Abstract:
На основі аналізу існуючих у сучасній правничій науці поглядів учених на зміст поняття
методологія права (правничої науки) та її структуру, обґрунтовано авторську дефініцію категорії
методологія дослідження правових актів, а також визначено її внутрішню будову.
Description:
On the basis of
the analysis of scientists’ views of existing in current legal science on the meaning of the concept of
methodology of law (legal science) and its structure, the author’s definition of the category methodology
of legal acts study has been substantiated, and its internal structure has been also determined.
The methodology of legal acts study is a set of theories (paradigms), epistemological principles,
approaches and methods recognized by the academic community at the current stage of the development
of legal sciences and determined by the subject of cognition, which provide the possibility of solving
certain research tasks, as well as obtaining reliable and objective knowledge about manifestation of the will of legally competent entities.
The paradigm of legal acts study consists of the provisions of the theories of legal activity, lawformation and law-making, sources of law, legal implementation and enforcement, interpretation of legal
rules, legal documents, legal behavior, legal facts, legal means, as well as legal regulation, recognized by
the academic community.
In the course of conducting a scientific study of legal acts, the author must be guided by the
following indisputable requirements:
1) universal epistemological principles: a) comprehensiveness and completeness, which ensures
the study of the phenomenon of legal acts not only in their interrelationship and interaction with other
related phenomena of legal reality, but also in all aspects that form a general vision of the studied
phenomena; b) historicism, which involves considering them not only in the modern dimension, but also
from the point of view of their past and foreseeable future; c) complexity, which allows considering legal
acts not only statically, but also dynamically – from the point of view of their action, functioning in the
mechanism of legal regulation of social relations, in the national legal system; d) legal polycentrism,
which requires the study of the phenomenon of legal acts taking into account the peculiarities inherent in
the Romano-Germanic legal family and the values on which European civilization is based;
2) epistemological principles of law, which a) reflect the dialectical relationship between the
process of cognition and law; b) indicate the ontological aspect of its existence (cognition is one of the
forms of existence of law); c) testify to the epistemological nature of all types of legal process as a form
of legal activity of actors of cognition of law, and above all, law-making actors; d) indicate the need for a
continuous process of identifying and understanding the laws of social development and translating them
into the language of legal principles and rules; e) reflect the dialectical relationship between the essence
of law and its cognitive function as a manifestation of such a function; f) testify not only to the existence
of a conflict between what social relations should be and what they are in reality, but also to the relative
permanence of this conflict, which can be exacerbated from time to time and eliminated through the
adoption of a new normative legal act; g) they emphasize humanistic principles of law, the idea of
human-centeredness; h) reflect the dialectical relationship between the process of cognition and the truth
as its result, which also has a moral and ethical assessment; i) indicate the presence of two cognitive-legal
paradigms of thinking and implementation of law.
