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Information law. Methods of information and legal regulation (the most important)

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7. METHODS OF INFORMATION AND LEGAL REGULATION

Information law method - techniques and methods by which the subject of law is studied.

When studying information law, various methods are used - both traditional and non-traditional - for legal science. Considerable attention is paid to methods designed to study information objects as special objects of information legal relations.

In the study of information law, mainly the methods of legal science are used, which are used in specific legal sciences and form their methodological basis.

Among the main methods of information law, the following can be distinguished.

1. Formal-dogmatic method. Usually, in research, this method is the first to be used, the essence of which is the legal processing of legal material, the dogma of law. This method includes such procedures as the description and analysis of information and legal norms and legal relations, their interpretation, classification and systematization of phenomena, concepts, norms, legal relations, acts, institutions.

As a result of applying the formal-dogmatic method, knowledge about information law is brought into the system, they receive a certain, clear form of their presentation, convenient for their memorization and subsequent study.

2. Method of comparative legal research is based on a comparison of two or more elements of the same type of information law (institutions, norms, concepts, etc.) with elements of other national legal systems (American, European, etc.) in order to identify common and distinctive characteristics of such elements.

3. Method of appealing to sciences, studying other related branches of law, allows you to use and effectively apply the provisions and conclusions developed by these sciences in the system of information law. Thus, in order to study information law, methods of general theory of law, constitutional law, administrative law, civil law, financial law, criminal law and other branches of law can be effectively used.

4. Method of sociological research can be used to monitor the activities of subjects of information law in order to assess the effectiveness of the practice of applying the rules and regulations of information law in specific conditions. The research tool of this method is based on questionnaires and surveys of subjects of specific legal relations.

Personal observation plays an essential role in this method. It is in the process of personal observation that factual material is collected and accumulated, which cannot be obtained in any other way.

Of great importance are the methods of statistical processing of the collected material, the use of which makes it possible to identify the features and frequency of phenomena, events, facts in the system of information law.

5. Methods of algorithmization and modeling actively used to study the system of information law, describe the structures and elements of this system, to describe the behavior of subjects of information legal relations.

6. System approach method can be applied at all stages and stages of the study of information law, its elements and parts as a universal complex method based on a detailed complete study of all possible ways, methods and options for solving the problem, as well as the consequences of applying methods and methods for solving the research problem.

Author: Yakubenko N.O.

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