Phenomenological Description of Proof Procedure in Court Proceedings
Based on a phenomenological description of the nature of procedural thinking the author consistently justifies the thesis that court proceedings include both logical formalizations and subjective factors. Litigation is mediated by various subjective attitudes. In particular, the article discusses the subjective aspects of the expert's work and the evidence-building process by the investigator. The algorithm of the forensic expert's actions using interrelated models is also presented. In the conclusion, the key role of the court in the process of proof is noted with the emphasis on the study of subjective factors influencing the decision-making process in court proceedings. Knowledge of these factors creates prerequisites for the elimination of errors in sentencing or release from punishment.