PROBLEMS OF IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE AT THE PRESENT STAGE
Journal: VESTNIK OF THE EAST SIBERIAN INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
№ 2
, 2024
Rubrics: PUBLIC LAW (STATE LAW) SCIENCES
Authors:
1.
Vostochno-Sibirskiy institut MVD Rossii
(Kafedra administrativnogo prava i administrativnoy deyatel'nosti OVD, Docent)
from 01.01.2023 until now
from 01.01.2023 until now
2.
Vostochno-Sibirskiy institut MVD Rossii
Type:
Article
Pages:
from 45
to 52
Status:
Published
Received:
14.03.2024
Accepted:
29.03.2024
Published:
26.06.2024
Subject area:
UDK 342.9 Административное право
Language:
Russian
Keywords:
presumption of innocence, principles of law, technical and legal means, fictions, prejudice, axiom, relevance, admissibility, reliability, sufficiency, principle of objective truth.
Abstract (English):
Introduction: the article is devoted to the consideration of the problems of implementing the principle of presumption of innocence at the present stage in the context of correlation with other means of legal technology - axioms, fictions, prejudices. Conclusions significant for practical application are drawn and suggestions are made. While expressing agreement with the legislator in principle, the authors, nevertheless, make their proposals to fill the principle of presumption of innocence with a new meaning. Materials and methods: the normative basis of the study is formed by the Code of Administrative Offences of the Russian Federation, which enshrines the main provisions of the implementation of the principle of presumption of innocence in relation to other means of legal technology - axioms, fictions, prejudices. The methodological basis of the research was a complex of general scientific (analysis and synthesis, induction and deduction, system-structural approach) and special methods of cognition. The results of the study: The authors conclude that in order to achieve the effectiveness of the implementation of the principle of presumption of innocence, it is necessary to consider it in relation to other means of legal technology with a comprehensive, complete and objective study of all evidence in the case, without taking many of them as a basis. The study notes the influence of the principle of presumption of innocence on other procedural principles established by Article 26.11 of the Administrative Code of the Russian Federation. Special attention is paid to judicial practice, which is only being developed and is currently poorly studied. Conclusions: The analysis of problems in practice can be applied by all participants in law enforcement activities.
Introduction: the article is devoted to the consideration of the problems of implementing the principle of presumption of innocence at the present stage in the context of correlation with other means of legal technology - axioms, fictions, prejudices. Conclusions significant for practical application are drawn and suggestions are made. While expressing agreement with the legislator in principle, the authors, nevertheless, make their proposals to fill the principle of presumption of innocence with a new meaning. Materials and methods: the normative basis of the study is formed by the Code of Administrative Offences of the Russian Federation, which enshrines the main provisions of the implementation of the principle of presumption of innocence in relation to other means of legal technology - axioms, fictions, prejudices. The methodological basis of the research was a complex of general scientific (analysis and synthesis, induction and deduction, system-structural approach) and special methods of cognition. The results of the study: The authors conclude that in order to achieve the effectiveness of the implementation of the principle of presumption of innocence, it is necessary to consider it in relation to other means of legal technology with a comprehensive, complete and objective study of all evidence in the case, without taking many of them as a basis. The study notes the influence of the principle of presumption of innocence on other procedural principles established by Article 26.11 of the Administrative Code of the Russian Federation. Special attention is paid to judicial practice, which is only being developed and is currently poorly studied. Conclusions: The analysis of problems in practice can be applied by all participants in law enforcement activities.
Keywords:
presumption of innocence, principles of law, technical and legal means, fictions, prejudice, axiom, relevance, admissibility, reliability, sufficiency, principle of objective truth.
presumption of innocence, principles of law, technical and legal means, fictions, prejudice, axiom, relevance, admissibility, reliability, sufficiency, principle of objective truth.
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