Visual inspection as evidence in administrative proceedings in registration matters

Abstract

The article addresses the issue of evidence from visual inspection in cases of registration obligation decided by municipal authorities by way of an administrative decision. The necessary condition for issuing a correct decision is an objective determination of the factual circumstances of the case, which is done primarily by taking evidence. In registration cases, one of the most frequently used means of evidence is property visual inspection. In practice, they are not always conducted correctly. Due to the practical importance of the issue and the lack of particular interest in it by researchers, this issue was subjected to appropriate analysis and development. The considerations were based on the analysis of legal regulations, subject literature and case law, as well as the author's own observations. The aim of the study was to explain the essence and nature of evidence from visual inspection and its significance in registration cases, as well as to identify the deficiencies and doubts that appear in practice and an attempt to explain them on the basis of the views of the doctrine and court decisions.