Legal methods of comparative research: the latest role in the conditions of globalization processes

Abstract

This article is devoted to the study of legal methods of comparative direction in the conditions of globalization. Special attention is paid to the question of the growth of the role of the comparative legal method, the methodology of its implementation, as well as the factors that determine the growth of its role. First, it was noted that after the Second World War, the generally recognized principles of international law were developed and written down in the UN Charter and other fundamental international legal documents. Acting as a product of customary international law, that is, as a result of the practice of civilized nations in relations between themselves and with societies, they have acquired a universal character, which puts them «at the top» of the world legal order. Such principles as respect for human rights, state sovereignty, territorial integrity of states have received universally recognized content. In many European states, they have «direct effect», acquiring a constitutional character. This means that a new phenomenon has been created within national legal systems, which really consists of a common archetype present in the constitutional system of every civilized state. The second, comparative law, is currently used as a tool for judicial investigation of a legal case, and therefore - the reasoning of a court decision. This approach is widespread in the practice of the highest courts of states and especially the European Court of Human Rights (ECtHR).
 After the Second World War, there was not a single significant legislative project that was not, to one degree or another, accompanied by extensive legal methods of comparative research. This approach should be reflected in the practice of reforms in Ukraine. It is important to emphasize that the comparative approach is characteristic not only for science, but also for law-making and law-enforcing bodies (courts). An adequate methodology of the comparative legal approach takes into account a complex understanding of the law itself (written and unwritten), as well as its broad social context.
 In addition, the change in the nature of international law, the creation in the last three decades of full-fledged regional legal systems, for example, the European legal system, as well as the strengthening of their interaction with national legal systems, necessitate the use of so-called «vertical methods» of comparative research.