employee
Russian Federation
employee
Russian Federation
The article examines the problem of applying the presumption of guilt when bringing a person to increased legal responsibility. Various doctrinal views on the nature, essence and content of the presumption of guilt are analyzed. Examples of judicial practice with justification of increased legal responsibility in the context of the application of the presumption of guilt are considered. Proposals are made to improve the current legislation and the practice of its application in the aspect of the solved scientific and practical problem.
presumption of guilt, increased legal responsibility, guilt, responsibility regardless of guilt
1. Odonikova A. V. Increased legal responsibility of a special subject. Autherꞌs abstract of the dissertation of the candidate of legal sciences. Nizhny Novgorod, 2020. 30 p. (In Russ.)
2. Tolstik V. A. The principle of responsibility for guilt and innocent legal responsibility: the problem of compatibility. Legal technique, 2020, no. 14, pp. 324-327. (In Russ.)
3. Resolution of the Arbitration Court of the Yamalo-Nenets Autonomous Okrug in case no. A81-2803/2023 of July 9, 2023. URL: https://ras.arbitr.ru/ (accessed 10.08.2023). (In Russ.)
4. Decision of the Arbitration Court of the Arkhangelsk region in case no. A05-11769/2022 of January 27, 2023. URL: https://sudact.ru (accessed 10.08.2023).
5. The decision of the Koverninsky District Court of the Nizhny Novgorod region in case no. 2-62/2023 of May 25, 2023. URL: https://koverninsky--nnov.sudrf.ru (accessed 10.08.2023). (In Russ.)
6. The decision of the Shegarsky District Court of the Tomsk region in case no. 2-232/2022 of November 21, 2022. URL: https://sudact.ru/regular/doc/uErfdkdeH7Zb (accessed 10.08.2023). (In Russ.)
7. Babaev V. K. Presumptions in Soviet law. Gorky, 1974. 124 p. (In Russ.)
