Конституційний судовий процес: методологія та філософсько-правові засади

Abstract

The purpose of the scientific article is to summarize and develop theoretical and methodological knowledge about the nature, nature and features of the constitutional judicial process, as well as to invent a system of measures to: defining the philosophical and legal content of constitutional judicial control as a multifaceted philosophical and legal category; understanding of methodological and procedural principles of its application; identification of the relationship between the structural and functional specifics of the judicial control institute and the characteristic features of social relations in the main spheres of life of the society. The methodological basis of scientific search is a set of philosophical and philosophical principles of scientific cognition, methodological approaches, general methods of thinking, philosophical, general scientific and specifically scientific methods, the use of which has provided the validity and reliability of the results of the study of the laws of constitutional judicial process formation. The scientific novelty of the publication is that for the first time it was proposed to use special methodological tools in the course of developing the theory of constitutional litigation; have further developed scientific ideas about the genesis of the theory of proof and its prospects in domestic law. The conclusions of the scientific article are as follows: The philosophical and legal nature of the judicial constitutional process as a socio-political category and legal phenomenon is based on the achievements of the centuries-old history of the national state-making in ensuring human rights and freedoms, decent living conditions and the desire to develop and strengthen a democratic, social, and legal state. In this context, the powers of the Constitutional Court of Ukraine are not only an important function from the point of view of compliance with constitutional law, but also have special significance as an activity aimed at determining the essential principles of the constitutional process and reflecting the socio-cultural status of society and indicators of the real level of relations between society and the individual. , the government and the citizen, the mechanism of state power and the institutions of civil society in their unity and contradiction (opposites). Thus, «unity of opposites» means their interdependence, that is, the existence of one opposition implies the necessary existence of another opposite, in our case it concerns the categories of «letter» (positivist component) and «spirit» (axiological and ontological components) of law. Keywords: evidence base; constitutional litigation; methodological tools; theory of proof.