METHODOLOGICAL BASIS OF THE RESEARCH OF LEGAL ALGORITHMS

Abstract

INTRODUCTION Disclosure of the essence and legal nature of legal algorithms, and technologies of legal activity is connected with the necessity of establishing clear methodological tools, defining terms, concepts and categories of application of which will ensure the completeness, and comprehensiveness of their scientific comprehension. Correct methodological planning of the principals of the research is the key to a consistent study of the problem identified, the achievement of the goal and the fullest disclosure of the tasks set. P.M. Rabinovich, defines the methodology of legal science (in the narrow sense) as “a system of approaches, methods and approach of scientific research, a theoretical basis for their use in the study of state and legal phenomena” 1 . In her turn, N. Onishchenko, analyzing the methodology of the theory of state and law, noted that the latter, being a systematic set of special cognitive methods, means, methods of studying the state and law, laws of their origin and development, is based on certain, inherent principles of research state and legal reality 2 . S.S. Slivka indicates, that “under methodology should be understood to have acquired settings, formed views, a certain point of view and, in general, and a worldview that can be implemented using certain methods, approaches and means” 3 . Particular attention should be paid to the definition methodology of state theory and law, formulated by O.F. Skakun: “it is a system of general approaches, principles, methods, and means of knowing the law and the state, realized on the basis of knowledge about the laws of their application,