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 52
- Downloads 0
Administrative and legal status of administrative commissions
The article contains an analysis of the problems associated with the determination of the administrative and legal status of certification commissions in Ukraine. Attestation in the work is considered as an assessment pr...
On some issues of the trial of cases on violation of the customs rules started according to features of article 472 of the Customs Code of Ukraine
The systematic analysis of foreign economic operations and the determination of their expediency, control of the routes of goods and vehicles, and the strengthening of control over the implementation of foreign economic...
Problems of providing balance between ecological and economical functions of the land as a natural resource
The peculiarity of the land contains in the fact that it can be considered as a territorial basis, natural resource and the main tool of production. According to the rules of the Constitution of Ukraine, land is the main...
The principle of the rule of law in the system of principles of administrative and legal support integrity judges
The article is devoted to the analysis of the essence of the principle of the rule of law and its significance for the system of principles of administrative and legal support for the integrity of judges. The author note...
State registration of normative regulations: models of dualism
The article is devoted to highlighting problems existing in the sphere of state registration of normative legal acts. The available duality models registration of normative legal acts are revealed in Ukraine. The questio...