Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, no. 3, p. 517-539
working language: Serbian
Review paper
udk:3.077.3:347.94
doi:10.5937/zrpfns58-54023
Author:
Dragan Milkov
University of Novi Sad
Faculty of Law in Novi Sad
d.milkov@pf.uns.ac.rs
ORCID ID: 0000-0001-8302-5163
Ratko Radošević
University of Novi Sad
Faculty of Law in Novi Sad
r.radosevic@pf.uns.ac.rs
ORCID ID: 0000-0002-5011-0748
Summary:
The collection of procedural material in administrative proceedings provides the factual material necessary for making a decision. It is determined by the investigative principle, which in administrative proceedings is shown to be valid, but not absolute, without exceptions. In this context, the paper also examines the problem of the burden of proof, in its two basic meanings. The strict, traditional understanding, according to which the investigative principle of administrative proceedings denies the burden of proof, in the sense of the burden of presenting evidence, is relativized by the role of the party in establishing the factual situation. The principle according to which the burden of proof, understood as the risk of unclear facts, is shared between the administrative body and the party, depending on whether a binding or authorizing administrative act is adopted, is accepted conditionally, as typical, but not comprehensive, given that it is not appropriate for resolving all administrative matters.
Keywords:
administrative procedure, investigative principle in administrative procedure, evidence in administrative procedure, burden of proof in administrative procedure.