Methodological Bases of a Scientific Study of the Status of the Reserve Judge in Criminal Proceedings of Ukraine
Abstract
The methodological principles of scientific research of the status of a reserve judge in the criminal proceedings of Ukraine are determined. The appropriateness of using a set of scientific methods, the use of which aimed at ascertaining the essence of certain legal categories from the studied issues, is substantiated and substantiated.
It is noted that the issue of involving an investigating judge in the criminal proceedings is clearly one of the few developed in the modern criminal process, but very important for the theory and practice of democratization of Ukrainian society. In this regard argued that in the methodological plane it is also one of the few worked out, and overcoming this gap for the Ukrainian criminal procedural branch of knowledge is an urgent need.
For a comprehensive analysis of the place and role of a secondary judge in the criminal justice system, a wide range of general scientific, special and specific scientific methods of cognition is used.
The emphasis placed on the principled possibility of studying the activities of a reserve judge in a criminal proceeding from the standpoint of synergetic, since the judicial activity itself characterized by systematic, complexity, openness and dynamism. It is in this plane that the process of realizing its powers carried out by the reserve judge, which, in essence, is the subject of interaction (confrontation, movement) of elements of the system under the influence of factors of the environment.
Concluded that by reflecting the institution of the reserve judge in the context of the realities of modern Ukraine it is expedient to use a methodological, complex approach, which involves a combination of a number of philosophical (dialectical, anthropological, axiological, hermeneutic), special-scientific,
in particular, special legal (sociological, legal, historical-legal, comparative-legal, formal-dogmatic, etc.), general scientific (analysis, synthesis, induction, deduction, systematic, objectivity, etc.) of methods that will allow illumination Institute spare you the judge to show his integrity and versatility.
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