legal proceedings

The symbolism of fair justice is associated with Themis holding the scales and weighing values and interests, facts and evidence, arguments and positions. The intellectual position of a lawyer and a judge is seen as a way to obtain a fair decision.

The author substantiates the content of the principle of mutual respect of an attorney and a judge in a trial. The author emphasizes certain deontological principles of mutual cooperation in the process of legal proceedings between an attorney and a judge.

The article examines the problems of argumentative practice in legal activity. The emphasis is placed on studying the requirements for speakers as subjects of the judicial process. The factors influencing the effectiveness of argumentation are determined, namely: communication skills and abilities, knowledge, ideas, the value system of the speaker, emotional and psychological state, social status and role in society. The influence of these factors on determining the tactics and strategy of argumentation and selection of arguments is indicated.

Taking into account the principle of competition on which the trial takes place, and also often decisive role in its human factor, consider specific features of the judicial reasoning, characteristic of each participant of the legal discourse. The exceptional accent is placed on the rhetorical aspect of argumentative practice, used in legal proceedings, when fully opened of the participants meaning in the process of solving the case.