SCIENTIFIC APPROACH TO LEGAL MONITORING IN UKRAINE

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Published: Dec 3, 2021

  Ihor Onyshchuk

Abstract

Monitoring is a continuous supervision, regular monitoring of events and of the status of an object, and evaluations of its individual parameters with the purpose of studying the dynamics of occurring processes, forecasting certain events and preventing adverse events.Varieties of momitoring are environmental monitoring, synoptic monitoring, legal monitoring, ets. Attracting scientists to legal monitoring is required to reduce the abuse of legislative power, to provide the objective assessment of activities of public authorities and to avoid subjective approach. The purpose of legal monitoring is to inform the society about possible consequences of adoption of normative legal acts that may affect their interests and to involve the general public in the process of making legislative decisions at an early stage. The law-making process combines the speci c activity of the competent state bodies and public associations, scienti c organizations, which covers the system of actions on preparation, approval and of cial publication of normative legal acts. This approach is a set of methods, techniques, considerations, exposure and attitude towards anything and anyone. Scienti c approach is characterized by the scienti c goal of the study and the use of scienti c apparatus. In contrast to the ordinary knowledge the scienti c knowledge is the product of specialized, professional forms of human activity, which implies the existence of a special purpose, and the application of scienti c methods to everyday knowledge. The methodological requirements for scienti c knowledge (and, correspondingly, social expectations) have to be objective, evidencebased, accurate, fundamentally critical, and focused on the adequate perception of the reality. Scienti c knowledge is theoretical and conceptual in nature, as is the knowledge of universally valid and necessary things. If ordinary knowledge is, as a rule, the statement of phenomena, external communications and relations, scienti c research is focused on the study of laws with an aim to  nd a new one, hence its high explanatory and predictive nature, and the system of organization. A decisive role in the construction of any scienti c work is played by methods. According to A. Novikov and D. Novikov, methods are divided into empirical and theoretical. Empirical methodsoperations include reviews of pertinent scienti c literature, documents and results of activities, observation of measuring surveys (oral and written), expert assessment, testing, object tracking, survey, monitoring, study and generalization of experience; experimental work, experiment; research methods of an object in time: retrospective, forecasting. Theoretical methods include analysis, synthesis, comparison, abstraction, concretization, generalization, formalization, induction, deduction, idealization, analogy, modeling, experiment, imagination; methods: dialectics, practice-proven scienti c theory, evidence, method of analysis of knowledge systems, deductive (axiomatic) method, inductive-deductive method, detection and resolution of con icts, de nition of problems, construction of hypotheses.

How to Cite

Onyshchuk, I. (2021). SCIENTIFIC APPROACH TO LEGAL MONITORING IN UKRAINE. Baltic Journal of Legal and Social Sciences, (3), 38-44. Retrieved from http://www.baltijapublishing.lv/index.php/bjlss/article/view/1400
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