Проблемные аспекты реализации принципов вины и презумпции невиновности в нормах законодательства об административных правонарушениях

Abstract

The article examines the relationship with the principles of guilt and presumption of innocence (Article 1.5 of the Administrative Code of the Russian Federation) of the norms of the Code of Administrative Offences of the Russian Federation, which formulate signs of the intellectual component of intent and negligence; regulating the features of bringing to administrative responsibility owners of vehicles, land (other real estate); defining the grounds and conditions of administrative liability of legal entities. The shortcomings of legal regulation are revealed, which exclude in many cases the real possibility of proving the guilt of a person in committing an offense, as well as contradictions of a number of norms of the Administrative Code of the Russian Federation to the principles of guilt and presumption of innocence. Proposals are formulated to eliminate the identified shortcomings of legal regulation.