| Issue |
SHS Web Conf.
Volume 55, 2018
International Conference on Advanced Studies in Social Sciences and Humanities in the Post-Soviet Era (ICPSE 2018)
|
|
|---|---|---|
| Article Number | 02011 | |
| Number of page(s) | 5 | |
| Section | The Era of Transformations: Society, Law, Politics, and Communication | |
| DOI | https://doi.org/10.1051/shsconf/20185502011 | |
| Published online | 14 November 2018 | |
The principle of objective truth in law
Kuban State Agrarian University named after I. T. Trubilin, 350044, 13 Kalinin str., Krasnodar, Russia
* Corresponding author: nembulaeva@mail.ru
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.
© The Authors, published by EDP Sciences, 2018
This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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