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Taking of evidence in administrative proceedings
Holub, Štěpán ; Kopecký, Martin (advisor) ; Sharp, Vladimír (referee)
Taking of evidence in administrative proceedings Abstract The topic of this thesis is the taking evidence in administrative proceedings, which aims to present compendious knowledge concerning the administrative authority; to eliminate eventual contradictions in established facts; and to decide on the matter. Taking into account the diversity among administrative proceedings, it is essential to discuss the individual types of the incriminate proceedings, eventually their specific phases, and simultaneously to provide connections between individual evidence institutes. Also, possible discrepancies in evidence, or perhaps complete absence of evidence, should not be omitted since the legislator has not established exclusive obligation, even though the evidence poses significant part of the proceedings. The presented thesis is divided into five chapters. The first chapter thoroughly reviews the principles of administrative proceedings, which are tightly connected with the process of taking of evidence. The second chapter discusses the terms in the context of evidence, whereas such terms are not explicitly stated in the law. These terms are defined based on the jurisprudence and specialized literature. The third chapter covers process stamping of individual phases in taking of evidence, which extends to the field...
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