Review article
https://doi.org/10.30925/zpfsr.42.2.9
PROCEDURAL METHOD IN ADMINISTRATIVE PROCEEDINGS IN RELATION TO THE PROCEDURAL METHOD IN AN ADMINISTRATIVE DISPUTE AND COGNITION OF THE TRUTH ABOUT FACTS
Boris Ljubanović
; Faculty of law, J. J. Strossmayer University of Osijek, Osijek, Croatia
Dario Đerđa
orcid.org/0000-0002-1095-1155
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Abstract
The paper deals with the methods of seeking the truth in an administrative procedure and administrative dispute. The introductory part emphasizes the task of legal doctrine to interpret the rules of the Administrative Dispute Act on fact-finding and proving, and raises the question of whether the procedural method of establishing facts in an administrative dispute provides the judge with the possibility of determining the truth. It addresses the conceptual determination of facts, factual situation, proving, establishing facts, and the principle of searching for material truth. This is followed by a discussion of the rules on the dispute of full jurisdiction from the Administrative Dispute Act and the interpretation of these rules in scientific and professional papers. At the same time, methods that seek to determine the facts in administrative procedures and administrative disputes are compared. In conclusion, the authors summarize
the results of the analysis, emphasizing thereby that the General Administrative Procedure Act is a set of procedural norms based on the investigative principle and which, in accordance with this principle, provides the public law authority with strong investigative powers. The procedural system of the Administrative Dispute Act strives
for a harmonious combination of the principle of deliberation and investigation in which the court has direct investigative powers. The procedure method accepted in an administrative dispute provides the court with the possibility of establishing the truth about facts with the same degree of certainty that a public law authority can achieve with the prescribed method in administrative procedures. Keywords: factual situation; establishing facts; material truth; administrative dispute; administrative procedure.
Keywords
factual situation; establishing facts; material truth; administrative dispute; administrative procedure
Hrčak ID:
262850
URI
Publication date:
25.9.2021.
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