Evidence in administrative proceedings - proof by audio-visual record, proof by the content of the website and other means of proof lacking an explicit regulation in the Code of Administrative Procedure

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F61989592%3A15220%2F22%3A73617183" target="_blank" >RIV/61989592:15220/22:73617183 - isvavai.cz</a>

Result on the web

<a href="https://administrativescience.com/index.php/instadm/issue/view/4" target="_blank" >https://administrativescience.com/index.php/instadm/issue/view/4</a>

DOI - Digital Object Identifier

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Result language

angličtina

Original language name

Evidence in administrative proceedings - proof by audio-visual record, proof by the content of the website and other means of proof lacking an explicit regulation in the Code of Administrative Procedure

Original language description

Evidence is one of the most important parts of any administrative procedure. The Czech Code of Administrative Procedure (hereinafter “Code”) contains the basic legal regulation of evidence in administrative proceedings and a demonstrative list of evidence. The administrative authorities are therefore not limited in the proceedings to the explicitly stated means of proof. However, the fundamental problem is that the Code regulates the implementation of only those means of proof which it expressly mentions. The Code is completely silent in relation to other means of proof and the course of their implementation. Nevertheless, in many cases, administrative authorities also need to take other means of proof (not regulated by the Code), in particular proof by means of audio-visual recording or proving the content of websites. The author will therefore focus on answering the questions that cause the greatest problems in this context in practice: “What rules must be followed in obtaining this evidence for it to be legal evidence? Under what conditions and by what procedure should the administrative authorities take this evidence? To what extent can analogy be followed in the implementation of this evidence?” The answers to these questions will be demonstrated mainly in relation to audio-visual evidence and the evidence of the content of the website. This is because of the evidence that is gaining in frequency and importance with regard to the development of modern society and information technology. Based on the analysis of the current administrative practice and case law, de lege ferenda proposals will also be formu-lated in relation to the current (non)regulation of this evidence in the Code.

Czech name

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Czech description

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Type

J_ost - Miscellaneous article in a specialist periodical

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year

2022

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

Institutiones Administrationis

ISSN

2786-1929

e-ISSN

2786-1929

Volume of the periodical

2

Issue of the periodical within the volume

1

Country of publishing house

HU - HUNGARY

Number of pages

12

Pages from-to

132-143

UT code for WoS article

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EID of the result in the Scopus database

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