Detailed explanation
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The party has a real influence on the course of the entire proceedings and, consequently, on the determination of the rights granted to it by an administrative decision or the obligations imposed upon it.
To a large extent, it is up to the party itself to ensure that the matter is resolved in accordance with its request—it is the party’s responsibility to inform the administrative authority of circumstances relevant to the proceedings and, consequently, to comply with the administrative decision issued in its case.
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The Rule of Law
The administrative authority acts on the basis of and within the limits of the law. It takes actions that are grounded in applicable legal provisions.
Throughout the entire evidentiary proceedings, it undertakes, on its own initiative and at the request of a party, all actions necessary to thoroughly examine the case under consideration, accurately clarify the facts, and issue a decision in accordance with applicable law, taking into account both the public interest and the legitimate interests of the party.
Resolving doubts in favor of the party
In proceedings concerning the imposition of an obligation on a party or the restriction or revocation of its rights, the administrative authority shall, with certain exceptions, resolve doubts regarding the content of a legal provision in favor of the party.
If there is a possibility of interpreting legal provisions in different ways, the authority should apply the interpretation favorable to the party. One of the exceptions to this rule is the protection of an important public interest, including the interest of the state (its security, defense, and public order).
Principle of Cooperation Among Authorities
During proceedings, administrative authorities cooperate with one another to the extent necessary to accurately clarify the facts of the case. An administrative authority may not demand information from a party that it can obtain on its own.
The Principle of Trust in Public Authorities
An administrative authority conducts proceedings in a manner that inspires confidence in the public authority among its participants. It therefore acts in accordance with established practice, meaning it decides similarly in analogous cases. Any departure from established practice must be justified.
Principle of Information
The administrative authority has a duty to fully inform the party of the factual and legal circumstances of the case that may affect the outcome of the proceedings. In this way, the party is protected from the negative consequences of ignorance of the law.
Principles: Active Participation of the Party in Proceedings and Persuasion
As a general rule, the party has the right to actively participate in administrative proceedings—the administrative authority is obligated to allow the party to comment on the gathered evidence before issuing a decision. The party may choose not to exercise this right.
The administrative authority should also justify its decisions, i.e., explain to the party the validity of the grounds on which the authority bases its resolution of the matter.
The Principle of Simplicity of Proceedings
Proceedings should be conducted using the simplest means possible, leading to the case being examined as thoroughly and quickly as possible.
The administrative authority should comply with the deadlines for resolving the matter specified in the regulations.
If there is a possibility of reaching a settlement in the case, the administrative authority should conduct the proceedings in a manner that encourages the parties to reach such a settlement.
Principle of Written Form
The case should be resolved in writing, either on paper or electronically. Cases resolved in other ways (e.g., orally) should also be recorded in the case file in the form of, for example, a protocol or a note signed by the party. Administrative decisions, as a rule, should also be in writing.
Public administration bodies allow the party to evaluate the activities of the offices headed by these bodies and their employees.
Principles: Two-tier proceedings and the finality of administrative decisions
Administrative proceedings are two-tiered, which means that the party generally has the right to appeal.
Final decisions—i.e., those that were not appealed within the prescribed time limit or were issued by appellate bodies—are final. However, they may be challenged through extraordinary appeals or brought before an administrative court if they are unlawful.
