"CODE OF ADMINISTRATIVE PROCEDURES OF THE REPUBLIC OF ALBANIA "   |   44/2015

Article 82: Burden of proof

1In the administrative proceedings initiated with the request of the interested party, the burden of proof on claimed facts shall fall on the interested parties in the administrative proceeding, regardless of the obligation of the administration to make available to the parties the evidence under its possessions.

2In cases where the party presents evidence on which it bases claims for discrimination, and based on which it may be presumed that there was discrimination, the other party and/ or the public organ shall be obliged to prove that the facts do not constitute discrimination, regardless of the duty of the administration to make available to the parties the evidence under its possession.

3In order to support their claims, the parties may attach to the request for initiating the administrative proceeding various documents or facts.

4The parties may require the public body to take the necessary measures to ensure the use of evidence in its possession in the course of the administrative proceeding.

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