Методологія досліджень принципу пропорційності

The article is devoted to the issue of forming a methodological basis for scientific research and focuses on the principle of proportionality. In the course of the analysis, it is established that the formation of the methodological basis for scientific research is an individual process carried out by each researcher depending on the chosen subject of study, its complexity and the degree of scientific development. Methodology plays a key role in structuring scientific research, determining the approaches, methods and tools that allow obtaining reliable and substantiated results. The study of the proportionality principle requires a comprehensive scientific approach that involves the use of a wide range of methodological tools. The depth and comprehensiveness of the analysis depend on the correct choice of methodological approaches, methods and principles which ensure the objectivity of the scientific results obtained. The author establishes that a methodological study of the proportionality principle is a systematic study of its structure, logical organization, functional purpose, and also the specifics of its implementation in law enforcement practice. The methodology for studying the proportionality principle includes several interrelated levels a) methodological approaches (systemic, axiological, phenomenological, existential, activity-based, etc.) which set the direction for the analysis and interpretation of legal phenomena; b) scientific methods of study (dialectical, hermeneutical, comparative legal, structural, functional, institutional, synergistic, formal and dogmatic,) which provide the instrumental aspect of cognition; c) scientific principles of cognition (specificity, comprehensiveness, scientificity, objectivity, historicism, validity, etc.) which form the methodological basis of the study. The use of a multi-level methodological approach in the study of proportionality makes it possible to provide a comprehensive analysis, to identify the regularities of the principle’s functioning, to determine its role in the legal system and to suggest promising areas for improving the application of proportionality in both national and international law.