ON THE CONCEPT OF EVIDENCE IN THE CONSTITUTIONAL LITIGATION

Abstract

Aim. To identify problems in the framework of the constitutional litigation caused by lack of clear legislative regulation of evidence: concepts, types, specifics of introducing and examining in relation to the said type of litigation the analysis of which will allow formulating the concept of "evidence in the constitutional litigation". Methods. For achieving the stated aims the historical method is used: theoretical approaches to the definition of "judicial evidence" in different periods of the institution formation are analyzed; comparative legal method: common features of the said institution in the existing types of litigation are identified, and also acting options of legislative regulation in other procedural fields of law are studied; systematic and structural: the legislative regulation of evidence at both federal and regional levels is analyzed. Results. Proceeding from the analysis of evidence regulation problems in the constitutional litigation on the basis of science-based approaches, as well as own conclusions, attitude to understanding of the term "evidence in constitutional litigation" is determined and conclusions about the necessity of its legislative definition and a clearer regulation of evidence-related issues are drawn. Scientific novelty. Scientific novelty lies in the historical study of the institution of evidence in the part of the notion definition, including the constitutional litigation, and in identifying the author''s understanding of the term "evidence in the constitutional litigation."