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Evidence in administrative procedure
Jurkovič, Jan ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
Law of evidence is a legal-based procedure for collecting and presenting proof. The aim of the process is to follow the basic principle of legal administrative proceedings, the principle of material truth. My thesis is based on the Administrative Code regulations, although I was also pointing to the fact that there are specific regulations that restrict or exclude the use of the Administrative Code. Despite the above-mentioned, the general and theoretical ideas of the law of evidence are applicable for all administrative proceedings. Except the principle of material truth there are other basic principles of vital importance to administrative proceedings, particularly the principle of legality and the principle of working out the case without undue delay. The core of law of evidence, however, is contained in provisions of the Administrative Code dealing with the bases for a decision in the administrative proceedings at first instance. For the law of evidence in administrative proceedings it is also often applicable doctrinal and judicial knowledge of civil and criminal law, as a connecting element between these different areas of law is the principle of material truth. The decision-making practice of the administrative courts respects the similarities between criminal and administrative punishment,...
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