METHODOLOGY OF COMPARATIVE CRIMINAL LAW: NEW PARADIGMS AND OUTLOOKS

Abstract

The paper considers the essence of the methodology of comparative criminal law and its role in research. It is stated that the specificity of the methodology in the field of comparative criminal law is the use of a wide range of methodological tools that allow you to gain new knowledge about some objects or subjects, as well as supplement existing knowledge and es-tablish their systemic nature, logic and heuristics. The author pays special attention to compar-ative legal, historical, formal and logical methods of cognition, their specifics and role in con-ducting comparative criminal law research. It is noted that the methodology of comparative criminal law is a system of approaches, methods of scientific research, theoretic principles of their use in the implementation of theo-retical and cognitive legal activities in the field of comparative criminal law. It is concluded that the methodology of comparative criminal law should not be reduced only to the universal method of dialectical materialism and formal-dogmatic method of cognition, which have long prevailed in criminal law research. The methodology of comparative criminal law is a complex and multi-layered phenomenon, which covers a range of methodological approaches, meth-ods, principles, methods of comparative analysis, conceptual framework. Attention is drawn to the fact that modern comparative legal research in the field of criminal law promotes the use of non-legal methods. It is noted that the cognitive difficulties of comparative criminal law arise in many respects due to uncritical attempts to declare certain research methods legal. The use of methods not inherent in comparative criminal law leads to incorrect conclusions or failure to obtain the latter at all.