Scientific Doctrine of Criminal Procedural Law as an Instrument of Verification of Scientific Hypotheses
Abstract
Abstract. The article examines the verification function of the doctrine of criminal procedural law, which consists in checking scientific hypotheses for their compliance with the fundamental theoretical foundations of the science of criminal procedural law. The doctrine is considered as a dynamic mechanism for evaluating and legitimizing scientific knowledge, rather than merely a static system of established views, which ensures systemic integrity and continuity of scientific knowledge. The relationship between doctrinal verification and empirical testing is analyzed, and the priority of normative criteria over exclusively pragmatic considerations of effectiveness in evaluating scientific hypotheses is established, which is related to the very nature of criminal procedural law, its purpose, practice of formation and application, as well as significant substantive differences from other branches of scientific knowledge. Doctrinal verification is revealed through a system of criteria of compatibility, consistency, and teleological correspondence, which allow assessing not only the absence of contradictions with existing knowledge, but also the overall ability of a new hypothesis to integrate into the general theoretical system of criminal procedural law. It is emphasized that scientific hypotheses must comply not only with substantive doctrinal foundations but also with the qualitative characteristics of the doctrine itself, the main of which are argumentation, provability, and validity. The problem of the relationship between doctrinal conservatism and scientific innovation is investigated. The limits of doctrinal verification are determined taking into account the historical conditioning of the doctrine, its national specificity, and internal heterogeneity. Practical recommendations are formulated for the development of a differentiated system of criteria for doctrinal verification, the creation of mechanisms for institutionalized scientific discussion around controversial hypotheses, and the introduction of methodology for doctrinal substantiation in dissertation research.
Keywords: doctrine; criminal procedural law; verification; scientific hypothesis; legal doctrine; methodology.
Downloads
References
Dobrianska, N.V. (2025). The role of legal doctrine in the modern law-making process: scientific influence on the formation of legal norms. Kyiv Journal of Law, 3, 9-15. DOI: 10.32782/klj/2025.3.1
Kleshchenko, N.O. (2022). The role of legal doctrine in the formation of national legislation: current realities. Legal Scientific Electronic Journal, 6, 31-33. DOI: 10.32782/2524-0374/2022-6/5
Kostytskyi, M. (2020). Constitutional Court and legal doctrine. Doctrinal approaches in the activities of the Constitutional Court of Ukraine: collection of materials and theses of the scientific-practical online conference (pp. 25-28). Kyiv: Vaite. Retrieved from https://ccu.gov.ua/sites/default/ files/zbirka_28.10.2020.pdf
Maksymov, S. (2013). Legal doctrine: philosophical and legal approach. Law of Ukraine, 9, 34-54.
Nor, V., & Kaplina, O. (2022). The role of doctrine in ensuring the evolutive dynamics of criminal procedural law. Law of Ukraine, 1, 105-130. DOI: 10.33498/louu-2022-01-105
Panov, M. (2022). Legal doctrine and its significance for the practice of law-making, law enforcement and the development of legal science: methodological aspects of research. Law of Ukraine, 1, 9-22. DOI: 10.33498/louu-2022-01-009
Pohoretskyi, M.A. (2021). The concept of criminal process and its scientific and practical significance. Bulletin of Criminal Justice, 1-2, 28-51. DOI: 10.17721/2413-5372.2021.1-2/28-51
Rabinovych, P.M., Rabinovych, S.P., & Pankevych, O.Z. (2023). Scientific doctrine as a conceptual and methodological foundation for the implementation of international human rights standards in Ukraine. State Building and Local Self-Government, 46, 11-27. DOI: 10.31359/1993-0941-2023-46-11
Semenikhin, I.V. (2012). Legal doctrine: general theoretical analysis. O.V. Petryshyn (Eds.). Kharkiv: Yurait.
Semenikhin, I.V. (2009). Legal doctrine: concepts and features. State construction and local self-government, 18, 127-139. Retrieved from https://dspace.nlu.edu.ua/server/api/core/bitstreams/ 0238af9d-6c14-49e5-b822-f802712ec796/content
Starykova, S.I. (2018). Concept, features and current issues of legal doctrine. Current Problems of National Jurisprudence, 3, 47-51. Retrieved from https://apnl.dnu.in.ua/3_2018/12.pdf
Taran, O., & Shumeiko, D. (2025). Interdisciplinary methodology in research on problems of war crimes investigation. Science and Law Enforcement, 3(69), 52-59. DOI: 10.33270/0525693.5
Tepliuk, M., & Yushchyk, O. (2022). Legal doctrine of Ukraine: towards defining the concept. Law of Ukraine, 10, 59-69. DOI: 10.33498/louu-2022-10 -059
Yushchyk, O. (2021). Legal doctrine of Ukraine: relevance and scientific and methodological foundations. Law of Ukraine, 2, 13-28. DOI: 10.33498/louu-2021-02-013
Yevhrafova, Ye. (2010). Doctrines and concepts in the legal system of Ukraine: forms and spheres of application. Law of Ukraine, 5, 77-84.
Abstract views: 10 PDF Downloads: 4
Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.

