Pub Date : 2019-01-01DOI: 10.33397/2619-0559-2019-1-1-135-146
Удк, БАлАНСА ИНтЕРЕСОВ, Как Метод, Цивилистического Исследования, Е.Е. Богданова, Доктор юридических, наук, профессор, заведующая кафедрой, гражданского права, E. E. Bogdanova
{"title":"THE BALANCE OF INTERESTS AS A METHOD OF A CIVIL LAW INVESTIGATION","authors":"Удк, БАлАНСА ИНтЕРЕСОВ, Как Метод, Цивилистического Исследования, Е.Е. Богданова, Доктор юридических, наук, профессор, заведующая кафедрой, гражданского права, E. E. Bogdanova","doi":"10.33397/2619-0559-2019-1-1-135-146","DOIUrl":"https://doi.org/10.33397/2619-0559-2019-1-1-135-146","url":null,"abstract":"","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658370","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}
Pub Date : 2019-01-01DOI: 10.33397/2619-0559-2019-1-1-158-183
Yu.V. Vinichenko
{"title":"THE THEORY OF CIVIL CIRCULATION: THE CHANGE OF PARADIGM","authors":"Yu.V. Vinichenko","doi":"10.33397/2619-0559-2019-1-1-158-183","DOIUrl":"https://doi.org/10.33397/2619-0559-2019-1-1-158-183","url":null,"abstract":"","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43510623","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}
Pub Date : 2019-01-01DOI: 10.33397/2619-0559-2019-1-1-351-362
О. Serova
Introduction: the development of technology has led to the formation of the digital era in the modern period of society. Digitalization is becoming essential for the transformation of the economy, social sphere and legal regulation. However, the scale of the changes will require significant updating of the theoretical and methodological foundations of private law. Objective: to identify the main legal institutions and legal structures that will be subject to changes in the digital age. Methods: the general scientific dialectical method and formal logical method were used in the study. It allowed to reveal interrelation of the processes occurring in the digital environment, to define causal connections of changes of the legislation and new technological way of life. Results: the main directions of development of the legislation and doctrinal researches in the sphere of digital economy are formulated. Conclusions : there is a need to expand the interdisciplinary approach to research in private law in the transition to the digital economy.
{"title":"PROBLEMS OF DEVELOPMENT OF THE METHODOLOGY OF CIVIL LAW RESEARCH IN THE DIGITAL AGE","authors":"О. Serova","doi":"10.33397/2619-0559-2019-1-1-351-362","DOIUrl":"https://doi.org/10.33397/2619-0559-2019-1-1-351-362","url":null,"abstract":"Introduction: the development of technology has led to the formation of the digital era in the modern period of society. Digitalization is becoming essential for the transformation of the economy, social sphere and legal regulation. However, the scale of the changes will require significant updating of the theoretical and methodological foundations of private law. Objective: to identify the main legal institutions and legal structures that will be subject to changes in the digital age. Methods: the general scientific dialectical method and formal logical method were used in the study. It allowed to reveal interrelation of the processes occurring in the digital environment, to define causal connections of changes of the legislation and new technological way of life. Results: the main directions of development of the legislation and doctrinal researches in the sphere of digital economy are formulated. Conclusions : there is a need to expand the interdisciplinary approach to research in private law in the transition to the digital economy.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47002057","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}
Pub Date : 2019-01-01DOI: 10.33397/2619-0559-2019-1-1-300-311
S. G. Mikhailov, N. Mikhailova
{"title":"METHODOLOGICAL APPROACHES TO ESTABLISHING THE SYSTEM OF PROTECTED OBJECTS OF SCIENTIFIC AND TECHNICAL CREATIVITY","authors":"S. G. Mikhailov, N. Mikhailova","doi":"10.33397/2619-0559-2019-1-1-300-311","DOIUrl":"https://doi.org/10.33397/2619-0559-2019-1-1-300-311","url":null,"abstract":"","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48967533","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}
Pub Date : 2019-01-01DOI: 10.33397/2619-0559-2019-1-1-363-381
S. Suslova
existing approaches to the content of the concept in relation to analysis of category with other methodological approaches, to suggest an algorithm for the correct application of this category in scientific works on specialty 12.00.03. Methods: empirical methods for describing, interpreting; theoretical methods of formal and dialectical logic; specific scientific methods; legal-dogmatic method. Results: the main approaches to understanding the complexity of scientific research are revealed, the research was carried out with the help of the systematic approach and the methods of vari-365 ous branches of scientific knowledge (not only jurisprudence); the author used scientific theories developed in various fields of law; the research allows to study law at different levels; any scientific research is complex. Conclusions: recogniz-ing different approaches to the understanding the term “complexity”, the author considers that it is necessary to specify its importance in relation to scientific and qualification works (PhD and doctoral theses). The author offers the universal understanding of the term, according to which complex studies are those which are based on the use of a systematic approach that allows to formulate conclu-sions that have signs of novelty.
{"title":"ON THE COMPLEXITY IN CIVIL LAW STUDIES","authors":"S. Suslova","doi":"10.33397/2619-0559-2019-1-1-363-381","DOIUrl":"https://doi.org/10.33397/2619-0559-2019-1-1-363-381","url":null,"abstract":"existing approaches to the content of the concept in relation to analysis of category with other methodological approaches, to suggest an algorithm for the correct application of this category in scientific works on specialty 12.00.03. Methods: empirical methods for describing, interpreting; theoretical methods of formal and dialectical logic; specific scientific methods; legal-dogmatic method. Results: the main approaches to understanding the complexity of scientific research are revealed, the research was carried out with the help of the systematic approach and the methods of vari-365 ous branches of scientific knowledge (not only jurisprudence); the author used scientific theories developed in various fields of law; the research allows to study law at different levels; any scientific research is complex. Conclusions: recogniz-ing different approaches to the understanding the term “complexity”, the author considers that it is necessary to specify its importance in relation to scientific and qualification works (PhD and doctoral theses). The author offers the universal understanding of the term, according to which complex studies are those which are based on the use of a systematic approach that allows to formulate conclu-sions that have signs of novelty.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49026008","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}
Pub Date : 2019-01-01DOI: 10.33397/2619-0559-2019-1-1-34-44
D. Valeev, V. Golubtsov
of legal regulation. As such a general method of legal regulation inherent in all branches of law can be identified method of inter-industry legal regulation. In addition, this method, along with others, makes the methodological basis for the study of modern Russian civilization. The method of inter-branch relations acquires special significance in the study of “butt” concepts. Civil procedural law being a procedural branch of law can act simultaneously as a guarantor of the realization of material rights and creation of additional guarantees within the framework of existing material legal relations, and substantive law offers a certain set of procedural instruments created within existing material legal relations, but having consequences only in procedural legal relations. Interdependence mani-fests itself within the framework of inter-branch relations of civil procedural law and procedural branches of law, which are not procedural, but characterized by the presence of a law-enforcement agent determined by law, whose participation is obligatory for the development of these relations. Purpose: to investigate the main forms of manifestation of inter-branch relations of civil procedural law. Methods: the method of inter-branch relations. The paper examines the main forms of manifestation of inter-branch relations of civil procedural law: at the level of legal norms; in respect of legal facts; in the framework of legal relations; in acts of the implementation of rights and duties; at the law enforcement stage. Conclusions: analysis of the main forms of the manifestation of inter-branch relations in civil procedural law allows us to conclude that the relevant branches of substantive and procedural law establish subjective rights and define specific means of their protection. In turn, civil procedural law regulates the protection of subjective rights.
{"title":"METHODOLOGICAL ASPECTS OF INTER-BRANCH RELATIONS OF CIVIL PROCEDURAL LAW","authors":"D. Valeev, V. Golubtsov","doi":"10.33397/2619-0559-2019-1-1-34-44","DOIUrl":"https://doi.org/10.33397/2619-0559-2019-1-1-34-44","url":null,"abstract":"of legal regulation. As such a general method of legal regulation inherent in all branches of law can be identified method of inter-industry legal regulation. In addition, this method, along with others, makes the methodological basis for the study of modern Russian civilization. The method of inter-branch relations acquires special significance in the study of “butt” concepts. Civil procedural law being a procedural branch of law can act simultaneously as a guarantor of the realization of material rights and creation of additional guarantees within the framework of existing material legal relations, and substantive law offers a certain set of procedural instruments created within existing material legal relations, but having consequences only in procedural legal relations. Interdependence mani-fests itself within the framework of inter-branch relations of civil procedural law and procedural branches of law, which are not procedural, but characterized by the presence of a law-enforcement agent determined by law, whose participation is obligatory for the development of these relations. Purpose: to investigate the main forms of manifestation of inter-branch relations of civil procedural law. Methods: the method of inter-branch relations. The paper examines the main forms of manifestation of inter-branch relations of civil procedural law: at the level of legal norms; in respect of legal facts; in the framework of legal relations; in acts of the implementation of rights and duties; at the law enforcement stage. Conclusions: analysis of the main forms of the manifestation of inter-branch relations in civil procedural law allows us to conclude that the relevant branches of substantive and procedural law establish subjective rights and define specific means of their protection. In turn, civil procedural law regulates the protection of subjective rights.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44627266","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}
Pub Date : 2019-01-01DOI: 10.33397/2619-0559-2019-1-1-101-114
К.М. Arslanov
{"title":"HISTORICAL METHOD AND MODERN CIVIL LAW RESEARCHES","authors":"К.М. Arslanov","doi":"10.33397/2619-0559-2019-1-1-101-114","DOIUrl":"https://doi.org/10.33397/2619-0559-2019-1-1-101-114","url":null,"abstract":"","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658296","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}
Pub Date : 2019-01-01DOI: 10.33397/2619-0559-2019-1-1-184-196
I. Emelkina
{"title":"METHODOLOGICAL FEATURES OF INVESTIGATION OF THE LEGAL REGIME OF THE LAND PLOTS IN THE CIVIL SCIENCE AND THE SCIENCE OF LAND LAW","authors":"I. Emelkina","doi":"10.33397/2619-0559-2019-1-1-184-196","DOIUrl":"https://doi.org/10.33397/2619-0559-2019-1-1-184-196","url":null,"abstract":"","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69658422","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}
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