Понятие методологии науки уголовного права и методологии уголовного права как отрасли

Abstract

The methodology of criminal law science is a combination of such methods of research and transformation of objective reality, which, on an algorithmic and, if necessary, on a non-algorithmic basis, are able to ensure the resolution of social contradictions that give rise to crime using the achieved level of knowledge and taking into account general scientific, philosophical, criminological and criminal law patterns of development of the studied phenomena. The methodology of criminal law science can be presented in two forms: as a set of various methods and other means of cognition and formation of criminal law formations connected with each other, and as a subject of studying the theory of criminal law. In the latter case, criminal law appears as a social instrument that embodies the legal mechanism for regulating a certain group of social relations, conditioned by the results of scientific research. Therefore, the methodology of criminal law science should not be completely identified with the methodology of criminal law, which is more voluminous. If the methodology of science is aimed at identifying the means and methods of studying and creating criminal law formations, then the methodology of criminal law as a branch of law includes those means and methods of influencing the behavior of subjects of public relations that have already found legal embodiment in the mechanism of criminal law regulation in the legislation. It is necessary to reckon with the fact theoretically, criminal law is not only an object of knowledge and formation, but also an operating tool in the system of social relations.