Serkov P. P.法律关系(现代法律政策的理论与实践)专著述评。莫斯科:诺玛,2023年。1544便士。

N. Tsukanov
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引用次数: 0

摘要

本文综述了俄罗斯著名学者、具有丰富实践经验的专家、法学博士Petr Pavlovich Serkov教授的专著。阐述了本研究的哲学和法律取向,对作者的主要条款和结论进行了评价,并指出了研究结果进一步科学实用的前景。在综述的第一部分,考虑了P.P.Serkov确定的研究主题的具体情况。值得注意的是,后者比现代律师通常意义上的法律关系主题要广泛得多。专著的标题是因为该作品的作者赋予这一类别一个特殊的位置,承认它是法律法规体系的基本基础。提请注意说明材料的广度和多样性,作者在设置研究问题和提出科学问题时使用的方法的独创性,确定解决问题的方法,选择呈现结果的形式和风格。对专著文本的大量引用证实了这些结论,并形成了简要的概括。作品的第二部分致力于科学材料的呈现风格,重点关注其对文本及其内容感知的影响。值得注意的是,这一特点使文本更加生动、形象,但同时也使作品变得明显复杂,难以准确理解作者的想法。第三部分反映了作品结构的特点。这篇综述提请注意Petr P.Serkov对结构元素的命名和相互排列的非标准方法,以及Petr P.Serkov提出的某些科学问题的棘手性。特别注意到作者通过引用一篇或另一篇论文的未经证实而使用的论证方法。注意到专著中有争议的条款。审稿人并不认同作者对现代法学方法论的怀疑态度,他对有必要修改抽象方法在科学法律研究中的作用、法律关系在法律问题结构中的地位以及其他一些科学问题的看法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Review of the Monograph: Serkov P. P. Legal Relationship (Theory and Practice of Modern Legal Policy). Moscow: Norma, 2023. 1544 p.
The presented review gives a general assessment of the monograph by the famous Russian scholar, a specialist with significant practical experience, Doctor of Legal Sciences, Professor Petr Pavlovich Serkov. The philosophical and legal orientation of the study is stated, the key provisions and conclusions of the author are evaluated, the prospects for further scientific and practical use of the results are noted. In the first part of the review, the specifics of the subject of research determined by P. P. Serkov are considered. It is noted that the latter is many times wider than the subject of legal relations in the usual sense for a modern lawyer. The title of the monograph is due to the fact that the author of the work gives this category a special place, recognizing it as the fundamental basis of the system of legal regulation. Attention is drawn to the breadth and diversity of the illustrative material, the originality of the methods used by the Author of setting research problems and formulating scientific questions, determining methods for solving them, choosing the form and style of presenting the results. Numerous references to the text of the monograph are given to substantiate the conclusions, and brief generalizations are formulated. The second section of the work is devoted to the style of presentation of scientific material, focuses on its influence on the perception of the text and its content. It is noted that this feature makes the text more vivid, figurative, but at the same time significantly complicates the work with it, makes it difficult to accurately understand the Author’s idea. The third section reflects the features of the structure of the work. The review draws attention to the non-standard approach of Petr P. Serkov to the naming and mutual arrangement of structural elements, to the intractability of certain scientific questions formulated by Petr P. Serkov. The method of argumentation used by the Author by means of references to the unprovenness of one or another thesis is especially noted. The controversial provisions of the monograph are noted. The reviewer does not share the Author’s skeptical attitude to the methodology of modern legal science, his opinion on the need to revise the role of the abstraction method in scientific legal research, on the place of legal relations in the structure of legal matter, and on a number of other scientific issues.
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