The application of the ex officio principle in the RA administrative procedure. When a administrative body sued against the other administrative body who has more active role in the administrative procedure-the court or the parties

Abstract

One of the purposes of administrative law is to ensure that public authorities act within the scope of their competences as determined by law. Every citizen must rest assured that he or she is treated in accordance with the law and public authorities will not act wrongfully. Given the disparity in power between public authorities as actors of the state and citizens, a fair process in administrative procedure can only be guaranteed when the authorities are bound to comprehensively and objectively examine the case. The guarantee of the above-mentioned could be the main principles of procedural organization in administrative law: the principle of ex officio examination. When the administrative litigation process starts, the principle of examining the facts of the case ex officio acquires a special significance․ The active role of the court in administrative procedure reflects the specific features of public law, specifically when resolving the dispute between the participants of public relations, the court eliminates the factual inequality between the natural and legal persons and the public authority. Since the “ex officio principle” is designed for eliminating the factual inequality between the natural persons, the legal persons and the public authority, when one administrative body is sued against another administrative body, this means that the court has to play not the active, but the passive role.