Year: 2024
Type: article
Abstract: The article critically analyzes the forecasting method as a means of understanding the development of criminal procedure law and criminal procedure legislation. The relevance of his study is due to the extremely inconsistent development of criminal procedure legislation, the unsystematic nature of many of his novels, which raises the question of the consistency of the scientific justification of legislative activity and the effectiveness of interaction between the legislator and the scientific community. The author's position is based on the strict scientific nature of predictive activity in the legal field, accordingly, the concepts of the development of Russian legislation published under the auspices of the Institute of Legislation and Comparative Law under the Government of the Russian Federation became the subject of study. Along with them, the theoretical basis of the study was the work of Soviet, Russian and foreign authors who studied the phenomenon of forecasting, including legal forecasting, as well as the works of process scientists leading knowledge in this field. The system of research methods consists of methods of analysis and synthesis, inductive and deductive methods, historical and legal, comparative legal methods. As a result of the study, it was concluded that there are no scientific criteria that should be applied to the forecast of the development of legal phenomena. The conclusions formulated the requirements that the scientific forecast of the development of industry legislation should meet.
Source: Baikal Research Journal
Author: Alexander Divaev
Institution: Federal Penitentiary Service
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411432811