The presumption of the businessman's innocence has been introduced
Now, in order to impose a fine, the state body must prove the entrepreneur's violation or non-fulfillment of an obligation, having eliminated
**The presumption of innocence of the entrepreneur has been introduced**
In accordance with the President's Decree No. UP-175 dated August 27, 2026, the "presumption of innocence of the business entity" has been introduced in public legal relations between state bodies and business entities.
According to this procedure, a business entity and its officials are deemed to have acted in accordance with the requirements of the legislation and properly fulfilled their obligations, unless the state body proves otherwise.
The burden of proving that the legal measure applied or the decision made against the entrepreneur in court or another administrative body reviewing the dispute is justified, lawful, and proportionate, as well as proving that the violation was committed, is placed on the state body.
The new rule defines the approach to the burden of proof in disputes between an entrepreneur and a state body. In this regard, the entrepreneur's compliance with the legislation is accepted as the baseline, and the state body must prove the opposite.
It is also envisaged that irreconcilable contradictions and doubts, where the possibility of differing interpretations of the legislation remains, shall be interpreted in favor of the business entity.
Decree No. UP-175 is aimed at strengthening the guarantees for protecting entrepreneurial activity. The document entered into force on August 28, 2026.
The decree also establishes measures such as the introduction of a three-year moratorium on inspections of small business entities. At the same time, certain inspections within the framework of criminal cases, those related to human health and labor legislation, as well as other cases specified by law, are excluded.