Improving Scientific and Theoretical Foundations of Proving in Disciplinary Proceedings

Abstract

The paper discusses the main scientific and theoretical approaches to the concept and content of proving in the legal process and disciplinary proceedings in the civil service system of the Russian Federation. The analysis allows us to conclude that the proving process is complex, multi-layered, and discussions continue in legal science concerning characteristics of the content of evidence in the administrative process. Specialists consider proving in the administrative process both as a procedural activity and a procedural form of cognition. It constitutes the content of procedural activity, it is one of the legal means of establishing circumstances of a specific case. Referring to the content of proving that includes collecting, examining, avaluating and using of evidence, the author substantiates the conclusion that in disciplinary proceedings in the public service system, despite separation of functions for collecting and verifying evidence from their examination and evaluation, procedural proving as a form of logical and procedural cognition is carried out continuously. Evidentiary activity, despite its different content and subject composition, is unified and it is carried out at all procedural stages of the court proceedings. With regard to the structure and content of the procedural form of law enforcement administrative proceedings, proving acts as a legal law enforcement technology and procedural tool used to achieve (cognize) objective truth. On the basis of the identified evidentiary features in disciplinary proceedings, the author gives his own definition, determines the structure of the subject of proving and shows possible directions for improving evidentiary activities.