Statement of the Claim in General Administrative Proceedings

Abstract

The paper presents a legal analysis of a party’s claim for examination of evidence in the course
of preliminary investigation. Procedural powers of a party to claim examination of evidence provides
the party with a possibility of submitting facts or evidence which the party has. Additionally, it
provides the party with a possibility of active participation in the proceedings as well as that of having
an influence on the process of establishing factual findings and effective defence of the party’s
interests. It needs to be emphasised that the adjudicating agency is not bound by the party’s claim
for examination of evidence because it is the agency that decides whether to accept the evidence
presented by the party or to reject it. The agency has to accept the party’s claim for examination of
evidence if the object of the evidence involves circumstances which are important to the case. The
objective of the paper is to present a discussion concerning a party’s claim for examination of evidence
in the context of the stipulations adopted in the doctrine as well as made in judicial decisions.