Philosophical and Legal Understanding of the Concepts: Image, Icon, Image, Honesty, Reputation, Their Manifestations in Criminal Procedural Law
| Autor: | G. V. Sofronov, R. N. Kholstinin |
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| Rok vydání: | 2023 |
| Předmět: | |
| Zdroj: | Journal of Law and Administration. 19:3-14 |
| ISSN: | 2587-5736 2073-8420 |
| DOI: | 10.24833/2073-8420-2023-1-66-3-14 |
| Popis: | Introduction. The article presents an attempt for the first time, on the basis of philosophical and legal understanding, to use the concept of “reputation”, which is new for legal scientific circulation. Legal terms, including criminal procedural ones, arise as generic terms. That is, concepts are brought under a common genus, and then specific differences are distinguished. Philosophical categories, due to their universality, cannot be summed up under the genus, and, as a rule, act as a dialectical pair of opposites the thesis and antithesis. Such, for example, are the concepts of essence and phenomenon, necessity and chance, content and form. The complexity of introducing a new concept of reputation into scientific circulation lies in the fact that it does not have its own dialectical antithesis. A bad reputation is also a reputation. At a stretch, reputation can be opposed to discredit, but discredit is an action aimed at undermining reputation, and this is a transition to another kind. Concepts of this kind can be meaningful by analogy. As such, the authors chose the dialectical pair icon image, like foreign-language tracing papers from the Russian word image, which in the legal sense are reduced to reputation. Both that and another (both an icon and an image) are an image, but how different and even opposite are the meanings of these words. Moreover, initially the intentions of the authors were precisely linguistic (and not religious or marketing), and only then the words themselves designated the cultural area of their application.Materials and methods. The theoretical and methodological basis of the study was the hermeneutical approach to the analysis of the concept of "reputation". Methods of systematic, comparative legal analysis, special philosophical and legal research tools were used. The authors used examples from various areas of law criminal procedure, criminal, civil.Research results. Based on the results of the analysis, the question of trust is raised in relation to the procedural status of participants in criminal proceedings. The introduction of the concept of "reputation" as a legal category into legal circulation is proposed.Discussion and conclusion. In the form of a legislative novel, the presumption of good faith of a participant in criminal proceedings is formulated.Presumption of good faith:Everyone is considered conscientious and reasonable, until otherwise is proved in the manner prescribed by this Code and established by a judicial act that has entered into legal force.Everyone is not obliged to prove their conscientiousness and reasonableness. The burden of proving dishonesty, unreasonableness, abuse of right lies with the person who claims the opposite.All doubts about the good faith and reasonableness of a person that cannot be eliminated in the manner prescribed by this Code shall be interpreted in favor of the person whose reputation is questioned.Any procedural actions and (or) decisions of a state body or an official in the field of criminal proceedings, even based on assumptions, cannot be based solely on the fact that a person has a certain procedural status in a case under consideration or another. |
| Databáze: | OpenAIRE |
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