Concerning the presumption of illegality in the administrative procedure code of the Russian Federation

The paper discusses the feasibility of theoretical identification of the presumption of illegality of the legal act. The reasons for the failure of this legal assumption are determined. The focus is on the negative consequences that can arise if the presumption of illegality is consolidated in the current legislation. The author considers the concept of legality and its content. The research reveals the substantive, formal, and system-based requirements of legality to be met by a legal act. The scope of legality is established. The research describes the specific features of proof when considering proceedings related to challenging legal acts. In the author’s opinion, the failure to fulfill the obligation to prove the legality of the legal act by the state authorities encourages the judiciary to take active measures on its part. The court activity calls into question the need to identify the presumption of illegality in such proceedings.