Ապացուցման ֆորմալ միջոցների մեթոդաբանական հարցերը/Methodological Issues of Formal Means of Proof

<jats:p>The article discusses the issues of establishing certain facts by means of a formal means of proof, a legal presumption, as well as the place and role of formal means of proof in the proof process, the ratio of formal means of proof and factual means. In the context of the applicability of the legislative definition of proof, its impossibility is documented when proof is carried out using formal means of proof, since in this case no evidence is collected, verified or evaluated. The article criticizes the legislator's approach that well-known facts are legal presumptions, since, as presented in the article, the legislator speaks about disputing the reliability of the facts defined in Part 1 of Article 106 of the RA Criminal Procedure Code, while the provisions on legal presumption are not about an existing fact, but about an assumed fact, with the exception of a well-known fact, which has nothing to do with a legal presumption. In light of the conclusions presented in the article, it is proposed to implement appropriate amendments to the RA Criminal Procedure Code in order to correct a number of methodological errors, and until then, it is proposed to interpret the norms in question in the version specified in the article. Keywords: legal presumption; proof; formal means of proof; proof-argument; fact.</jats:p>