Article 54. Justification of the administrative act
On administrative procedures (LRU-457-son) · Date: 08.01.2018 · In force
The reasoning part of the administrative act must contain all the factual and legal grounds for the adopted administrative act.
When substantiating an administrative act, an administrative body shall not have the right to refer to evidence that has not been examined or attached to the administrative file in the course of the administrative proceedings, or which the participants in the administrative proceedings have not been given the opportunity to familiarize themselves with. If, when adopting an administrative act, an administrative body is endowed with administrative discretion (discretionary authority), the reasoning part of the administrative act sets out all the assessments, arguments and judgments that led to this or that administrative discretion (discretionary authority), or the refusal of it. At the same time, the administrative body must substantiate the conformity of the administrative act adopted by it with the principles of administrative procedures.
