System approach to criminal procedural proof: justification of the possibility of allocation and general characteristics
Journal Title: Правова позиція - Year 2018, Vol 1, Issue
Abstract
The publication substantiates the understanding of criminal procedural evidence as a system and the possibility of applying a systematic approach to its study. Thus, a systematic analysis of the criminal procedural evidences was carried out using various forms of description, in particular: a) historical (distinguished cognitive, activity and complex conceptual approaches to understanding the essence of evidence and their philosophical and methodological basis); b) substantive (the general structure of the system of proof is defined, the content elements of which are proposed to allocate: the object, the subjective side, the objective side and subject of evidence (substrate direction) and the structure of these content elements (structural direction)); c) functional (the features of the internal (the connection between its elements and subelements) and the external functioning of the system of proof (the adaptive (adaptation of the system of proof to the environment) and the adaptive (adaptation of the environment to the system) activity of the system of proof are revealed.) The essence of the basic conceptual approaches is briefly analyzed to the criminal procedural proof in the domestic science of the criminal process and thesesfully formulated the basic provisions of his systemic understanding
Authors and Affiliations
В. В. Вапнярчук
Keywords
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