seems acceptable, but only conditionally, as typical, but not comprehensive, because it is not suitable for all administrative procedures.https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2024/0550-21792403517M.pdfadministrative procedureprinciple of investigation in administrative procedureproving in administrative procedureburden of proof in administrative procedure |
| spellingShingle | Milkov Dragan L. Radošević Ratko S. Collecting facts and burden of proof in administrative procedure Zbornik Radova: Pravni Fakultet u Novom Sadu administrative procedure principle of investigation in administrative procedure proving in administrative procedure burden of proof in administrative procedure |
| title | Collecting facts and burden of proof in administrative procedure |
| title_full | Collecting facts and burden of proof in administrative procedure |
| title_fullStr | Collecting facts and burden of proof in administrative procedure |
| title_full_unstemmed | Collecting facts and burden of proof in administrative procedure |
| title_short | Collecting facts and burden of proof in administrative procedure |
| title_sort | collecting facts and burden of proof in administrative procedure |
| topic | administrative procedure principle of investigation in administrative procedure proving in administrative procedure burden of proof in administrative procedure |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2024/0550-21792403517M.pdf |
| work_keys_str_mv | AT milkovdraganl collectingfactsandburdenofproofinadministrativeprocedure AT radosevicratkos collectingfactsandburdenofproofinadministrativeprocedure |