THE ESSENCE OF THE PHILOSOPHICAL CATEGORY „TRUTH”: CRIMINAL PROCEDURAL ASPECT
THE ESSENCE OF THE PHILOSOPHICAL CATEGORY „TRUTH”: CRIMINAL PROCEDURAL ASPECT
Author(s): Viacheslav V. VAPNIARCHUK, N. A. Zhuravel, Volodymyr M. TROFYMENKO, Mykhailo KarpenkoSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Asociaţiunea Transilvană pentru Literatura Română şi Cultura Poporului Român - ASTRA
Keywords: objective truth theory; procedural truth theory; coherent truth theory; conventional truth theory; philosophical doctrine;
Summary/Abstract: The urgency of the problem stated in the article is conditioned by ambiguous approaches to understanding the essence of the category “truth” both in philosophy and law in general, and in criminal procedural activity in particular. The aim of the article is to identify and analyse philosophical ideas about truth and to study their influence on scientific views on this issue in criminal procedural law, as well as to substantiate the author's approach to understanding the essence of truth and its significance in domestic criminal procedural evidence. The main approach to the study of this problem was to systematise conceptual approaches to understanding truth (theories of truth) in both philosophy and the science of criminal process, expressed critical (both positively and negatively) opinions on each of them. The paper analyses the five philosophical concepts of truth (classical, coherent, pragmatic, semantic, and referential) and theories of truth that are most advanced in the modern science of criminal process (objective, procedural, coherent, and conventional). Based on the analysis of the latter, the authors’ understanding of the essence of truth as the purpose of proving in criminal proceedings is offered, in particular, it is concluded that the position of all theories of truth in criminal process are constituent components of this concept. The materials of the article represent both theoretical and practical value. They can be used for further scientific investigation of the essence of the category of “truth” in law in general and criminal procedural in particular, as well as for the proper understanding and implementation of law enforcement criminal proceedings.
Journal: Astra Salvensis - revista de istorie si cultura
- Issue Year: VIII/2020
- Issue No: Supplement
- Page Range: 273-290
- Page Count: 18
- Language: English