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:: Volume 8, Issue 24 (12-2020) ::
qjal 2020, 8(24): 161-186 Back to browse issues page
An analysis of the application of the rule of legitimacy of the acquisition of evidence in administrative proceedings
Abstract:   (1434 Views)
In administrative proceedings similar to criminal and civil proceedings, the issue of obtaining evidence is raised by the court. But the court's argument is contrary to the principle of impartiality of the judge. Therefore, the analysis of that debate is as important in administrative proceedings as in other proceedings, and these important questions are raised.
is there evidence in all administrative proceedings and if the reason is obtained illegally. What is the enforcement guarantee in administrative proceedings? The result of the research indicates that in administrative administrative proceedings such as labor proceedings, the principle is that the administrative judge is not allowed to study the reason. However, in administrative proceedings to investigate violations, such as administrative violation review boards, the judge has an efficient role in obtaining evidence. In the jurisprudence of the Court of Administrative Justice and the laws and regulations related to administrative proceedings, the principle of invalidity of reason that has been obtained through illegality has been dispersed. This article uses analytical and descriptive methods to analyze the principle of legitimacy of evidence in administrative proceedings with the aim of drawing a legitimate system of evidence in this type of proceedings.
Keywords: Study the reason’ Administrative proceedings’ Invalidity of reason’ Criminal proceedings’ Civil proceedings  
Type of Study: Research | Subject: Special
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An analysis of the application of the rule of legitimacy of the acquisition of evidence in administrative proceedings. qjal. 2020; 8 (24) :161-186
URL: http://qjal.smtc.ac.ir/article-1-733-en.html

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Volume 8, Issue 24 (12-2020) Back to browse issues page
فصلنامه علمی پژوهشی حقوق اداری Administrative Law
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