Means of Evidence Before the Administrative Court in the Administrative Case Between Iraq and Algeria

In fact, the dispute is administrative if it has two elements, the first of which is the connection of the dispute with an administrative authority, meaning that the administration is one of the parties to the case as a plaintiff or defendant, and the second is the connection of the case with an activity attached to the administrative authority by means of public law. And the administrative means is the legal means that the legislator guarantees to people, whether natural or moral, to protect their rights in the face of the administration through the judiciary. Its legal or material actions vis-à-vis others with the privileges it possesses, such as the presumption of health privilege, the privilege of possession of documents, and the privilege of direct execution.  Consequently, the judge finds himself between two opponents, one representing the public interest and the second representing the private interest, and he has to restore the correct balance in order to give preference to the right of the weak over the strong, i.e. the right of the individual over the state, which requires addressing that situation, especially addressing the burden of proof borne by the individual claimant and the administration dissolves from it The defendant, because the individual is harmed by the decisions of the administration, and he is the one who seeks judicial protection by resorting to the judiciary, and he is obligated to provide evidence as the plaintiff. Accordingly, the importance of the research lies in the statement of the existence of a special system, as we did not find full attention to it from a legal point of view, and this is clear from the scarcity of legal research and university theses specialized in the means of proof before the administrative court in the administrative case. Accordingly, we must clarify the main question, what are the means of proof in the administrative case, and then we concluded the letter with several results that we reached during our study, the most important of which is that the general rule that states that the plaintiff bears the burden of proof is the same as the rules applied to administrative disputes, except that the administrative judiciary through the active role of the administrative judge  In hearing the parties, the individual plaintiff relieves the burden of evidence and in some cases agrees to it by transferring this burden to the defendant’s executive authority.  Burden of proof. From this point of view came the necessity to study the means of proof before the administrative judiciary in the administrative case to shed light on those means and know their details, so we elaborated that administrative case, and accordingly we divided the study into three chapters. Judicial evidence in the administrative case, and we separated in the third chapter the investigative means in the administrative case in Iraq and Algeria, then we concluded the letter with several results we reached during our studies and a number of recommendations that we hope to take, and we ask God for success.