Methodological Grounds of Research of Criminal Responsibility for Threat or Violence Against a Journalist

Abstract

The modern approaches to the methodological principles of research of threat or violence against a journalist have been analyzed. Different scientific positions onto mentioned problem have been studied. On the basis of this, a system of methods and means of scientific research has been defined and is represented by a set of rational ways, means and forms of thinking – from ignorance to knowledge, from assumptions to truth, from concrete to abstract, from individual to general, from phenomena to essence. While choosing research methods, first and foremost, the specifics of object of research have been taken into account. The set tasks have been completed on the basis of general philosophical, scientific and special methods. The abovementioned methods of scientific research have been used in conjunction consequently contributed to comprehensive analysis, grounding of theoretical conclusions and practical recommendations concerning criminal responsibility for threat or violence against a journalist. Following methods have been used: historical (for coverage of historical development of criminal responsibility for threat or violence against a journalist and defining consistent patterns of native criminal legislation development under the influence of foreign states’ legislation); comparative (for analysis of foreign legislation concerning responsibility for threat or violence against a journalist with regard to legal system type as well as defining similar, different, common and unique features in criminal legislation of Ukraine and some foreign states concerning responsibility for threat or violence against a journalist); dogmatic (or logic-juridical) (for identifying draw backs and studying possibilities for improvement of criminal legal norm on responsibility for threat or violence against a journalist); sociological (during questionnaire survey on problems of criminal responsibility for threat or violence against a journalist); system (at studying criminal responsibility for threat or violence against a journalist as single cohesive phenomena consist of separate components); logic-grammatical (for in-depth research of framework of categories and concepts of threat or violence against a journalist); system analysis
(at defying (as a result of analysis of elements, their features and characteristics, connections inside object for this object’s research as a single whole) of those essential general features that interconnects parts in a single whole); formal-legal
(in the framework of comparison of current criminal legislation norms and respective drafts as well as for grounding conclusions and propositions for amending or improvement of Art. 345¹ of Criminal code of Ukraine); logic-semantic and vocabulary definitions (for in-depth establishment of certain definitions of the topic of research and their peculiarities as well as for its conceptual construct explanation – more deeply and detailed legal science definitions and categories are made (shaped), more correctly and clearly relevant public relations could be regulated by legislation); dialectic (for securing scrutiny of interconnections of unities and opposites during research of criminal legal terms and categories onto responsibility for threat or violence against a journalist as well as for formation of conclusions and propositions on the topic of research); induction (based on formal logic deduction that make possible to receive general conclusion taking into account certain facts, it is possible to formulate a framework of categories and concepts of subject being analyzed); deduction (during detachment and characterizing of criteria of differentiation of criminal responsibility for threat or violence against a journalist); modeling
(for formulating variants of amendments to Art. 345¹ of Criminal code of Ukraine which make their influence to improvement of law enforcement practice in future).