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The Necessity of Court Cognitive Activities in Regulation of Civil-Legal Controversies

Author (s)

Boltuyev Samad Sharifboyevich

Abstract

The article dwells on one of the actual issues concerned with the theory of proving in the process of justice effectuation; the former seeming to have got its solution in the functioning civil legislation of the post-Soviet period of Tajikistan state independence formation. Being one of the representatives of the scientists` association keeping to the non-traditional theory of proving since the Soviet period of the history of juridical science development‚ the author‚ proceeding from the assumption of systemic approach to the study of the problem in question‚ makes an endeavour to determine the notion and essence of cognition in unified process of the truth ascertainment by regulation of civil-legal controversies. Though legislation encumbers the very litigant parties themselves with a burden of proving the grounds of their positions‚ still in court assigned for effectuation of its competence in carrying out justice and powers it is authorized with «being on courant». i.e.‚ it should implement cognitive activities.

Keywords

court‚ legal controversy‚ cognition‚ the truth‚ proving‚ subjects‚ powers‚ proofs‚ legal consequences‚ sanctions‚ authenticity‚ legitimateness‚ justice

References

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