Annotation

This article examines specific issues surrounding the presumption of legality in judicial decisions. The author analyzes its inherent rebuttability, examines the circumstances of its verifiability (which include the factual circumstances of the case and compliance with the procedure for its consideration), and the conditions under which it can be rebutted (in particular, such a decision can only be made by a higher court in the statutory appellate, cassation, or supervisory review process, in which case the decision must be overturned). Based on a study of judicial statistics, the author substantiates the conclusion that the presumption of legality is rarely rebutted, but its rebuttability is a necessary guarantee of the implementation of the principle of legality in a state governed by the rule of law and a key to strengthening the authority of the judiciary.