PROOF IN THE CONSTITUTIONAL COURT PROCEEDINGS IN THE CASE OF PROTECTING THE RIGHT TO FREEDOM AND PERSONAL INVIOLABILITY

Abstract

The article is devoted to actual, but little-studied issues related to the formation of evidence base of the decisions of the Constitutional Court of Ukraine in matters concerning the protection of the right to liberty and personal integrity.

The author pays special attention to the definition of the philosophical and legal content of the concept and methodology of evidence in the constitutional court process, which is characterized by the existence of a set of certain methods of knowledge, that is, scientifically determined and practically tested rational methods or systems of methods for obtaining the required amount of knowledge for making an objective and reasonable solution.

According to the results of the study, the author made the following conclusions:

Ensuring the freedom and personal integrity of a person, guaranteeing his rights and legitimate interests, the introduction of state power in the constitutionally defined boundaries of its functioning is the original philosophical and legal doctrine of constitutionalism as the underlying basis of domestic constitutional jurisdiction.

Proof in the constitutional court proceeding, including in cases concerning the protection of the right to liberty and personal integrity, is subject to general epistemological laws and, above all, is the intellectual intellectual and analytical activity of judges regarding the knowledge and assessment of doctrinal positions, the Constitution, laws, acts international law, etc.

Despite the fact that the KSU was formed according to the European («Kelzen’s») model, the ideological content of the domestic constitutional court process is not oriented exclusively on the concept of dogmatic, positivist understanding of law.

The philosophical and legal content of Proof and evidence in the domestic constitutional court proceeding in matters concerning the protection of the right to liberty and personal integrity is determined by the doctrines of the ideology of modern constitutional law, which is the system of the most general and deep in the content of the postulates on the origin, formation and functional purpose of the constitutional judicial proceedings as a branch of constitutional law and constitutionalism in general.

The decisive factor among the evidence in this process is the evidence obtained through judicial logic, that is, the special component of legal logic, the subject of which, in turn, is the judicial substantiation (judicial proof), and the forensic analyst – intellectual, logical and thoughtful activity , aimed at solving practical problems