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ON PUBLIC LAW AND PROCESS LAW ISSUES

Vol. 122 (2020)

On resolving doubts about the facts in favour of a party in art. 81a of the Code of Administrative Procedure

DOI
https://doi.org/10.19195/0137-1134.122.18
Submitted
October 13, 2020
Published
2020-10-13

Abstract

The purpose of this article is to highlight some of the practical and theoretical problems of applying the new rule that orders to resolve doubts regarding the facts in favour of a party in admini-strative procedures. The analysis concerns the positive and negative premises for applying this rule, with particular emphasis on remaining and irresolvable doubts. The issue has been discussed fromthe perspective of a similar principle concerning legal doubts (art. 7a of the Code of Administrative Procedure) and principle in dubio pro reo (art. 5 § 2 of the Code of Penal Procedure), referring to the achievements of procedural and theoretical doctrine, as well as to the jurisprudence of administrative and criminal courts. In conclusion, an attempt was made to evaluate the rule contained in art. 81a of the Code of Administrative Procedure.