PHILOSOPHIC AND LOGICAL BACKGROUND FOR THE PRESUMPTION OF GUILT IN THE CIVIL RELATIONS
The research of the presumption of guilt in the civil law requires the study of philosophic, etymological and logical background. It is noted in the article that the etymology of word “presumption” originates from the Latin language. Although the complex study of this notion was done in the Roman law. The author reasonably notices that the presumption, being a general scientific notion, is used in different branches of learning and is not exceptionally a legal notion. In the article, the attention is given to the dialectical nature of the presumption, to the mechanism of its formation as of the mental construction. It is noted that a mandatory condition for the presumptions' formation is the existence of similar individual cases which are the source for making a conclusion that would spread onto similar cases in the future. The author comes to the conclusion that the philosophic and logical nature of the presumption of guilt provides for its high-probability character and the opportunity to destroy it.