Methodological basis for criminal procedure researches

Abstract

Modern criminal procedure science contains many outstanding issues, both theoretical and methodological. To date, the methodology of criminal procedure research, and in general the whole of criminal procedure science, remains unrecognized. Most procedural scientists have little focus in research, both in the object and subject of the study, and in the methodological basis. The main difficulties are caused by incorrect understanding of the methodology of the study. The existing in the field work of criminal procedure confirms not only the narrow approach in the understanding of methodology, but also the error in the interpretation and application of scientific knowledge methods. This situation is mainly based on the lack of formalization of methods of criminal procedure science and limited intra-scientific reflection. In this regard, it is necessary to reassess established methodological values and traditions and to offer a reasoned view of the methodology of criminal procedure science. The article provides an idea of the methodology of science and undertakes a critical analysis of the methodological basis of research in criminal procedure science. As a result of the audit, the author’s proposals are formulated on the universal scheme of methodology and system of methods of criminal procedure study, as well as the logical stages of criminal procedure study. The author concludes that it is necessary to understand methodology as a way to obtain scientific knowledge, as a result of intrascientific reflection on the organization of their own scientific activities, the universality of popular and private scientific methods of research and their replenishment by criminal procedure science. In addition, the conclusion is made on the scientific nature of the criminal procedure field of knowledge. The proposals in the article may form the basis of further developments in the field of criminal proceedings and may also serve as recommendations in the formulation of the methodological basis for research.