LOGICAL (MENTAL) PART OF THE KNOWLEDGE OF TRUTH IN THE CONSTITUTIONAL COURT PROCESS
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article is devoted to the study of the philosophical and legal dimensions of the logic of assessment of evidence in the constitutional court process of its influence on the adoption of a fair and well-founded judicial decision. Particular attention is paid to the definition of the general principles and differences of the philosophical and functional specificity of the logic of assessing evidence in the work of the body of constitutional jurisdiction in protecting the rights and fundamental freedoms of man and citizen. According to the results of the research, the author makes some conclusions, which are as follows: – in jurisprudence, “logic” is used freely and refers to a fund of beliefs or generalizations, as well as types of reasoning that judges or lawyers use in defining as “common sense”; – although the process of evaluating evidence is not purely scientific, in the context of the fact that it does not aim to know the laws of the physical and social conditions of their occurrence, however, the cognitive mental activity of the subject of evidence to identify or confirm the facts, circumstances or phenomena of reality, de facto carried out with the use of dialectical and formal logic and other categories of science philosophy of law; – the main task of assessing evidence in a constitutional court proceeding is to resolve issues of compliance or non-compliance of certain normative acts, both in terms of content and procedure of their consideration and approval, with the requirements of the Constitution (constitutionality or unconstitutionality). That is, the classical assessment of the true values of evidence, which, as noted, consists in the fact that the main interpretation is considered as attributing to each proof one of two values – “true” or “false”; – the CCU judge has the opportunity to legally express his understanding of the logic of forming both the legal (legal) position and the provisions of the final act of the Court on issues that were considered, first, by voting, and secondly, in separate opinions, which are set out in writing.
Authors and Affiliations
Наталя Костянтинівна Шаптала
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