Logical (Mental) Part of the Knowledge of the Truth in the Constitutional Court Process

Abstract

The article is devoted to the topical low-researched issues related to determination of the essence of logical (mental) part of the knowledge of the truth in the constitutitonal court process. Particular attention is drawn to determination of the general principles and differences of the philosophical and functional specificity of the logic of assessing evidence in the activities of the body of constitutional jurisdiction in protecting human and citizen’s rights and fundamental freedoms. The teoretical basis of the research are the works of domestic and foreign scholars in the fields of philosophy and constitutional law, as well as acts of the domestic constitutional jurisdiction body. The purpose of the research is to determine the philosophical and legal dimensions of the logical (mental) part of the knowledge of the truth, including the assessment and use of evidence, in the constitutional court process and their impact on the adoption of a fair and well-founded judicial decision. According to the results of the research, the author provided for certain conclusions, which present scientific novelty and are the following: firstly, given the basic theoretical doctrine of epistemology, as a branch of philosophy, which studies the problems of the nature of knowledge and its capabilities, the main task of the process of judicial evidence, which takes place in logical forms, is its authenticity and the truth; secondly, one should attribute to the peculiarities of the philosophical and functional specificity of the logical (mental) part of the knowledge of the truth in the constitutional court process, including the study, assessment and use of evidence in resolving issues of constitutionality of laws and other legal acts, first of all, the application of classical evaluation of the true values of information received by the Court, each of which is one of two values – «true» or «false»; thirdly, proceeding from the concept of philosophical monism, according to which the relationship of phenomena is the most common pattern of the existence of the world, the essence of dialectical and formal logic and other categories of science of the philosophy of law in proving in a constitutional court process is to determine these connections under the conditional scheme «the constitution – the law – the by-law – an individual».