Open AccessTheoretical Tools for Studying the Phenomenon of the Influence of the European Court of Human Rights Practice on Legal Activities in Ukraine
Author(s) -
В. А. Завгородній
Publication year - 2019
Publication title -
vìsnik lugansʹkogo deržavnogo unìversitetu vnutrìšnìh sprav ìmenì e.o. dìdorenka
Language(s) - English
Resource type - Journals
eISSN - 2707-7322
pISSN - 2524-0323
DOI - 10.33766/2524-0323.85.20-30
Subject(s) - legal science , objectivity (philosophy) , legal practice , legal research , epistemology , interpretation (philosophy) , dialectic , phenomenon , jurisprudence , human rights , sociology , law , empirical legal studies , humanism , engineering ethics , political science , computer science , engineering , philosophy , programming language
In this article, the existing approaches to general theoretical jurisprudence have been studied to understand the concept of «methodology» and its structure, on the basis of which the methodology of the European Court of Human Rights practice research and its influence on legal activity in Ukraine is determined. In the opinion of the owner, the most suitable for solving our research tasks is an approach in which the methodology of legal knowledge includes methodological tools and other designs, logically distributed by the conceptual and instrumental levels.As a result, the study found that the theoretical toolkit for the study of the phenomenon of influencing the practice of the European Court of Human Rights on legal activity in Ukraine are: a) universal epistemological principles (comprehensiveness, completeness, historicism, objectivity), which are the imperative requirements that guided the researcher; b) human-centered and sociological methodological paradigms that are interconnected, do not contradict and complement each other, as well as the provisions of the theories of legal influence, legal regulation, legal practice, law-making, legal interpretation, enforcement, legal relations, which became the basis for the formulation of research problems; c) anthropological, complex, dialectical, synergetic, axiological approaches, by which the strategy of scientific intelligence is determined, its specific perspective, selection of investigated facts and interpretation of research results are carried out; d) general scientific and special methods of cognition that ensure the receipt of true scientifically sound knowledge about the subject of research.