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
Related Articles
- EP ID EP600627
- DOI -
- Views 73
- Downloads 0
Functional appointment of administrative-tort law in the Ukraine’s right system
The scientific article is devoted, firstly, to the discussion of the issues of jurisprudence on the place of administrative-tort law in the system of law of Ukraine. The conducted research points out that in the science...
The doctrinal problems of the criminal proceedings on the basis of the agreement
In the article are analyzed the problems of formation and development of the new institute of criminal production – production on the basis of a juridical compromise in the form of the agreement about reconciliation and...
Justice: concept and meaning under the Criminal Code of Ukraine
The problem of the absence of criminal law in the concept and significance of such a legal category as “justice” is explored and disclosed. On the basis of the analysis of many works of scientists in the article the conc...
Fathers and sons of “theory of reflection” in soviet and post-soviet legal science
This article reviews factors that determined the establishment as methodological ground of Soviet and post-Soviet theory of legal evidences “Lenin’s theory of reflection”. Considered and assessed are concepts of “retrosp...
Discretion and imperative in civil legal regulation of social relationship: manifestation and relationship
The article is devoted to consideration domestic regulatory and scientific approaches to determination correlation between discretion and imperative in civil legal regulation of public relations. The author determines th...