الوسائل التحقيقية للإثبات في الدعوى الإدارية

Abstract EN

Evidence is one of the means of persuasion presented before the administrative judge to defend the alleged facts, and it is represented in the ways and means that the plaintiff uses to reach the right he claims by convincing the judge of the facts the source of that right.

The owner of the right - the claimant - cannot access his right if he does not provide evidence for its existence, as the jurists say, "The evidence is the ransom for the right".

The nature of the administrative lawsuit and its specificity from other lawsuits - the fact that one of its parties is the administration as a public authority - makes it distinct in the process of proving the claimed right, especially in terms of the administrative judge’s authority to be convinced by the presented means of proof and the alleged facts, which constitute a source of the plaintiff’s right, This is in addition to highlighting the positive role of the administrative judge and his authority to prove and achieve a kind of balance between the two sides of the "administrative case" in order to achieve the justice desired by the judiciary and to reach the legitimacy that both the judiciary and the administration maintain.

The investigative means of proof within the scope of the administrative case are as varied as the ordinary cases, since these means are general to be used before the administrative judge as well, especially at a time when we lack a law of administrative procedures in Iraq that can be relied upon when conducting administrative cases before the administrative courts in general.