ЗАГАЛЬНОНАУКОВІ ТА СПЕЦІАЛЬНОПРАВОВІ МЕТОДИ ДОСЛІДЖЕННЯ МОДЕЛІ ПЕРЕХІДНОГО ПРАВОСУДДЯ

Abstract

The article examines some general scientific and special legal methods that can be used in the analysis of the model of transitional justice. The author draws attention to the lack of a clear understanding of the methodological foundations of the study of the model of transitional justice, which significantly slows down the development of relevant theoretical provisions and practices of application of directions and principles in the transitional stage of our state. In view of this, in the framework of this article the author conducted a comprehensive analysis of general and special legal methods of studying the model of transitional justice. It is determined that the methods of studying the model of transitional justice should be considered as a system of means and methods of revealing the nature and essence, patterns of formation and development, philosophical and legal origins of the concept of transitional justice, as well as prerequisites for its application in some states. The following general scientific methods of research of the model of transitional justice are systematized: historical method, linguistic method, system-functional method, method of analysis and synthesis, methods of induction and deduction, synergetic method, dialectical method, method of forecasting and modeling. Among the special legal methods of research of the model of transitional justice are: formal-legal method, method of evolutionary epistemology, axiomatic method. The author finds that general scientific methods in the structure of the methodology of transitional justice research will be important because they are the foundation of the study and allow to reveal the nature of this model, characterize its socio-legal role and study the historical stages of formation. It is proved that special legal methods of scientific knowledge allow to analyze the normative-legal material on which the model of transitional justice is based, as well as to consider organizational and methodological features of directions and principles of transitional justice.