THE SOCIAL VALUE OF THE DISCUSSION ABOT THE EPISTEMOLOGICAL FUNDATIONS OF ESTABLISHING THE TRUTH IN A COURT CASE

Abstract

The development of the state system in our
independent Ukraine has been going on for almost
30 years. In parallel with the development of social
relations, the transformation of individual branches
of power, their construction and internal
organization is carried out. Perhaps the most
radical, and with the frequency of changes in the
political leadership of the country, there are also
changes in the judicial system. This frequency has led
today to a state where the previous stage of
development of the judiciary has not yet been
completed, and the new one is already beginning its
new construction, which leads to conflicts in the
structures being created and the determination of the
foundations and goals of their activities. It also leads
to a conflict of legal norms adopted to ensure their
activities.
Revision of the basic principles of social
structure and the development of social institutions
requires scientific justification and involvement in
the process of development of society and scientific
thought, which, in turn, cannot, by its nature, be
instantly presented in response to every change in
society, or to political preferences, or to fundamental
changes in the principles of functioning of branches
and authorities. Science needs time, science needs
discussion, science needs the opinions of researchers
to form concepts and present generalizations and
conclusions.
All of the above also applies to the principles of
judicial proceedings, justice and the principles by
which each individual judge of the judicial branch of
government will make a decision in a separate case.
At the same time, perhaps the most important in this process remains the issue of its perception by society, the development of society's trust and support.
Key words: truth, objective truth, formal truth, theory of proof, purpose of judicial proceedings.