Aхiological Component of Evidence in the Constitutional Court Process

Abstract

The article is devoted to the topical low-researched issues related to the definition of the essence of the axiological component of evidence in the constitutional court process and its role in adopting a just and reasoned decision in the case. The theoretical 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. The purpose of the research is to determine the basic fundamentals and principles of applying the methodological tools of axiology as a branch of science of philosophy of law when forming the evidence base in the constitutional court process as the basis for the adoption of a just and reasoned decision of the constitutional jurisdiction body. The scientific novelty of the publication is in the fact that the author for the first time conducted a comprehensive study of issues related to the axiological component of evidence in a constitutional legal process. Thus, the materials presented in this article are, in fact, the first scientific study of axiological philosophical methods of obtaining, evaluating and using evidence taking into account the specifics of legal proceedings in the bodies of constitutional jurisdiction. According to the results of the research, the author conclusions that: firstly, the concept of «universal values» as a philosophical and legal category and a social phenomenon reflects certain aspects of the phenomena of reality, associated with the social and cultural activities of individual and society. These, as well as the issues related to the selection by people of the area of their activities and the nature of their actions are researched by philosophical doctrine – axiology; secondly, there is no unambiguous approach to the definition of the concept of «value» in the science of the philosophy of law. As a rule, fundamental values of constitutional level include freedom, responsibility, equality, human and citizen’s rights and fundamental freedoms. These values are in any time and space, and natural law reflects their universal set; thirdly, the axiological component of the evidence in the constitutional court process is to determine the degree of conformity of the subject of the research of the essence of universally recognised in the society constitutional values, in particular, in the context of their implementation and protection, based on the philosophical foundation of constitutional axiology. In a modern democratic, law-based and social state the system of constitutional values is based on the principle of organic combination of traditions, customs, mental criteria of culture, morality and religion along with the internationally recognised principles of the relationship between the individual and society (in the form of the state and civil society institutions).

Keywords: axiology; civil society; evidence; state; universal values; freedom; justice.