College of Law

Prof. Dr. Saddam Khazal Yahya
Private Law Branch
college of Law
University of Al Mosul
Administrative litigation….
Evidence methods or evidence play an important role in achieving the objective rights of people, especially in civil matters and cases, where the legislator specified in the amended Iraqi Evidence Law 107 of 1979 certain ways to prove civil litigation ranging from written evidence to judicial evidence through testimony, confession, interrogation, oath and experience and inspection … etc., where the court of the subject matter may assign the plaintiff to prove his claim and according to the type of case in order to reach the decisive ruling in the case. An important question arises here, namely, do these methods apply to the administrative litigation, which almost enjoys a certain specificity due to the nature of these disputes in which the administration is often a party ? The answer, of course, is that the law, especially the Fifth Amendment Law of the Fifth State Consultative Council Law of 2013, does not prevent the application of the Pleadings and Evidence Law on cases considered by the Employees’ Judiciary Court or the Administrative Court, but despite that, we find that the administrative evidence of the facts constituting the administrative case enjoys a certain and relative specificity from what is As is the case in civil lawsuits, it is not permissible in many cases to prove the administrative facts that are the subject of administrative lawsuits except with significant written evidence such as resignation, direct or personal filing and other administrative matters that are proven only by written evidence. For example, it is not permissible to hear personal evidence as testimony in many facts, even if there is a tendency to hear it in the case of organizing a report for the destruction of files, for example, that is, administrative facts, whether they are material or legal facts, are not proven unless in writing. Administrative disputes, and the case applies to other evidence relatively
What we want to convey is the following:-

1. The methods of proving civil conflict differ from proving dispute and administrative litigation due to the latter’s privacy
2- It is possible to apply some civil evidence to administrative disputes in proportion to the administrative fact that is the subject of the lawsuit, and it is possible that others may not be applied due to their inconsistency with the tools of proving some of those facts.
3. Why is there not a special legislation regulating methods of proof for administrative cases that takes into account the nature of the evidence that can be applied in a way that does not conflict with administrative facts?