Peculiarities of Averment Stages in Cases of Administrative Offences

Abstract

The article explores theoretical and practical aspects of evidence collection, examination and assessment in cases of administrative offences, which have been little analyzed as yet. In the article, evidence collection refers to the search for evidence, its discovery and consolidation in a material object. Evidence examination is defined as the establishment of actual data on the circumstances relevant to the case, which are recorded in the evidence, and an additional examination of certain circumstances. Evidence assessment means thinking activities to analyze evidence collected and examined in the case and to establish the truth in the case, according to appropriate criteria. Referring to the opinions of various scientists and the case law of the Supreme Administrative Court of Lithuania, the article reveals elements of evidence in cases of administrative offences, thoroughly explores each stage of the averment process and provides practical examples and makes suggestions for solving problems. The article substantiates a conclusion that early examination and assessment of evidence should also be carried out during the process of drawing up a record of administrative offence.