COGNITION AS A MEANS OF FORMING THE PROOF SYSTEM IN THE CONSTITUTIONAL COURT PROCESS Cover Image

COGNITION AS A MEANS OF FORMING THE PROOF SYSTEM IN THE CONSTITUTIONAL COURT PROCESS
COGNITION AS A MEANS OF FORMING THE PROOF SYSTEM IN THE CONSTITUTIONAL COURT PROCESS

Author(s): L.V. Rusnak
Subject(s): Constitutional Law
Published by: Editura U. T. Press
Keywords: proof; constitutional justice; constitutional design; proof procedure;

Summary/Abstract: Issues related to the specifics of the constitutional court process have been studied much less compared to other types of legal processes. The peculiarities of the domestic constitutional judicial process include the fact that it is not adversarial, the participants do not defend their interests, but provide explanations on issues that are important for a full, comprehensive and objective consideration of the case and the adoption of a reasoned decision. The Constitutional Court of Ukraine is not a body authorized to conduct investigative or investigative actions, however, it has the right, exclusively within the limits established by law, to demand any information for its possible use as evidence in the case. Evidence in a constitutional trial as a type of legal knowledge is based on the principle of the cognizability of law and legal prescriptions, which is carried out in accordance with the canons of formal logic (philosophical component) and special methods, techniques and forms regulated by legislation (legal component) in order to establish the truth during the specified process.

  • Issue Year: I/2022
  • Issue No: 1
  • Page Range: 224-228
  • Page Count: 5
  • Language: English
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