Methodological Principles for Ensuring the Participation of Persons During Criminal Proceedings

Abstract

The article discusses the methods used in the study of the problem of procedural support of the participation of persons in criminal proceedings. It is noted that procedural support of the participation of persons in criminal proceedings is a relatively new institution of the criminal process, and therefore requires in-depth scientific knowledge. It is the methodology of knowledge of law that gives a new perspective on the understanding of the essence of the procedural provision of the participation of persons in criminal proceedings. In this way, the methodology makes it possible to promote the development of the theory and practice of the implementation of law, including its transformation and improvement.

Considering the issue of the methodology of procedural support for the participation of persons in criminal proceedings, it was determined that it is advisable to use a multi-level approach, to a greater extent, general methods of scientific knowledge are used – analysis and synthesis, ascent from the abstract to the concrete, etc. (philosophical methodology); general for many sciences, interdisciplinary methods of cognition – system and organizational analysis, cybernetic, synergistic approaches, etc. (general scientific methodology); theory and methods of a specific science, field of knowledge; technique, a set of operations and procedures used in specific studies.

It has been established that the use of a system approach is widespread, which is based on the study of a certain object as a complete system that has an internal structure, is divided into constituent elements, and the task of the researcher is to determine their number, order of organization, connections and interaction between them. In our case, the institution of procedural support of the participation of persons in criminal proceedings is a rather broad concept and includes a large set of both coercive and non-coercive measures. That is why the use of the system method allows you to present your own classification of such measures according to various criteria.

It has been proven that the methodology of procedural support of the participation of persons in criminal proceedings plays a significant role in the perception of new changes in real modern criminal procedural policy. The methodology of knowledge and transformation of modern Ukrainian law, based on the results of previous criminal procedural studies, gives us a new perspective on the understanding of this phenomenon, its real essence. It includes a set of general scientific and special legal methods of cognition, which are used to one degree or another. The most common methods used during the study of procedural support of the participation of persons in criminal proceedings are induction, deduction, systemic, structural and functional.