Annotation

The article examines the issues of determining the subject of proof in cases of challenging decisions of state organs (officials) considered. In the article it is justified that two groups of legal facts included in the subject of proof for this category of disputes should be highlighted. The first group includes facts of violation of the rights, freedoms and legitimate interests of the person filing the complaint, the presence of which indicates the right to judicial protection. The second group is divided into four subgroups, concerning the verification of various criteria of the legality of the contested decision. It is concluded that for the sufficiency of the establishment by the court of a fact of one type from the second group of facts included in the subject of proof to recognize the decision of the state organ (official) as illegal. In conclusion, it is noted that the presence of an active role of the court, combined with the principle of adversarial proceedings, is inherent in Lithuanian and Russian administrative proceedings.