Problems of proving in international relationships
Journal Title: Юридические науки и образование - Year 2018, Vol 55, Issue 55
Abstract
Recent events with poisoning of the Skripals and falsification of evidence of using chemical weapons in the Syrian town of the Duma allow asserting about essential lacks of international system of proof, and to be exact, about its lack. It cannot be considered as evidence only relative knowledge about events of the reality since their reliability should be proved in advance, and the means through of which it might be established, cannot be other than evidences on proving subject. Epistemological requirement, which brought to a content of knowledge received in proving process, is manifested in that it should save those information, which is inherent the both a mapping and mapped. Otherwise informative aspect of the mapping, i.e. information cannot be invariant of an original. Correspondence of a content of evidence to the subject of proof determines the relevance of the proof, and consequently, functioning of it as the means of cognition. A great number of information about facts of objective reality is revealed in process of proving. Separation of unnecessary information and, conversely, establishing of the relevance of information to the subject of proof is one of the most important tasks of proving as it allows from established fragments of the reality to design an integral picture of an event. Every fact is unrepeatable, irreplaceable, and unique in its kind as that or other phenomenon linked with a concrete place, time and individual features. Distinguishing that or other phenomenon as a fact, a cognizant takes some part of the reality in all variety its links and relationships with surrounding world; every link or relationship characterizes a fact from its side, providing it with special property. Phenomenon, event becomes a fact when its cognition is necessary, significantly for resolution of some tasks, which put before a subject. Not any phenomenon is a fact, and only those, which separated from surrounding world and involved in sphere of cognitive activity of a cognizant. Due to a remoteness of a subject from a fact with space-time it cannot be directly studied, and it is established through intermediate link, i.e. indirectly.
Authors and Affiliations
Sevinj Ismailova
Keywords
Related Articles
- EP ID EP318721
- DOI 10.25108/2304-1730-1749.iolr.2018.55.140-160
- Views 77
- Downloads 0
Guantanamo Bay: The Model for an American Police State?
It is examined a legality of operation of the detention center at Guantanamo Bay and other signs of turning the U.S. into the authoritarian police state.
Forms of special knowledge use in Russian legal trial: dilemmas of theory and practice
It is analysed the existing scientific literature forms of special knowledge use in Russian legal trial. Special attention is paid to the classification of forms of use of special knowledge in constitutional legal trial....
The system of formation of the inner conviction of a defender
Based on an approximate presumptions the formal system of evidences has not justified itself with epistemological positions. In a great extent the inner conviction of a defender is formed on a subconscious level which do...
Deputy’s request in the Constitutional Court of the RF against execution of the decisions of European Court of Human Rights
In connection with inquiry of a group of the parliamentarian of the State Duma of RF, it is considered the most important issue of legal policy of Russian Federation - actually calling into question an applicability of t...
Concept of the labour migration, its principles and the problems of its modern position
It is researched the essence of labour migrants,the principles, that regulate its law position and some problems that exist in this field. Also it is analyzed the restrictions of national legislation concerning the law p...