Metodologicheskie problemy tsivilisticheskikh issledovanii最新文献

{"title":"PROBLEMS OF LEGAL REGULATION OF TRAINING OF SCIENTIFIC AND SCIENTIFIC-PEDAGOGICAL PERSONNEL IN POSTGRADUATE STUDIES","authors":"А. Gabov, A. E. Sherstobitov","doi":"10.33397/2619-0559-2021-3-3-181-195","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-181-195","url":null,"abstract":"Introduction: this article discusses the problems of the institute of postgraduate studies (adjunct studies). The discussion on these issues has been dividing the entire scientific expert community into two camps for quite some time. The experts who make up the first of these camps believe that postgraduate studies (adjunct studies) are one of the levels of higher education. The experts who make up the second camp insist that the main task of postgraduate studies (adjunct studies) is to train a scientific researcher, not a teacher; accordingly, graduate students (adjuncts) should not attend courses of lectures and pass exams, but engage in scientific work. The relevance of the issue is explained by the discussion of a number of legislative initiatives aimed at changing the legal regulation of postgraduate studies (adjunct studies). Purpose: to show ways to solve the problems of the institute of postgraduate studies (adjunct studies), including by evaluating the draft changes in regulations. Methods: system analysis, historical method. Results: analyzed documents of a political and legal nature, as well as draft regulations aimed at reforming the institute of postgraduate studies (adjunct studies), formulated directions for its improvement. Conclusions: according to the authors, the institute of postgraduate studies (adjunct studies) is not compatible with the system of higher education because of the difference in goals that are achieved in the educational process and in the preparation of scientific research in postgraduate studies (adjunct studies), so that there is no and can be no other way than complete and decisive withdrawal of the institute of postgraduate studies (adjunct studies) from absolutely alien to him sphere of higher education in the sphere of science; only in this case, you can count on the revival of this truly important form of training scientific and pedagogical personnel of the highest category.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PERTURBATION OF SCIENTIFIC SPECIALTIES IN LAW AND THE PLACE OF BUSINESS LAW IN THE NEW SYSTEM","authors":"I. Ershova","doi":"10.33397/2619-0559-2021-3-3-196-213","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-196-213","url":null,"abstract":"Introduction: attention to the problems of scientific specialties is explained by a number of factors of a substantive and formal-institutional nature. The predicted change in the nomenclature of scientific specialties, including law, makes the research topical. Purpose: to identify the consequences and evaluate the results of future changes with extrapolation of conclusions to the science of business law. Methods: analysis, synthesis, comparison, historicism, description, interpretation, forecasting, as well as sociological and historical methods. Results: an excursion into the history of the issue is made: the pre-revolutionary, Soviet and post-Soviet periods are covered. Based on the actual data, it is shown that permanent changes in the system of scientific specialties in law are a tradition of Russian science. At the same time, the previously mentioned changes were of an evolutionary nature. The current situation with dissertation research within the current nomenclature is highlighted. Factors of popularity of the scientific specialty 12.00.03 are revealed, among which-stability, successful arrangement of branches, demand for scientists. The conclusion about the correctness of preserving business law within the same specialty with civil law is confirmed. Essential and bureaucratic problems of the scientific specialty 12.00.07 are shown. The article presents the data of a sociological study, the results of which indicate divergence and progressive autarky in the field of social Sciences. The characteristics of the main expected changes in the nomenclature of scientific specialties in law, including such as consolidation, rejection of the industry criterion in the formation are given. A forecast is made about the consequences of the introduction of these innovations. The author’s opinion is expressed regarding the place of business law in the new system of scientific specialties. Attention is drawn to possible problems and a way to overcome them is suggested. Conclusions: the new paradigm of scientific specialties in law should be evaluated positively. Its application allows us to approach the interdisciplinarity, complexity of scientific research, and the creation of dissertations as integral projects. In addition to the content side, the new nomenclature is designed to minimize problems in the formation of dissertation councils, selection of candidates for official opponents, and scientific organizations.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PHILOSOPHICAL BATTLE AGAINST MORAL HAZARD: DO WE NEED LAW METHODOLOGY CHANGE FROM “ALL OR NOTHING PRINCIPLE” TO “PRINCIPLE OF PROPORTIONALITY”?","authors":"O. Luik, Mats Volberg","doi":"10.33397/2619-0559-2021-3-3-124-138","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-124-138","url":null,"abstract":"Introduction: this article looks into the central problem in insurance law, where the principle of “all or nothing” applied by insurance providers and legislators to moral hazard (if the risks of people are covered with insurance contracts then the people often change their risk behavior to involve higher risks by presuming that the concluded insurance contract always covers the loss incurred) is being replaced by the principle of proportionality in the modern insurance law of Western countries. Purpose: to identify significant methodological changes in determining the scope of performance of an insurance provider’s obligation caused by the application of the principle of proportionality. Methods: the authors use the approach of the Baltic Sea States (e.g. Estonia, Lithuania, Russia and Finland) and PEICL (Principles of European Insurance Contract Law1) in a comparative approach, analyzing the respective paradigmatic methodological shift (which currently among the named countries is directly reflected only in the Finnish Insurance Contract Act2) in the context of practical philosophy. Results: the paper demonstrates the necessity to change the paradigmatic legal methodology, according to which the principle of “all or nothing” would be replaced by the principle of proportionality.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL EXPERIMENT AS CIVIL SCIENCE SCIENTIFIC RESEARCH METHOD","authors":"O. Kuznetsova","doi":"10.33397/2619-0559-2021-3-3-297-318","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-297-318","url":null,"abstract":"Introduction: experimentation is a widely used method of cognition in all scientific spheres, especially in natural branches of human knowledge. Jurisprudence uses the concept of legal experiment which most often understood as a law-making experiment consisting of creation of an experimental legal norm and introducing it on some territory or in some sphere of public relations. However, the phenomenon of legal experiment should also cover a research experiment as a special juridical method of cognition. Purpose: to characterize the possibilities of using the method of legal experiment in civil law research. Methods: a dialectical approach being the leading one forms the methodological basis of the work, complimented by the general scientific methods of cognition as well as the legal-dogmatic method and the hermeneutical method of legal studies. Results: the distinction was made between law-making and legal research experiments, the scope and limits of application of each of them were demonstrated; the necessity was explained of differentiation between the legal experiment method and the real results obtained upon exercising it; the necessity was proved of differentiating between imaginary and real-life experiments, this allowing to qualify only real-life experiment as a scientific research experiment constituting a special method of legal cognition. The main goals of the experiment in civil scientific works are testing the hypothesis and creating effective legal implementation practices.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"MODERN TERMS IN CIVIL LAW: METHODOLOGICAL-CATEGORIAL ASPECT","authors":"A. Demieva","doi":"10.33397/2619-0559-2021-3-3-319-331","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-319-331","url":null,"abstract":"Introduction: the article is devoted to the study of modern terms in domestic Russian civil law. Purpose: to show the reasons for the appearance of new terms in civil law and to identify the problems associated with their content, which are faced by scientists and practicing lawyers. Methods: theoretical methods of formal and dialectical logic; comparative legal method, empirical methods of comparison, description. Results: an analysis of some modern terms of civil law indicates the following reasons for their appearance. Firstly, internal growth and development of domestic civil legislation. Secondly, the emergence of new technologies. Thirdly, an erroneous and false understanding of the meaning of some concepts. Conclusions: the identified reasons of the appearance of new and borrowed terms in civil law require a differentiated scientific approach to their study in order to avoid erroneous and false understanding of their meaning. In order to become an element of the scientific terminological apparatus, current legislation and legal practice, any terminological borrowing must be systemic. Borrowing of new terms and concepts is necessary: firstly, in the absence of a similar lexical unit in domestic law, secondly, when there is a need for a unified approach to determining the content of a legal phenomenon.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL MODELING AS A METHOD OF CIVIL RESEARCH","authors":"V. Golubtsov, D. Valeev","doi":"10.33397/2619-0559-2021-3-3-276-296","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-276-296","url":null,"abstract":"Introduction: the authors of the scientific works on civil law often refer to the use of legal modelling methods as the methodological basis of their work. However, from the text of the work it is not always clear where and for what reasons the above method was used by the researcher. This situation is largely caused by the lack of sufficient knowledge about the essence and possibilities of this scientific cognition method, as well as about the rules, situations and order of its use. Purpose: to reveal the contents and show the perspectives of using the legal modelling method for performing private law researches. Methods: the general scientific cognition methods were mainly used (analysis, synthesis, induction, deduction, comparison, description and others), along with the specific juridical methods (juridical-dogmatic method, legal modelling method and others). Results: the possibility and (in some cases) the necessity to use both the theoretical legal modelling method and the empiric legal modelling method was proved. The essence of two types of legal modelling was explained: of the normative-legal type and of the behavioural type which should be used in dialectical unity and interrelation. Three stages of legal modelling were identified: building a legal model; comparing the constructed model with the actual legal phenomenon; forecasting the prospects for the development of the legal phenomenon on the basis of the constructed model.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ON THE DISCIPLINARY MATRIX OF CIVIL LAW SCIENCE: SETTING THE SCIENTIFIC TASK","authors":"Yu.V. Vinichenko, D. Pan","doi":"10.33397/2619-0559-2021-3-3-31-49","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-31-49","url":null,"abstract":"Introduction: the article intends to draw the attention of the scientific legal community, especially scientists in the area of civil law, to the status of methodological elaboration of conceptual apparatus of the basis of civil law science. Authors accepted the term “disciplinary matrix”, which is proposed by T. Kuhn, to designate a system of such concepts and a system of scientific knowledge objectified in the concepts. Goal: to substantiate the development of a disciplinary matrix of civil law as one the main aims of the present science. Methods: authors used general scientific and special scientific methods including method of logic, intersectoral and functional methods. Results: legal literature shows the absence of special researches dedicated to comprehensive consideration of the disciplinary matrix of civil law as an essential conceptual basis although Russian scientists analyzed certain aspects of the problem. The current status of the disciplinary matrix of civil law is characterized by the spontaneity of formation, which results in the absence of a clear and uniform civil law conceptual apparatus among graduates of law schools, as well as among representatives of other branches of jurisprudence which use civil law concepts. Conclusions: the main aims of civil law in this area are involvement in science and rooting of term “disciplinary matrix of civil law”; determination of concepts which can be used in such matrix; achievement of unanimity in understanding the “matrix” civil concepts by members of the civil law community. The accomplishment of these aims is significant for creating a fundamental foundation of legal education and worldview. It is also necessary for the unification of interpretation and application of civil law concepts by specialists of all branches of national law, which is relevant for expanding of inter-branch ties, as well as by representatives of various legal orders (in the context of comparative legal research). It is the deal of civil law society which scientific pluralism transforms the aim of forming the disciplinary matrix of civil law into one of the existing problems.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1128 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PARAMETERS OF THE METHODOLOGY OF JURISPRUDENCE IN THEIR FUNCTIONAL VALUE (on the Example of Civil Law)","authors":"E. Komissarova","doi":"10.33397/2619-0559-2021-3-3-50-75","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-50-75","url":null,"abstract":"Introduction: the methodology of scientific knowledge plays a dominant role in the system of science as a whole, regardless of the subject and branch of scientific knowledge. The geography of methodological knowledge is gradually expanding, the branch of law is becoming more and more receptive to it. The reason is known, it is in the chronic presence both in the theory of law and in certain branches of law of thematic discourses about methodology, focused on the thematization of its subject qualities. Not without this, lawyers are gradually forming their own methodological “philosophy”, whose semantic differences from the actual philosophical methodology ensure the availability of its tools for lawyers. A natural consequence of the relevance of research interest in methodological values in the future should be to improve the theoretical quality of legal research that is not related to the methodology, but is able to identify its scientific guidelines for the purposes of their own research. Meanwhile, there are few works in jurisprudence that focus on the applied nature of methodological knowledge. Textbooks on the methodology of jurisprudence, intended according to the title information, educational knowledge of its subject features and internal parameters, still go to “distant philosophical distances”, operating with capacious and abstract judgments about methodological phenomena, and therefore are actually addressed not so much to students as to colleagues in the “methodological workshop”. Purpose: to bring the canons of methodological regulations closer to the scientific audience working in other thematic areas that are far from methodological values, but strive to learn them for practical purposes. Methods: descriptive, explanatory, and narrative. Results: based on the results of the study, the author formulated the following theoretical conclusions. The understanding of such a complex phenomenon as the methodology of jurisprudence in its applied meaning is proposed to be carried out according to the “pandect template”. For this purpose, the author “separates” the strictly philosophical and specifically scientific methodology of jurisprudence, offering to distinguish between the general and special parts of the methodological regulations. The general part contains an answer to the subject question what is the methodology and what is the status of methodological knowledge. The special part answers the question of how and what methodological units fill in the methodology parameters and how they work.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"EVOLUTION OF CIVIL LAW RESEARCH: LINKING WITH NEW TECHNOLOGICAL REALITY","authors":"O. Serova","doi":"10.33397/2619-0559-2021-3-3-76-95","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-76-95","url":null,"abstract":"Introduction: digitalization has generated qualitative changes in many spheres of public life. The science of civil law cannot stay out of these changes. It is necessary to define new directions of scientific research, including in related fields of knowledge. Cross-sectoral research methods will take a key place in the study of the impact of digital technologies on public relations. Purpose of the research: identification of new thematic (subject) areas for the science of civil law. The relevance of these areas is determined by the high degree of penetration of digital technologies into economic and social processes. Methods: general scientific (dialectical) method, as well as such particular scientific methods of cognition, formal legal, comparative legal, logical. Discussion: a change in the subject areas of research under the influence of a new technological reality occurs in all sciences and fields of activity. Artificial intelligence technologies and robotic technology are being actively studied not only at the level of engineering sciences, mechatronics, etc., but also become an object of study in philosophy, ethics, medicine, linguistics and philology. Outside of this scientific context, research in the field of civil law is impossible. Representatives of other scientific areas determine social risks, threats and opportunities, which later take on specific outlines in the form of legal regulation models. Conclusions: the inclusion of the science of civil law in the subject areas of the new technological reality is dictated by the high social risks of technologization of law. For a long time, civil law managed to maintain a balance between the needs of civil circulation and the protection of the natural rights of citizens. Today, it is also necessary to maintain a balance between the development of digital technologies, reducing regulatory barriers and protecting the rights of citizens, as the least protected category of participants in the digitalization process.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE CIVIL LAW STATISTICS","authors":"V. A. Boldyrev","doi":"10.33397/2619-0559-2021-3-3-232-256","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-232-256","url":null,"abstract":"Introduction: comparison of dissertations in civil law with dissertations in other legal specialties, especially the criminal law cycle, inevitably leads to the idea that there are no fundamental civil law works in Russian legal science, which would be based on a statistical analysis of empirical material. Dissertation candidates often confirm or deny by one or another case or a set of them their idea, which has real or imaginary scientific value. Often, the study of a wide group of cases becomes the foundation for deep scientific conclusions, changes in the initial views of the dissertation candidate or the proposal of new hypotheses, however, in these cases, the authors’ observations are not statistical. The very statement about the insufficient use of statistical methods in civil law science requires not just a declaration with an indication of its obviousness, but direct evidence of this circumstance. Purpose: to confirm or refute the thesis about the rare use of statistical methods in civil law research, to establish the reasons for the rare use (if the thesis is confirmed). Methods: formal logical methods, statistical methods, comparative method are used. Results: the thesis about the rare use of statistical methods in civil law research is confirmed. The index of the objective conditionality of the use of statistical methods in legal research is proposed. The index shows that the role of the conditionally subjective component, that is, the established traditions of conducting scientific research in various specialties, is important, but not decisive for characterizing the methodological foundations of conducting scientific research. The choice by a particular researcher of statistical methods of conducting scientific work is determined by two main quantitative parameters of conducting research work by the entire scientific community in the relevant specialty: (a) the breadth of the sector of the analyzed legal reality, including the volume of legislation regulating public relations; (b) the number of researchers working in the relevant field.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}