Issue of Truth in Legal Science and Practice

The article is devoted to consideration of the most significant theoretical aspects of truth in legal science and practice. The author provides analysis of condition of elaboration of topic as truth in sciences of legal theory and philosophy, critical evaluation of truth characteristic as legal quality (legal norms). It is underlined that as an object of cognition, truth is objective one. Therefore in social and legal reality it is necessary to find (discover) truth, but not to declare it at the discretion of investigators.
Issue of in law (norms) or scientific cognition’s movement to it can be completely solved, if this cognition will achieve result which, according to the article, must be incontestable right of cognition. Now it is too early to make conclusion as for serious in elaboration of such topic as truth in scientific science. Today there are certain elaborations concerning this issue. In these elaborations important steps were made on the way of its philosophic and legal understanding of «what is truth in law?» From the point of view of separate scientists, truth in law is one of objective characteristics of legal norm, where its essence and development direction, as well as degree of its ability and form to be reflection of reality, are expressed. It is impossible to agree
with such position. Firstly, eventually aim of cognition is establishment of truth which cannot be determined as a characteristic of kaw or its norms. Secondly, it is doubtful to consider truth in law to be a characteristic. We consider that it reflects subjective position concerning its perception. Besides, it is incorrect to refer truth to intellectual part of contents and form in law, since in this case process of its cognition is confused with the truth. The last one is beyond this process and for some time is unknown for the subject of cognition. Truth is an objective category and is the result of scientific cognition. The article provides critical analysis of views that truthfulness of legal norms consists in their accordance to state will. Only truthful norms correspond law. Ascording to such position, law consists of at least two typical legal norms: truthful and false. But the first ones. As well as the second ones. Must be executed by all without distinction subjects of legal relations. Incorrectness
of this point of view is presented on the examples of current legislation of Ukraine and court practice. While establishment of truth in law it is important to determine how adequate it must be concerning a thing that is recognized in law (laws) as social justice, freedom, equality for each member of society. The essence of social value of is in this fact, as it is underlined in the article. Otherwise, any sense to reveal truth in law (laws) and consider it to be such a value is lost. But, under all circumstances where development of law and state is held, priority pertains to law, as instant implementation of its rule into social life. The author of the article considers truthfulness of ideas of gradual «regression» of law and state. Unlike them, it is emphasized in
the article that law and state are significant achievement of human civilization. Therefore, theories or other thoughts concerning their regression and substitution by so-called «bodies and rules of communistic self-government» at least can be referred to some sort of social utopia. The author of article supports scientific position that humanity does not have another way to solve global problems and complications, which threaten with severe consequences for people, and to put contemporary law into the centre of their life. There is a rhetorical question: does truthfulness in law assignment consist of this?