Գոհար Ադոնց 020
THE CONCEPT AND SIGNIFICANCE OF PRESUMPTIONS: THEIR PHILOSOPHICAL, LEGAL AND SOCIAL NATURE
GOHAR ADONTS
Investigator of particularly important cases of the General Department
for Control over Activity of Territorial Investigative Departments
Investigative Committee of RA, Applicant of PHD in department of
criminal law and criminal procedural law in Russian-Armenian (Slavonic) University
European University of Armenia, Faculty of international relations and law, lecturer
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ANOTATION: Presumtions give a person the opportunity to reveal human connections with the objects that exist in the reality around us, the relationship between a person and objects. Presumtions have accompanied our sociaty throughout history and their origins can be seen in customs and traditions. In human consciousness, some objects are inevitably correlated with others, sometimes also with heterogeneous objects, between which a certain connection is formed, and which is either causal or comparative in nature. When talking about the concept of presuptions, it is important to understand what the term "presumption" represents.
A number of scholars have referred to the definition of the concept of presumption, although its unequivocal definition is still not available in legal science. These definitions differ significantly from each other, but they also have certain common features. In the definitions given by almost all authors, the idea that a hypothesis is a conclusion or judgment based on empirical experience, which is recognized as reliable and true until it is not refuted, is crossed by a red line. Thus, any hypothesis is a generalization of the results of the experiment, through which the stable, often repeated connections between the facts, manifested in a certain period of time, are expressed. At the same time, since the hypothesis is not an undeniable fact, it is logical that there may be deviations from the above-mentioned stable connections, which are often observed in the case of a hypothesis.
Based on the generalization of the scholars definitions, the author presents a possible definition of presumption.
Presumption is a hypothethical assumption about facts or events with high probability, which as a result of long-term stable empirical experience is universally recognized as true and does not give rise to a reasonable assumption of the opposite, as well as facts or events that are considered true due to the absence of evidence to the contrary.
Key words` presumption, definition of presumption, hypothesis, definitions։