The court, not limited to explanations, statements, petitions of the participants in the administrative process, the arguments presented by them, evidence and other materials of the administrative case, comprehensively, fully and objectively examines all the factual circumstances that are important for the correct resolution of the administrative case.
The judge has the right to express his preliminary legal opinion on legal grounds related to the factual and (or) legal aspects of the administrative case.
The court, on its own initiative or a motivated petition of the participants in the administrative process, collects additional materials and evidence, as well as performs other actions aimed at solving the tasks of administrative proceedings.
The principle of the active role of the court is the most important principle of administrative proceedings.
An important difference between the administrative process and the civil process is that in the civil process-the collection and presentation of evidence is carried out by the parties and the court is limited to the consideration of the presented evidence.
In the administrative case, the court will take the initiative to collect evidence, having the opportunity to request all the documents necessary for the correct resolution of the case.
The principle of the active role of the court includes at least seven aspects, which are described in detail in the provisions of the Code.
First. This is the right of the court not to be limited to the evidence presented by the parties and to examine all the circumstances that it deems necessary to establish within the limits of proof.
Second. The court collects on its own initiative additional materials and evidence, if they are insufficient, as well as performs other actions aimed at solving the tasks of administrative proceedings.
The third. The administrative body is obliged to prove its case, and the parties as a whole are obliged to submit the documents and information requested by the court.
Fourth. The court has the right to express its preliminary legal opinion on the legal grounds relating to the actual and (or) legal parties to the administrative case.
Fifth. The court assists the party in formulating and (or) changing the claims with a preliminary explanation of the legal consequences.
Sixth. The court checks whether the limits of administrative discretion and their compliance (proportionality) with the purposes of the adoption of the administrative act are not exceeded.
Seventh. The Court assists in eliminating formal errors, clarifying unclear expressions, filing petitions on the merits of the administrative case, supplementing incomplete factual data, and submitting all written explanations relevant to the full determination and objective assessment of the circumstances of the administrative case at all stages of the process.