| Article | Doctrine of Signs as a Methodological Basis of the Theory of Evidence |
|---|---|
| Authors |
Bocharov D.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 4 / 2014 |
| Pages | 166 - 173 |
| Annotation | The article considers current state of the theory of evidence as a local paradigm in normal science, its problems and prospects in this status, possibilities of paradigm correction through more precise definition of notions on the object of the theory. The doctrine of signs is suggested by the author as a «configurator» of knowledge about legal evidence. The doctrine of signs is considered not as a standalone methodology but as a methodological foundation, based on which various approaches can be built. As optimum for application within the frames of the Theory of Evidence the author proposes three-element model of sign, which demonstrates functional dependence of such evidences characteristics as «relevance», «admissibility» and «credibility». The author demonstrated the possibility of other understanding of factual data notion. Factual data is proposed to be considered as prerequisites for evidence formation, which require development and legal registration. The possibilities of reaching beyond the frames of the Theory of Evidence to practical activity area are outlined in the article. |
| Keywords | doctrine of signs, semiotics, legal evidence, structure of the sign, structure of the evidence, efficient methodology, evidencing activity. |
| References | |
| Electronic version | Download |