TO QUESTION ABOUT METHODOLOGY OF PRIVATE SCIENCES: (CRIMINAL LAW, CRIMINAL PROCEDURAL LAW, CRIMINALISTICS, FORENSIC EXAMINATION)

Abstract

Problem setting. Modern methods cognitions that are formulated in the different branches of legal science, as a rule, are based on a dialectical method. In legal literature research of private methods of cognition and their connection with a dialectical method presented fragmentary, what determines actuality of their consideration.

Analysis of resent researches and publication. The separate questions of research of dialectical method and its connection with the methods of private sciences we find out in works of such scientists as: R.S. Belkin, P.V. Kopnin, А. M. Larin, I. М. Luzgin, А. А. Starchenko, М. S. Strogovich and other.

Target of research. The aim of the article is research of intercommunication problem of dialectical method with the methods of private sciences.

Article’s main body. In the article the concept of "methodology" is considered as a method of cognition and its intercommunication with the methods of private sciences. Attention on erroneous approach and mixing are accented in scientific literature of logical categories with the categories of dialectics, that entails the wrong constructing of methods of separate sciences of criminal cycle. Absence of exposition of dialectical method is marked as a method of cognition in the textbooks of criminal procedure and short interpretation of the last in textbooks criminal law. The methods of criminalistics and their connection are considered with a dialectical method. An analysis over of scientific and educational literature is brought with criticism of the existent going near interpretation of separate categories of dialectics.

The point of view is argued about cognitive character of investigation of crimes with pointing of specific of cognition. In the article specified, that on the gnoseological nature cognition at investigation identically to cognition in general.

Conclusions and prospects for the development. Consideration of methods of cognition allows paying attention to researchers to the theory of criminal law, criminal procedure, criminalistics and judicial examination necessity of consideration of problems of science methodology, cooperation of categories of dialectics with the methods of separate scientific industries and directions. It can assist determination of conception of methodology of separate sciences.