| Summary: | Comparative law has traditionally attracted
the attention of researchers because of its high potential to address the challenges facing the
legislator and law enforcer. Criminal law research
is no exception. The author examines comparative
law in its instrumental context and offers recommendations to researchers in the field of comparative law. The issue of criminal law protection of personal data is chosen as illustrative material. Purpose: to identify fundamental errors in the application of the comparative method, confusing it with researches on foreign law and serving as reasons for the ineffectiveness of studies declared as comparativelegal.
Methods: general scientific (analysis, comparison,
description, deduction – in the transition from
general problems to a specific illustration), specific
scientific (formal legal and comparative). Results:
the effective application of the comparative method requires not only the possession of normative material, but also problem solving through a specific problem that is relevant for a particular society. The regulatory framework reflects a possible regulation, but not the only one; its effectiveness has to be assessed against other possible options.
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