Shaptala N. Philosophical and legal dimensions of proof in constitutional litigation

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U000652

Applicant for

Specialization

  • 12.00.12 - Філософія права

05-09-2019

Specialized Academic Board

Д 26.007.01

National Academy of Internal Affairs

Essay

The dissertation is devoted to the study of the philosophical and legal framework and procedural requirements for the formation of an evidence base in the consideration of cases on matters that are within the jurisdiction of constitutional legal proceedings as a form of protection of the rights and freedoms of man and citizen. According to the results of the study, the author makes conclusions about the need for a substantial improvement of the scientific and legislative framework for the activities of the Constitutional Court of Ukraine. The main ones are this. The characteristic features of philosophy and ideological content of evidence in the domestic constitutional court process are its orientation towards the protection of human and civil rights and freedoms guaranteed by the Constitution. The methodology for the study of the philosophical and legal foundations of evidence in a constitutional court process should be defined as a set of methods of research used in modern domestic and foreign jurisprudence. It is based on mental thinking and an outlook based on the ideology of human recognition, life and dignity, inviolability and security of the highest social value.

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