PRESUMPTION AS A PHILOSOPHICAL AND GNOSEOLOGICAL MEASURE
Keywords:
presumption, assumption, probable judgment, conclusion, philosop¬hical-gnoseological measure, philosophical and gnoseological levels, outlook, world view, cognition, conviction, postulate, inductive conclusion, descriptive and performative elementsAbstract
The study of legal literature shows that there are different approaches to the essence of the presumption, which is one of the most important problems in the development of the concept of a general theory of integration of sectoral approaches to legal presumptions. Within the framework of this article, the author tried to find ways to overcome this problem. For this purpose, the presumption in the work was considered at two levels: ontological and gnoseological. In particular, at the ontological level, the author discussed the question of how a presumption is formed and what it represents (the essence), and at the gnoseological level, what role it plays. As a result, the concept of a presumption was given as a philosophical and epistemological means, on the basis of which a study of the essence of legal presumption and the development of a general concept should be carried out.