Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Верстка Криміналістика 2019 6.05. 35 48 Завантажень: 0, розмiр: 356.1 KB

DOI: https://doi.org/10.33994/kndise.2019.64.01

I. Kohutych

Some aspects of the philosophical ground of forensic science as a world-view basis of its general theory and methodology are specified in the article, as well as certain provisions of the prospects of “Philosophy of criminology” are given. The author supports the idea that this particular form of scientific and forensic cognition is the only possible solution and localization of most of the methodological problems of criminology, without which it risks disappearing as a science. The analysis of literature states that in modern conditions the role of philosophy as a scientific and methodological outlook is inevitably increased. And this, in turn, is the basis of the integration of sciences, the basis for comprehensive research on topical issues of modern practice and cognition. Being a science about the general laws of nature, society and human thinking, philosophy serves as a basis for building a separate scientific methodology, including such a variety as the general theory and methodology of criminology. Here philosophy carries out not only a special ideological function, which criminalistics does not have, but also a function of the philosophical method of cognition. It is also justified to assume that without reference to philosophical categories it would be impossible both the formation of forensic science, and its further improvement in the sense of formulating their own categories, that is, the most general concepts, in which, in general, the quintessence of the content of a separate branch of scientific knowledge is concentrated.

According to “The procedure of training applicants of higher education for the degree of doctor of philosophy and doctor of sciences in higher educational establishments (scientific institutions) these applicants in Ukraine will be called “doctors of philosophy”. In addition, the educational – scientific program should include the component which provides for the acquisition of such competence in accordance with the National Qualifications Framework, as “… mastering general scientific (philosophical) competencies aimed at forming a systemic scientific views, professional ethics and general cultural outlook. Therefore, this aspect does not only justify, but inexcusably argues the need for scientific assimilation of philosophical categories by future lawyers, including the highest scientific degree”.

One way or another, future lawyers, especially criminologists, must be aware of the reasons that led to the emergence and development of criminology; the factors that determined its methodological foundations and place in the system of scientific knowledge, in particular, in the system of criminal-law sciences; its tasks, social functions, the ways and mechanisms of their realization (in their philosophical comprehension).

In addition, the elimination of the so-called in the literature ground of the “idea of ​​crisis” which leads to allegations of the need to change the “forensic paradigm”, the departure from the traditional forensic theory and methodology, could also be possible, to a large extent, due to the philosophical aspect of securing the active and progressive development of criminology, taking into account the preservation and respect of the traditions of forensic science, as well as the criminologists who created it.

Key words: general theory, methodology, criminology, philosophy.