The nature and content of the court situation

Abstract

Purpose. The aim of the article is to present part of the results of the scientific work carried out within the scope of studying the prospects of building a holistic concept of forensic support of court proceedings. The immediate task of the proposed publication was to substantiate the author's vision of the nature and content of the concept of a judicial situation as a key category of the organization of judicial proceedings in criminal cases. Methodology. The methodology includes a comprehensive approach to the study of theoretical and practical aspects of the researched object. During the research, methods of formal logic were used, as well as: historical, systemic and terminological analysis, interpretation of concepts. Results. In the course of the research, it was established that the recognition of the objective-subjective nature of forensic situations is becoming more and more characteristic of modern approaches. Its which implies not only the presence of objective conditions, but also a subjective assessment of the situation, such a perception of it, which creates for the subject's need to react in the form of choosing the appropriate line of behavior. The subject selects certain elements of the surrounding reality into a certain system and identifies it as a situation of one or another type. Without a subject, there is no situation; he constructs the system himself, determining his place in it, his attitude to it and to its individual elements, in particular to other subjects, thus forming the structure of the «situation» system. The conduct of criminal cases by the court, like any other type of activity, is characterized by situationality - the dependence of its implementation on specific conditions and circumstances, that is, factors under the influence of which the object of the situation and its state are formed. The situational nature court research of the implies the need for the subject to choose the techniques and means most effective for the given situation. This regularity determines the key importance of the concept of a judicial situation and the situational approach based on it for building a theory of forensic support of court proceedings. Within the limits of this theory, it is envisaged to create a system of complexes of scientifically based forensic recommendations on the organization of judicial review of criminal cases, which will allow, with careful consideration of the individual characteristics of each judicial proceeding, to ensure its optimality in various judicial situations. Originality. Because of the study, the objective-subjective nature of the forensic situation received additional justification, the author's definition of the concept of "court situation" was proposed. Practical significance. The results of the study can be used in the educational process, research activities.