THE PRINCIPLE OF "ACTIVE ROLE OF THE COURT" IN ADMINISTRATIVE LITIGATION AND ITS SCOPE
DOI:
https://doi.org/10.55640/Keywords:
administrative court, active role of the court, Article 11 of the Criminal Code of Ukraine, collection of evidence, obligation to prove, dispositive, public-legal relations, foreign experience.Abstract
This article analyzes the essence of the principle of "active role of the court" in administrative proceedings and its place in the Code of the Republic of Uzbekistan on Administrative Proceedings (CJP). During the study, special attention is paid to the role of the court in collecting evidence on its own initiative and eliminating inequality between the parties (citizen and state body) in public legal relations. The article comparatively studies the balance between dispositivity and active participation of the court, as well as the experience of administrative proceedings in Germany and the Russian Federation. Finally, scientific proposals and recommendations are given to determine the boundaries of the court's activity and improve national legislation while maintaining its impartiality.
References
1.Code of Administrative Procedure of the Republic of Uzbekistan
2.German Code of Administrative Procedure (VwGO - Verwaltungsgerichtsordnung). (Amtsermittlungsgrundsatz)
3.Code of Administrative Procedure of the Russian Federation (KAS RF). The following articles of the Code were used to illustrate the Russian experience:
a. Article 6 (principles of administrative proceedings).
b. Article 14 (active role of the court in the context of the parties' adversarial and equal rights).
c. Articles 62 and 63 (burden of proof and the requirement of evidence).
d. Article 135 (actions of the court in preparing the case for trial).
4.Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan No. 22 dated June 25, 2024 ("On certain issues of consideration of administrative cases by courts in the investigative procedure").
5.Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan No. 35 dated November 30, 2018 ("On Certain Issues of the Application of Laws Regulating the Consideration of Cases on Administrative Offenses by Courts").
6.Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan No. 9 dated April 29, 2025 ("On the Application of Legislation Regulating the Review of Judicial Acts that Have Entered into Legal Force by Administrative Courts in the Case of Newly Discovered Circumstances").
7.Review of the Judicial Practice of the Judicial Board for Administrative Cases of the Supreme Court of the Republic of Uzbekistan in the Second Half of 2025. It analyzes administrative cases related to the court's activity in examining evidence and determining the circumstances of the case.
8.Journal "Adil Sudlov" (Issue 1, 2021). Theoretical information is provided on the status of judges, legal responsibility and issues of increasing the efficiency of justice in the context of administrative reforms.
9.Maciej Bernatt (2016). "Review of European Administrative Law", an analysis of inequality and the burden of proof in public law relations.
10.Richard Stewart (2003). "Administrative Law Review", on modern models of administrative law.
11.Roderick Macdonald (1980). "McGill Law Journal", concepts of procedural justice and judicial review.
12.Timothy Endicott. "Administrative Law", theoretical foundations of administrative law.
13.Gillian Metzger & Kevin Stack (2017). "Internal Administrative Law", a study of the internal regulation of administrative processes.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors retain the copyright of their manuscripts, and all Open Access articles are disseminated under the terms of the Creative Commons Attribution License 4.0 (CC-BY), which licenses unrestricted use, distribution, and reproduction in any medium, provided that the original work is appropriately cited. The use of general descriptive names, trade names, trademarks, and so forth in this publication, even if not specifically identified, does not imply that these names are not protected by the relevant laws and regulations.
