О бремени доказывания вины по делу об административном правонарушении

Abstract

The article analyzes the relations in the sphere of evidence and proof of guilt in respect of which the administrative process is underway. Attention is paid to the collection of evidences from sources provided by law, the assessment of the evidences collected, questions of application of the presumption of innocence and the presumption of guilt. One of the most important aspects that require an answer is: who bears the burden of proof. Presumption is an assumption recognized as valid until the contrary is proved. Guilt is a mandatory feature of any administrative offense. We analyze the current legislation and practice, including the context of a person’s right not to incriminate themselves, relatives and members of his family. The situation associated with the violation of the rules of stop rules and parking of the vehicle, as well as other traffic rules is considered. Based on the need to balance public and private interests, it is underlined that the law enforcement agencies’ authorized officers have all legal grounds, taken into consideration the principle of unavoidability of punishment (penalty), to hold a vehicle owner administratively liable if the owner does not provide with the information about whom he (she) has passed his (her) car that turned out to be parked in the wrong place. Attention is paid to the position of the Constitutional Court expressed in one of its definitions referring to the presumption of innocence. The Constitutional Court noted that not only the indicated presumption is important, but also the principle of inevitability of punishment, protection of the foundations of the constitutional system, morality, health, rights and freedoms of others, national defense and state security are necessary. Suggestions have been made for further improvement of law enforcement.