Metodologicheskie problemy tsivilisticheskikh issledovanii最新文献

{"title":"CHILD’S INTEREST, LEGITIMATE INTEREST OF THE CHILD AND THE CHILD’S LEGALLY PROTECTED INTEREST: THEORETICAL AND METHODOLOGICAL APPROACHES TO RESEARCH","authors":"S. Idrysheva, E. Komissarova","doi":"10.33397/2619-0559-2021-3-3-332-363","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-332-363","url":null,"abstract":"Introduction: populist rhetoric accompanying the concept of “child’s interest” gained its doctrinal tradition almost immediately with the adoption of the current Family Code of the Russian Federation. Regardless of the purpose of interpretation of this concept, its essence is usually reduced to the subjective aspirations of the child, which must be considered by all his social environment. As the textual analysis of the norms of the RF Family Code and the practice of law enforcement shows, the accumulation of experience of inconsistent and synonymous use of the concepts of “child’s interest” without a doctrinal analysis of the concepts related to it – legitimate interest, legally protected interest, and sometimes replaced by it, continues. Not without this, the question of how legal and non-legal relate in this concept remains open and not a little attracts the attention of the doctrine, although science still sends signals about the need for more “fine-tuning”. The purpose of the study is to theoretically recognize these signals using theoretical and methodological tools in order to conduct a theoretical categorization of the legal concepts “interests of the child”, “legitimate interests of the child”, “protected rights and interests of the child” that are actively used in the doctrine of family law and are very inconsistent in legislation. Methods: general scientific (dialectical); private scientific methods of cognition: formallegal, logical. Results: the structure of scientific knowledge about the interests of the child is not obvious today. In many ways, this state is generated by the facts of arbitrary use of interesting terminology. Family law science in this part does not so much create new scientific knowledge, but rather reflects the actual state of Affairs. While the real connection of the concept of child interest with legal matter implies not so much the frequency of its use in family legislation, but rather the connection with objective criteria. Based on the results of the study, the authors came to the following conclusions. One of the possible ways of further legally oriented research of the child’s interests may be to change the existing theoretical positions by attracting arguments based on the principles of regulatory and protective law. It appears to the authors, this approach will be able to distinguish between the interests of the child are significant for the implementation of its legal (legitimate interests) and interests, which in the case of a breach, to restore, to return the child the welfare state, which guaranteed to him by international and domestic law for the purposes of the full development of his personality (interests protected by law).","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":"69658802","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":"ADDITIONAL CONCLUSION ON A DISSERTATION","authors":"А. Gabov","doi":"10.33397/2619-0559-2021-3-3-163-180","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-163-180","url":null,"abstract":"Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.","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":"69658258","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 BASIS OF ACTIVE ECONOMIC ACTIVITIES LEGAL REGULATION: APPLICATION OF THE ANALOGY METHOD","authors":"V. Vaskevich","doi":"10.33397/2619-0559-2021-3-3-257-275","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-257-275","url":null,"abstract":"Introduction: the article explores the application of the analogy method in the process of analyzing the basic principles of active economic activity legal regulation. Purpose: to show the possibilities of the analogy method in civil studies, in particular, in the process of analyzing the principles of business law and their application in the active economic activity legal regulation, identifying problems arising among scientists and legal practitioners related to determining the content of these principles. Methods: analogies in jurisprudence, theoretical methods of formal and dialectical logic, deduction and induction method, empirical comparison methods, descriptions, comparative legal method. Results: the analysis of the business law principles using the method of analogy made it possible to ascertain their features in the legal regulation of active economic activity, including the field of professional sports. Conclusions: it was established that these principles are applicable as general principles of active economic activity legal regulation. Entrepreneurial activity is the main type of active economic activity and is currently the most normatively regulated. However, the existing variety of active economic activity forms confirms that not all generally accepted principles of business law are fully applicable to the regulation of active economic activity or can be used with considering a number of features.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658470","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 CONCEPT OF GOOD GOVERNANCE IN THE EU LEGISLATION: ANALYSIS IN THE CONTEXT OF METHODOLOGY OF THE CIVIL LAW RESEARCH","authors":"M. Witkowska, E. Kucheryavaya","doi":"10.33397/2619-0559-2021-3-3-139-162","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-139-162","url":null,"abstract":"Introduction: actions taken at the level of the European Union and related to the implementation of the European governance model are based on the assumptions of the theory of good governance. The research problem is the analysis of the process of implementation of this model in the decision-making mechanisms in the EU. Purpose: to analyse the theoretical framework for the application of the concept of good governance in the European Union, to assess the principles and to diagnose the actors responsible for the efficient functioning of the European governance model. The article verifies the hypothesis that the implementation of the concept of good governance in the European Union leads to the strengthening the elements that democratise and increase the transparency of the principles of its functioning for citizens. Methods: the study of these issues is conducted using actor-centred approach and metatheoretical research. The general scientific methods of cognition is used (analysis, synthesis, induction, deduction, description, etc.), as well as theoretical methods of formal and dialectic logic, supplemented by the specific juridical methods (juridical-dogmatic method, system and structure revealing method, and the method of legal norms interpretation). The analysis covers the normative basis of the good governance concept, with particular emphasis on actors involved in the procedures of applying and protecting the civil rights resulting from this concept. Results: the networks of individual actors, thematic platforms and transnational associations are active in numerous consultations with the European Commission. Тhis way, they are the main representatives of opinions of the EU Member States’ societies and the inspirers to take the necessary decisions. They play a similar role in the implementation phase of decisions, when the national administrations is obliged to implement the European standards into national legal acts. Then, the actors participate in consultations with the national authorities and monitor the implementation of EU programmes. Conclusions: the conducted analysis proved the functioning of civil participation in the European Union, which also means the existence of civil control mechanisms. However, it is small, in comparison with local governments and business structures. Representatives of civic organisations submit postulates to the European Commission that it is necessary to modify the existing rules. The governments and national officials have better support – both technical, organisational and financial – to participate in monitoring the decision-making process, but representatives of civil society are deprived of any support. These conclusions lead to a reflection that the European governance model is not functioning entirely well. There must be connections between the elements of the good governance system. The presented analysis demonstrates that only some of its fragments are functioning: legal regulations, law, public ","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":"69658221","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 INTERACTION OF MATERIAL AND PROCEDURAL LAW IN THE CONTEXT OF REFORMING THE NOMENCLATURE OF SCIENTIFIC SPECIALTIES IN JURISPRUDENCE","authors":"S. Suslova","doi":"10.33397/2619-0559-2021-3-3-214-231","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-214-231","url":null,"abstract":"Introduction: the influence of the material branches of law on the content and development of procedural branches has long been substantiated in the legal literature. At the same time, civil law scholars, limited by the scope of the nomenclature of scientific specialties in legal sciences, do not have the opportunity to conduct dissertation research aimed at identifying the influence of procedural branches on the norms of substantive law. With regard to scientific research, the study of such an impact is currently permissible only within the specialty 12.00.15. Reforming the nomenclature of scientific specialties towards its enlargement creates the basis for the development of the scientific theory of intersectoral relations, developed by M.Iu. Chelyshev. An in-depth study of the intersectoral interaction of civil law and civil procedure will contribute not only to the development of scientific knowledge, but also will allow solving practical problems at a different methodological level. Purpose: to analyze the stages of the formation of scientific specialties in the context of the relationship between civil law and procedure, to identify the advantages and disadvantages of uniting and dividing civil law and procedure in scientific research, to analyze dissertations in different periods of development of the science of civil law and the science of civil procedure, to formulate ways to improve directions of research to bridge the gap between the science of civil law and procedure. Methods: empirical methods of description, interpretation; theoretical methods of formal and dialectical logic. The legal-dogmatic private scientific method was used. Results: identified the main views on the ratio of material and procedural branches in legal science; it is illustrated that the intersectoral approach is currently admissible only for dissertations in the specialty 12.00.15, which led to an almost complete absence of scientific research on this topic in civil science; substantiated the need to establish the bilateral nature of the relationship and interaction of material and procedural block. Conclusions: reforming the nomenclature of scientific specialties by right in the direction of their enlargement should have a positive effect on bridging the gap that has developed between works on civil law and civil law procedure in the last years of their separate existence. This is especially true of civil science, which developed its own scientific theories in isolation from the possibilities of their implementation within the framework of procedural law. The methodological basis for solving these problems has already been formed – this is an intersectoral method, the application of which is justified and demonstrated in the works of M.Iu. Chelyshev.","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":"69658400","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":"GOAL SETTING AND ITS ACHIEVEMENT AS A CRITERION OF SCIENTIFIC RESEARCH IN THE FIELD OF CIVIL LAW","authors":"L. Shchennikova","doi":"10.33397/2619-0559-2021-3-3-96-123","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-96-123","url":null,"abstract":"Introduction: the article deals with the methodological problem of the meaning of the goal of civil law research. The author analyzes the dissertation abstracts from the point of view of goal setting, which were completed in different periods of the development of Russian civil law science, identifies the qualitative characteristics of the stages, and proves the connection of the achieved results with the researcher’s knowledge of the methodological methods of goal setting. Purpose: to show the value of goal setting in scientific research in general and in civil research in particular; to consider the relationship of goal setting with the achievement of specific scientific results on the examples of dissertations defended in the specialty 12.00.03; to justify the need to set as goals the fundamental problems associated with the identification of patterns of development of relations that are part of the subject of civil law regulation and the creation of effective mechanisms that mediate them. Methods: system-structural, system-functional, generalization, abstraction, analogy, logical, statistical, classification, legal modeling, comparative legal, forecasting, formal legal, historical. Results: civil methodology should take into account the importance of the goal in the organization of scientific work. Only a competent possession of goal setting skills can ultimately ensure the creation of scientifically-based mechanisms for effective impact of civil law norms on regulated social relations. Conclusions: 1) any science, including the science of civil law, is not only designed to study and describe existing problems, including legislative, doctrinal, and law enforcement. Research, in order to meet the criterion of scientific character, must attempt to identify the laws of development, both regulated relations and mechanisms that mediate them; 2) the significance of the goal in the development of science has been proven by outstanding philosophers. In addition, the very definition of science indicates that goal setting is one of its essential characteristics; 3) the analysis of the author’s abstracts of leading Russian tsivilists showed how the skilful setting of research goals helped to achieve them consistently, as well as to create a high-quality categorical apparatus of civil law science; 4) the analysis of modern dissertations showed that not all young researchers see the value of goal-setting and this methodological disadvantage is important for the author to eliminate.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"138 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658481","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":"METHODOLOGICAL ASPECTS OF SECURITY RESEARCH IN CIVIL LAW","authors":"D. Iroshnikov, A. Pulik","doi":"10.33397/2619-0559-2021-3-3-364-377","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-364-377","url":null,"abstract":"Introduction: the article is devoted to the peculiarities of the methodology in the study of security issues in civil law. The security of the individual, society and the state is ensured by the norms of both public and private branches of law and civil law is no exception here. In this regard, the study of the civil law mechanism for ensuring security is of particular importance for the domestic civil law. However, such research should have a methodological basis that reflects the specifics of the subject. Purpose: to develop a methodological basis for the study of security through the prism of a civil law mechanism for its provision, including the formulation of problems for the main directions of future research. Methods: a set of general scientific methods of cognition (analysis, synthesis, induction, deduction, systems approach, method of scientific modeling, etc.), combined with private scientific and private law methods (formal legal, comparative legal, intersectoral) were applied. Results: security can be investigated within the framework of civil law means of ensuring it in the following areas: 1) security as an intangible benefit and an object of civil law protection; 2) security as an element of the object of legal relations arising from the conclusion of civil law contracts; 3) property security and civil legal means of ensuring it. Conclusions: the study made it possible to identify the main directions of security research in the science of civil law due to the peculiarities of the methodology. In the course of the research, the authors posed a number of scientific problems, the solution of which is possible in the course of further civil studies.","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":"69658849","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 METHODOLOGICAL POTENTIAL OF THE THEORY OF SYSTEMIC ORGANIZATION OF INTERSECTORAL RELATIONS OF CIVIL LAW: TO THE ANNIVERSARY OF M.IU. CHELYSHEV","authors":"A. Barkov, Y. Grishina","doi":"10.33397/2619-0559-2021-3-3-11-30","DOIUrl":"https://doi.org/10.33397/2619-0559-2021-3-3-11-30","url":null,"abstract":"Introduction: the article dedicated to the 50th anniversary of the birth of the outstanding Russian scientist M.Iu. Chelyshev reveals the methodological significance of the theory of systemic organization of intersectoral relations of civil law developed by him. Goal: to form a holistic view of the methodological potential of the theory and the prospects for its implementation in multi-industry research. Research methods: empirical (observation, comparison, description); theoretical (formal and dialectical logic, forecasting). Results: it is proved that one of the most important elements of theory and tool for understanding the characteristics of intersectoral relations of civil law is an interdisciplinary method, which is the basis of the methodology of intersectoral legal studies with a universal interdisciplinary nature, which gives the provisions and findings developed by M.Iu. Chelyshev truly inexhaustible potential. Conclusions: attention is drawn to the fact that the methodological potential of the theory lies in the fact that today in multi-industry scientific research, the object of which is social relations that are affected by the legal norms of not one, but several industries, it is impossible to do without the use of an intersectoral method. The use of an intersectoral approach in multisectoral military legal research is the key to the solution of scientific problems in diversification enterprises, critical national importance.","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":"69658154","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":"SOME FEATURES OF THE COMPARATIVE LEGAL METHOD USAGE IN CIVIL RESEARCH","authors":"V. Vaskevich, A. Demieva","doi":"10.33397/2619-0559-2020-2-2-319-338","DOIUrl":"https://doi.org/10.33397/2619-0559-2020-2-2-319-338","url":null,"abstract":"","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658107","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":"METATHEORETICAL LEGAL STUDIES IN CIVIL LAW","authors":"В.Г. Голубцов, Доктор юридических, наук, профессор, заведующий кафедрой, предпринимательского права, V. Golubtsov","doi":"10.33397/2619-0559-2020-2-2-26-47","DOIUrl":"https://doi.org/10.33397/2619-0559-2020-2-2-26-47","url":null,"abstract":"maintaining and recording the metatheoretical legal findings in the text of the thesis, and using them as a basis for formulating the provisions about the research novelty which in this context represents a complex of methodological rules, methods, suppositions, principles of investigating the phenomenon of interest. The potential of using the new methodological approaches in the civil law science was demonstrated (hermeneutics, phenomenology, synergetics).","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41288207","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}