DETERMINING THE SUBJECT MATTER AND LIMITS OF PROOF IN CASES OF BRINGING PERSONS TO ADMINISTRATIVE RESPONSIBILITY

Abstract

The article is devoted to the analysis of theoretical and practical issues of legal regulation of evidence and proof in administrative tort proceedings, and characterizes the problematic issues of law enforcement practice in the process of proof in cases of bringing persons to administrative responsibility. Based on the analysis, the author determines that proof is a logical and practical stage of law enforcement activities of authorized bodies and officials aimed at implementing the provisions of the Code of Ukraine on Administrative Offenses, which is aimed at establishing the truth in an administrative offense case by collecting and evaluating factual data. The author outlines the relationship between the subject matter and the limits of proof, and suggests that in each particular case the limits of proof are determined in such a way that the collected body of evidence qualitatively contributes to the establishment of each circumstance that is part of the subject matter of proof. The author emphasizes that it is mandatory to include only admissible evidence in the scope of proof, and if this is not done, there is an unreasonable narrowing or excessive expansion of these limits, which may lead to incomplete clarification of circumstances, delay in the case consideration and jeopardize the fairness of the decision. Three stages of proof are identified: collection, verification and evaluation, and use of evidence. The author emphasizes the case law of the European Court of Human Rights as an important aspect of recognizing the admissibility of evidence in administrative proceedings.