Gladysheva, O.V. Presumption of innocence in the fair judicial proceedings.

Abstract: Realization of the presumption of innocence in practice includes a number of evidence-related problems. And often the solutions offered presuppose very active position of a person himself. At the same time one of the modern problems of the criminal process in Russia is passive position of the defense in the sphere of evidence, due to the absence of obligation to prove innocence of a person in question. The author considers that the existing definition of presumption of innocence fails to motivate the defense.