THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN ADMINISTRATIVE LIABILITY ON THE EXAMPLE OF ADMINISTRATIVE OFFENCES IN THE SECURITIES MARKET

Abstract

The article reveals the content of the principle of presumption of innocence in administrative responsibility and highlights the features of the application of this principle on the example of administrative offenses in the securities market. A comparative analysis of the principle of presumption of innocence in administrative and criminal law is given. The author characterizes guilt as the content of the subjective side of an administrative offense against individuals and legal entities. The analysis of different approaches to the concept of guilt against legal entities is given. The article provides examples from judicial practice, confirming the presence of guilt as a necessary element of the legal composition of an administrative offense in this area. In substantiation of his words, the author pays special attention to the position of the constitutional Court of the Russian Federation, and also takes into account the decisions of the Arbitration court of the Krasnoyarsk territory, the Arbitration court of the Republic of Mordovia, Tushinsky district court of Moscow, the decision of the Arbitration court of the Moscow district, and others. The question of the burden of proof in the proceedings on administrative offences is raised.