METHODOLOGICAL AND THEORETICAL FOUNDATIONS OF THE STUDY OF PRINCIPLES OF LAW (FOR EXAMPLE, CRIMINAL PROCEDURE LAW)

Purpose. Under conditions of development of the rule of law, the constitutional principles of law in criminal procedure acquire fundamental importance because they determine the values and rules of conduct of legal subjects. Despite the fact that all participants of public relations understand the high value of principles of law, their legal enforcement potential is not fully realized as a practical matter; therefore, it is necessary to continue research in order to identify their institutional failure in time. Methodology and Approach. In this article, the basis of the analysis of the general legal (constitutional) principles of law are the methodology of systems analysis, normativism, and the theory of the rule of law. Results. The methodology and theory of system analysis, normativism, and the theory of the rule of law allowed us to deeply explore such principles as legality, competition, and the presumption of innocence and respect for the honor and dignity of the individual. The principles under study are methodological and systemic in their legal nature. They find positive implementation in the basic law of the state as a whole and in criminal procedure law. Originality and Value. Principles of law are always a topical subject of research because the evolution of society is accompanied by a change in the value attitudes of participants in social relations and, consequently, a change in the principles of law. In legal science, various methodological and theoretical concepts are used to study the principles of law. Various interpretations of legal scholars are associated with the clarification and development of the principles of law. The article is recommended for students in the field of law, teachers, and everyone interested in the theory of state and law.

research methodology, principles of law, principles of criminal procedure law, the legal state, civil society