{"id":97398,"date":"2024-09-07T22:38:39","date_gmt":"2024-09-07T19:38:39","guid":{"rendered":"https:\/\/lawoffice.org.il\/%d7%97%d7%96%d7%a7%d7%aa-%d7%aa%d7%a7%d7%99%d7%a0%d7%95%d7%aa-%d7%a0%d7%95%d7%98%d7%a8%d7%99%d7%95%d7%9f\/"},"modified":"2024-09-07T23:53:58","modified_gmt":"2024-09-07T20:53:58","slug":"presumption-of-administrative-integrity","status":"publish","type":"post","link":"https:\/\/script_transfer_new.mowfns.ap-southeast-2.wpstaqhosting.com\/en\/presumption-of-administrative-integrity\/","title":{"rendered":"Presumption of Administrative Integrity in Israeli law"},"content":{"rendered":"

What is a presumption of administrative integrity in relation to notarial actions? The presumption of integrity is a key principle in Israeli evidence law. It means that notarial certificates and actions by state authorities are considered correct and valid unless convincingly demonstrated otherwise.\u00a0<\/span><\/p>\n

The presumption is that the notary or authorities issue documents, certifications and other legal acts correctly and appropriately. If an individual wishes to prove that someone did not act properly, the burden of proof falls on them (and this is an exception to the general rule).<\/span><\/p>\n

Our law firm provides notarial services, including signature verification, notarial translation<\/a>, and document certification. As immigration attorneys, we often encounter the presumption of administrative integrity versus clients’ claims that state authorities did not act properly. This article will examine the presumption of integrity and the necessary proof.\u00a0<\/span><\/p>\n

The burden of proof to overcome the presumption of correctness<\/b><\/h4>\n

To question a notary in court about a notarial certificate, you must first show clear evidence of mistakes or problems. The court will assume the notary’s work is correct unless proven otherwise.<\/span><\/p>\n

The same assumption that things are done correctly applies to state authorities. For example, if someone questions a state-prepared protocol or a hearing, they must provide evidence that shows these were done incorrectly. It\u2019s up to the person making the claim to prove the errors.\"Presumption<\/span><\/p>\n

Is the Authority Required to Prove that It Acted Properly?<\/b><\/h4>\n

Regarding the presumption of administrative integrity, it was established in civil appeal 3901\/11 Makhashvili v. Tax Authority, as follows:<\/span><\/p>\n

“According to this presumption, the authority is not required to demonstrate that its actions are proper; rather, the presumption is that this is the case, and it is up to the individual claiming impropriety to overcome this presumption. The presumption of integrity mainly arises from considerations of efficiency and practicality. Firstly, you can not impose on the authority the burden of the resources wasted in judicial proceedings solely based on a vague claim raised by the opposing party. Secondly, you can not expect complete and accurate documentation accumulated over the years of all routine actions done in the daily operations of the public service mechanism (as opposed to actions of special significance that must be documented, where lack of documentation would be considered evidential damage).<\/span><\/i><\/p>\n

Challenging an Administrative or Notarial Action is Difficult, Placing High Burden on an Individual<\/b><\/h4>\n

Section 19 of the 1976 Notary Law<\/a>, states:<\/span><\/h4>\n

\u00a0“Under this law and its regulations, a notary’s approval serves as sufficient evidence in legal proceedings. This means no additional evidence is needed regarding the notary\u2019s actions, or the statements and actions of others made before the notary, as outlined in the approval.”<\/span><\/h4>\n
In the case family court case 3681\/00 M.E.A.Z v. N.D.Z, it was found that the defendant did not provide enough evidence to dispute the idea present: That the notary correctly checked the identities of the parties involved and that the deceased signed the power of attorney willingly and with full understanding.<\/span><\/h5>\n

How Can Defects in the Presumption of Integrity Be Identified and Invalidate the Action?<\/b><\/h4>\n

In Originating Motion<\/span> 4076\/05,<\/span> Shaia v. Carmi, several defects were found in a power of attorney<\/a> prepared by a notary, including:<\/span><\/p>\n