1-тақырып. Жалпы ережелер
Formal-logical method of knowledge
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Даристер жинагы (1)
- Бұл бет үшін навигация:
- The dialectical method of knowledge
- Special methods of cognition
- Comparative method
| Formal-logical method of knowledge is the basis for the interpretation of the law.
Formal-logical interpretation of the law is an explanation and clarification of the meaning and content of the law with the help of the laws of thought. It consists of different techniques: logical deduction (ie, logical reasoning, in which particular provisions are derived from common) number of legal consequences of the prescriptions of the law; interpretation "by contradiction"; Finally, from smallest to largest and vice versa. In the study of anti-corruption legislative-ment exercise of formal-logical interpretation is necessary because the language of the presentation of the legal norm has a high specificity. This specificity is due to the complex categorical and conceptual apparatus and a high content of the terms. The dialectical method of knowledge allows it to penetrate into the essence of phenomena on the basis of the general laws of motion and development of the material world, nature, society and thought. For example, corruption is known as a social negative phenomenon since XXIV century BC. In Kazakhstan, the concept of "corruption offenses" in the Criminal Code was first introduced only in 2014 with the adoption of the July 3 of the new Criminal Code of the Republic of Kazakhstan. This is due to the long length of the dialectic of time the legislative process, perception of terminological designation phenomenon known to mankind for more than four thousand years. Special methods of cognition, as mentioned earlier, include industry practices and legal science. These include methods: Comparative (comparing one method of registered legal institutions, the categories of basic principles within the legal systems of different states), statistical, sociological and others. Comparative method allows to identify the most effective ways of legal regulation of relations connected with the implementation of anti-corruption policy leniem. For example, in some countries in the education system there are no corruption offenses. The study of legal experience of such countries is beneficial for the development of anti-corruption measures in their own country. For example, in Japan, the phenomenon of corruption in institutions and educational institutions does not take place. The study of this phenomenon showed that Japan is a must for every citizen of this country's higher education. At the same time training in higher education is free, it is fully guaranteed by the state budget. By the selection of faculty predare very high professional require- ments, including moral character. Salaries of professors is one of the highest in the world. Such an approach to higher education has been predetermined state public policy formation and preservation of intellectual nation. жүктеу/скачать 2,07 Mb. Достарыңызбен бөлісу:
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