Bocharov D. Proving in Law enforcement activity: general theoretical issues.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U002362

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

16-05-2007

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The work is dedicated to the research of general theoretic aspects of juridical proving as a constituent of law enforcement activity. In the theses is made an attempt to discover the essence and signs of law enforcement activity as dynamic system, the constituent of which is proving. The content and structure of law enforcement is defined through determination and analysis of its fundamental functions: individual regulation and rights securing.. One determines the place of proving in the process of law enforcement functions implementation and contents of own functions of proving. Considering the contents of its functions and the way of its incorporation in value-free reality one characterizes the content, means and the result of proving activity. One ascertains scientific status of law of evidence and its place in law and legislation systems. For the first time were classified and theoretically generalized the wide range of views for the essence of proving, its content, means and results formed by therepresentatives of branch sciences. On the ground of their complex analysis were formulated corresponding theoretical conclusions and applied recommendations regarding the harmonization of corresponding constituents of law and legislation systems and refinement of contents of some standards-definitions.

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