Abstract

The relevance of the study of the problems of truth in law is conditioned by the essential nature of man and his purposeful activity, including the sphere of legal regulation of social relations. At the present stage, the issue of securing the principle of truth in the norms of Russian law is not unambiguously resolved. In this regard, it seems relevant to investigate the issues of the legalization of truth and the mechanisms for its achievement in the conditions of application of measures of legal responsibility. The paper is devoted to the study of philosophical foundations of truth in law, the analysis of practical significance of obtaining truth in the procedural branches of law on the basis of analysis of the norms of the procedural legislation of the Russian Federation. Formal-legal and comparative-legal methods are used for a comprehensive analysis of procedural legislation and the implementation of the principle of objective truth in the legislation. With the use of the dialectical method, epistemological grounds and their significance for the implementation of law enforcement activities are revealed. The article reflects the views of researchers on the content of truth and the realization of the principle of objective truth in law. The conclusion is made that it is necessary to interpret the principle of objective truth as universal one, which must permeate not only the sphere of law enforcement, but also the formation of laws. A proposal is formulated on the need to separate and normatively fix the principle of objective truth in the procedural branches of law as an independent principle. Law enforcement agencies should strive achieving objective truth in the cases in question.

Highlights

  • The questions of the truth of knowledge are rooted in philosophy and the theory of cognition

  • The relevance of the study of the problems of truth in law is conditioned by the essential nature of man and his purposeful activity, including the sphere of legal regulation of social relations

  • The paper is devoted to the study of philosophical foundations of truth in law, the analysis of practical significance of obtaining truth in the procedural branches of law on the basis of analysis of the norms of the procedural legislation of the Russian Federation

Read more

Summary

Introduction

The questions of the truth of knowledge are rooted in philosophy and the theory of cognition. According to Part 2 of Article 12 of the Code of Civil Procedure of the Russian Federation, the court manages the process, and creates conditions for the comprehensive and full study of evidence and the establishment of factual circumstances when considering and resolving civil cases.

Results
Conclusion
Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call