Problems of proving in international relationships
Journal Title: Юридические науки и образование - Year 2018, Vol 55, Issue 55
Abstract
Recent events with poisoning of the Skripals and falsification of evidence of using chemical weapons in the Syrian town of the Duma allow asserting about essential lacks of international system of proof, and to be exact, about its lack. It cannot be considered as evidence only relative knowledge about events of the reality since their reliability should be proved in advance, and the means through of which it might be established, cannot be other than evidences on proving subject. Epistemological requirement, which brought to a content of knowledge received in proving process, is manifested in that it should save those information, which is inherent the both a mapping and mapped. Otherwise informative aspect of the mapping, i.e. information cannot be invariant of an original. Correspondence of a content of evidence to the subject of proof determines the relevance of the proof, and consequently, functioning of it as the means of cognition. A great number of information about facts of objective reality is revealed in process of proving. Separation of unnecessary information and, conversely, establishing of the relevance of information to the subject of proof is one of the most important tasks of proving as it allows from established fragments of the reality to design an integral picture of an event. Every fact is unrepeatable, irreplaceable, and unique in its kind as that or other phenomenon linked with a concrete place, time and individual features. Distinguishing that or other phenomenon as a fact, a cognizant takes some part of the reality in all variety its links and relationships with surrounding world; every link or relationship characterizes a fact from its side, providing it with special property. Phenomenon, event becomes a fact when its cognition is necessary, significantly for resolution of some tasks, which put before a subject. Not any phenomenon is a fact, and only those, which separated from surrounding world and involved in sphere of cognitive activity of a cognizant. Due to a remoteness of a subject from a fact with space-time it cannot be directly studied, and it is established through intermediate link, i.e. indirectly.
Authors and Affiliations
Sevinj Ismailova
Keywords
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- EP ID EP318721
- DOI 10.25108/2304-1730-1749.iolr.2018.55.140-160
- Views 69
- Downloads 0
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