Problems of presumption of guilt in the implementation of administrative responsibility in the field of road traffic

Бесплатный доступ

The article deals with the problems of the practical implementation of the presumption of guilt that applies to vehicle owners when registering the fact of an administrative offense by means of video recording. It is shown that the establishment of the full range of circumstances that allow the owner of the vehicle to refute the guilt in such a situation does not fully meet the right to protect interests by any legal means, since the absence of the possibility of committing an administrative offense established by means of video recording by the owner of the vehicle can be proved by various facts. An overview of examples of judicial practice in support of this position is given, a conclusion is made about the imperfection of the current rules governing the procedure for refuting the owner of a vehicle, a specific way of resolving this contradiction is proposed.

Еще

Administrative liability, offenses in the field of road traffic, presumption of guilt, vehicle owner, video recording means, adversarial nature of the parties, evidence, fact of offense

Короткий адрес: https://sciup.org/170187280

IDR: 170187280   |   DOI: 10.24411/2500-1000-2020-11486

Статья научная