SEPARATE ASPECTS OF DEVELOPMENT OF THE THEORY OF PROOF IN DOMESTIC LEGAL SCIENCE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 1, Issue
Abstract
Article is devoted to research of separate aspects of development of the theory of proof in domestic legal science. The author pays attention to absence of the standard understanding of the legal nature and branch accessory of proof. The scientific positions connected with qualification of the law of evidence as autonomous education are analyzed. Need of delimitation of the material norms used in evidentiary activity, and a legal procedure, it regulating locates. Additional arguments in support of development of the general theory of proof are put forward. Reforming the legal system of Ukraine is one of the overall objectives of streamlining regulation of procedural relations. After all, the effectiveness of the mechanisms of judicial enforcement depends on regulations set by the legislator proceedings. Therefore, the question of procedural law are the focus of lawyers and procedural aspects of improving the administration of justice is a priority because of the rule of law crucial to the system of protection of rights, freedoms and lawful interests of individuals and legal entities. Among a number of important issues relevant procedural science always is the question of proof, which is no exaggeration center and foundation of the entire judicial enforcement. Industry affiliation of evidence relating to a very controversial topic. A large number of scientists defending the existence of independent institutions of proof in various fields procedural law. Immediately the problem of feasibility combination rules governing proof in complex formation related material and the harmonization of procedural component of evidence, which is also the most controversial. In addressing this issue should take into account that the complexity of legal regulation leads to a lack of full unity between the common characteristic regulation as substantive or procedural characteristics and specific rules that it includes.
Authors and Affiliations
П. В. Панталієнко
Keywords
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