June 22, 2015
The International Legal Forum 2015 “Legal Reform in Ukraine: European Vector” was held on June 19 at the Administrative court of appeal in Vinnitsa. This forum was aimed to define specific ways of improvement of national legislation.
Leading lawyers from Ukraine and Poland participated in this forum. Among representatives of foreign delegation – the chairman of regional court of the city of Kielce, judges from district court of the city of Kielce, the president (court staff manager) of district court of the city of Kielce, legal counsel of district court of the city of Kielce, and prosecutor of regional prosecutor’s office Kielce-East of the city of Kielce. Moreover, this event consolidated the judges of different instances, representatives of Ukrainian Bar Association and the most competent lawyers of our country.
Partner of WTS Consulting Alexander Shemiatkin presented a report “The principle of official fact-finding in the case” at the forum. The main focus in this report was made on definition of the scope of official fact-finding in the case – the principle, stipulated in the Code of Administrative proceedings of Ukraine. The abovementioned principle was analyzed in the light of concept of creation and tasks of administrative legal proceedings, using the structural analysis of the notions “the fact in proof” and “proper evidences”. Alexander highlighted current approach of the courts regarding application of the principle of official fact-finding in the case and consequences to which such approach leads in practice. The speaker viewed the role of legal doctrine in proving process and the scope within which such doctrine is applied in administrative proceedings.
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