Legal evidence in proving administrative proceedings

  • Ekram jabbur Hassan
  • Saab naji abood

Abstract

The issue of proof in administrative justice is of great importance because it is the tool through which the administrative judiciary can resolve the case and achieve administrative justice. However, achieving justice in the administrative dispute requires that the administrative judge make a precise balance between the public and private interests without compromising any of them. Because the administrative dispute between the administration and individuals, and the realization of the requirements of justice requires not only attention to the personal interests of individuals to the extent that requires that the judge take into account the effectiveness of management and the rights of individuals side by side and thus to the issuance of a decision to investigate Ada Management of. Therefore, the legislator did not restrict the administrative judge to specific evidence alone, but rather left him with a wide range of freedom to rely on the evidence he is convinced of. On the other hand, evidence as evidence of importance greater than civil and criminal justice, . The most important of these factors is the broad power enjoyed by the administrative judge, as well as the unequal relationship between the parties to the administrative dispute, which highlights the role of evidence and its proof in the proof, whether in the field of material facts or In the field of labeling Legal rolls. Although legal acts are often written, which requires that the evidence against them be written in writing, the nature of the administrative case and the powers of the broad judge allow it to be proved by judicial evidence, since the papers and documents are merely evidence to the contrary. From this point of view, the validity of judicial evidence in administrative evidence is of great importance and its proof of proof is absolutely authoritative both on the level of material facts and on the level of legal conduct (which is the decisions and administrative contracts
Published
2021-12-28