PERTURBATION OF SCIENTIFIC SPECIALTIES IN LAW AND THE PLACE OF BUSINESS LAW IN THE NEW SYSTEM

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.

ADDITIONAL CONCLUSION ON A DISSERTATION

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.

ON INTERACTION OF MATERIAL AND PROCEDURAL LAW IN THE CONTEXT OF REFORMING THE NOMENCLATURE OF SCIENTIFIC SPECIALTIES IN JURISPRUDENCE

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.

GOAL SETTING AND ITS ACHIEVEMENT AS A CRITERION OF SCIENTIFIC RESEARCH IN THE FIELD OF CIVIL LAW

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.

EVOLUTION OF CIVIL LAW RESEARCH: LINKING WITH NEW TECHNOLOGICAL REALITY

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.

PROBLEMS OF LEGAL REGULATION OF TRAINING OF SCIENTIFIC AND SCIENTIFIC-PEDAGOGICAL PERSONNEL IN POSTGRADUATE STUDIES

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.

ON THE DISCIPLINARY MATRIX OF CIVIL LAW SCIENCE: SETTING THE SCIENTIFIC TASK

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.

LEGAL EXPERIMENT AS CIVIL SCIENCE SCIENTIFIC RESEARCH METHOD

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.

PHILOSOPHICAL BATTLE AGAINST MORAL HAZARD: DO WE NEED LAW METHODOLOGY CHANGE FROM “ALL OR NOTHING PRINCIPLE” TO “PRINCIPLE OF PROPORTIONALITY”?

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.

PARAMETERS OF THE METHODOLOGY OF JURISPRUDENCE IN THEIR FUNCTIONAL VALUE (on the Example of Civil Law)

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.