In the article, the author considers the methodology of researching the peculiarities of the establishment and development of the juvenile probation institute in Ukraine. It is indicated that the methodology of juvenile probation research should be based on a dialectical approach, which should be represented by the researcher’s rationalism, his ability to draw parallels between different points of view on the same phenomenon and single out the “core”, that can provide an opportunity to establish the universality of the studied phenomenon and its authenticity. From the point of view of dialectical materialism, juvenile probation should be investigated in the context of its effectiveness and timeliness within the existing development and mentality of Ukrainian society, with subsequent forecasting of its transformation over time. It is noted that the legislator’s perception of the forms and limits of human existence, the legal and social needs of the country’s citizens, gives him the opportunity not only to find ways to respond to any illegal actions of individuals, but also to warn them, correcting the deviant tendencies of the offender. That is why, considering juvenile probation through the prism of epistemology, it is possible to reproduce the symbiosis of sensual and rational, preserving the principle of humanism of criminal legislation and rationalism when working with a criminal offender. It is concluded that the methodology of the study of the peculiarities of the formation and development of the juvenile probation institute is a complex system of values, philosophical principles and guidelines on which the legislative representation of the phenomenon of juvenile delinquency and the single unified structure of humane interaction with deviant adolescents are based. To date, this methodology is almost no different from similar ones in the science of criminal law and has the main task of simplifying the process of researching individual phenomena with the subsequent integration of this kind of understanding into legislative initiatives and practices.

Key words: methodology, juvenile, juvenile justice, juvenile probation, criminal offense, criminal offender, criminal legislation, repression.

References

1. Shyshka, R. B. (2007), Organization of scientific research and preparation of master’s and dissertation theses: teaching manual, Kharkiv, 368 p.
2. Maksymuk, A. S. (2017), “Methodological principles of studying the guarantees minor suspects’ rights and their implementation during the pre-trial investigation”, Philosophical and Methodological Problems of Law, No. 1., PP. 76-86.
3. Rabinovych, P. M. (2008), Basics of the general theory of law and the state: teaching manual, 10th ed., Lviv: Krai, 224 p.
4. Kuchynska, O. P. (2012), “The concept of guarantees of ensuring the rights of participants in criminal proceedings”, Lawyer, No. 7 (142), PP. 4–8.
5. Hrytsenko, Ye.S. (2019) “Juvenile probation as a mechanism to combat juvenile delinquency”, Legal Scientific Electronic Journal, No. 2, PP. 184-186.
6. Zamorska, L. I. (2016), “Systemic approach in legal reality research”, Bulletin of the Southern Regional Center of the National Academy of Legal Sciences of Ukraine, No. 7, PP. 38–44.
7. Zvierieva, I. D. (2010), Social, pedagogical and psychocorrective work with minors sentenced to punishments not related to deprivation of liberty: methodological manual, 277 p.
8. Mahomedova, Ya., Milchevska, H. (2019), “Formation of juvenile offenders’ social activity in conditions of juvenile probation”, Problems of Education, Vol. 93. PP. 224-234.
9. Tykhomyrov, D. (2020), “Scientific methodological approaches during the study of state policy in the field of security”, Entrepreneurship, Economy and Law, No. 3, PP. 230-234.
10. Holina, V. V., Kolodiazhnyi, M. H. (2012), “Criminological policy of Ukraine: essence and prerequisites of its formation”, Issue of Crime Combating: collection of scientific papers, Kharkiv: Pravo, Vol. 23, PP. 53-63.
11. Honiukova, L. V., Kozakova, V. M. (2018). Research of state policies: methodology, procedures and European practices: monograph, Kyiv: NADU, PP. 15-16.
12. Pekhnyk, A. V. (2004), “Theoretical and methodological foundations of the study of political management as a system”, Actual Problems of the State and Law, No. 22 (82). PP. 423-430.
13. Kozych, I.V. (2013), “Policy in the field of combating crime and a systemic approach”, Proceedings of the international scientific and practical conference “Actual Problems of Criminal Responsibility” (October 10-11, 2013, Kharkiv), Kharkiv, PP. 619-621.