DOKAZIVANJE I DOKAZNA SREDSTVA U PARNIČNOM I UPRAVNOM POSTUPKU
EVIDENCE AND EVIDENCE MEANS IN CONTENTIOUS AND ADMINISTRATIVE PROCEDURE

Summary/Abstract: Law on contentious procedure and Administrative procedure in Bosnia and Herzegovina, as well as theory on contentious and administrative procedure deal extensively with evidence and presentation of evidence. This is a case in all other contemporary legal systems in the world. Presenting evidence implies a number of actions of the court and administration bodies and party/parties. Those actions in contentious procedures, inter alia, encompass and then resolving which evidence should be presented. When that is determined, parties submit evidence means (evidence), evidence is also gathered by the court. After submission and collection, presentation of evidence is performed and then judgment of evidence means (evidence) whose end result is establishing material certainty of facts from which application of rules of material or process law depends. As the term «evidence» in laws is not applied consistently, in this paper it will be use exclusively in the sense of evidence means. In an administrative procedure when at a party’s/parties’ request, administrative issues are being resolved, in their requests the parties are obliged to state all facts on which their instigation is based and to offer appropriate evidence means for those facts (evidence), and if possible, to submit them to the body that is conducting the procedure. However, in order to determine the actual situation, which makes the essence of the material truth principle, an official person who is conducting an administrative procedure may, ex officio, present any evidence if he/she deems that it is necessary for resolution of an issue. Accordingly, evidence means include information sources on existence or non-existence of facts whose determination is important in contentious and administrative procedure.

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