Yüksek LisansAçık Erişim

The proves and evidences according to the characteristics of the administrative judgment procedure

2010
0 görüntülenme
0 i̇ndirme
Danışman: Yrd. Doç. Dr. Gürsel Kaplan

Özet (EN)

The administrative procedure which has been made directly by the Constitution so as to protect the rights of individuals effectively against the violations made by the administration and the tools to be used for proving the right are specified in the Article 31 of Law No: 2577. In accordance with the said article, the Code of Civil Procedure is referred in terms expert, viewing and perpetuation of evidence.In this study; the expert and viewing evidence which referred in the Code of Administrative Procedure and Code of Civil Procedure- that are mentioned above- and ?information and document? that are applied by the Administrative Procedure, limits put on the principle of circumstantial evidence in the administrative procedure, the need for evidence of witness in the application by analysing the evidence of ?witness? and ?evidence? and the issue of whether it is possible to hear the witness in spite of the current positive arrangements have been analysed; moreover, an evaluation has been made on the features of administrative procedure in terms of the perpetuation of evidence, and the arrangement of subjects in the legal trial procedure as well as their different sides in applications have been emphasized by means of touching on State Court Precedents and court decisions in general, and it has been argued that the evidences should be rearranged by being taken within the frame of Administrative Procedure Legislation in terms of the idiosyncratic character of the administrative procedure.

Yazar

Dr. Mehmet Ali Atkan

Bu Yayına Nasıl Atıf Yapılır

Mehmet Ali Atkan (Master Thesis). The proves and evidences according to the characteristics of the administrative judgment procedure, 2010, Dicle University.

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