Osipov M.Y. —
On the Issue of Classifying Legal Research
// Law and Politics. – 2024. – ¹ 3.
– P. 16 - 29.
DOI: 10.7256/2454-0706.2024.3.70277
URL: https://en.e-notabene.ru/lpmag/article_70277.html
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Abstract: This study aims to determine the features and criteria for classifying legal studies in terms of their completeness and sufficiency of coverage of all possible varieties of legal research. Issues related to the justification of the allocation of additional types of legal research are also considered: the division of all legal research into "positive" and "critical" criteria for the relationship between these types of research are identified.
Also, this article discusses possible errors in conducting "positive" and "critical" legal research and gives their typology. The ways of preventing mistakes in conducting legal research are also determined. The research methods, the results of which are presented in this article, include general scientific methods: analysis, synthesis, induction, deduction, abstraction, generalization, and modeling. In addition to the criteria for classifying scientific, legal research in legal science, it is proposed to distinguish "positive legal research" and "critical legal research" into independent types of scientific, legal research. At the same time, legal reality always acts as the objective of "positive research" in jurisprudence, in the form of interrelated and interacting phenomena of social reality, while the subject of positive research is always any patterns describing and explaining legal phenomena or the legal side of certain social phenomena; any legal theories, concepts, and hypotheses support the object of "critical" research in jurisprudence.
The subject of "critical legal research" is a critical analysis of a hypothesis, concept, or theory in legal science. If the purpose of "positive legal research" is to discover new patterns of formation, development, and functioning of legal phenomena or to identify defects and develop scientifically sound proposals for improving the legal regulation of a particular sphere of society, then the purpose of "critical" research in legal science is to determine the validity of a specific scientific theory, hypothesis or concept.
Osipov M.Y. —
On the Issue of the Legal Expediency of "Automatic Sanctions" in the Russian Legal System
// Law and Politics. – 2024. – ¹ 2.
– P. 67 - 79.
DOI: 10.7256/2454-0706.2024.2.69908
URL: https://en.e-notabene.ru/lpmag/article_69908.html
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Abstract: The subject of the study is a critical analysis of the “theory of automatic sanctions,” which is based on the patterns of formulation and functioning of sanctions developed in the general theory of law. The study aims to determine, based on the analysis of, the patterns of formulation and functioning of sanctions as an element of the rule of law in the Russian legal system by analyzing the signs of automatic sanctions set out in these works. Also, the subject of the study is the patterns of application of sanctions in the Russian legal system, knowledge of which will allow us to draw conclusions about the advisability of the existence of “automatic sanctions” in the Russian legal system. The research methods are analysis, synthesis, induction, deduction, abstraction, generalization, modeling formal legal approach, and a variety of these methods as legal analysis. Analysis of the nature of “sanctions” shows that they are aimed primarily at protecting the existing legal order by bringing the person who violated the disposition of the legal norm to legal liability and by applying other protective measures to restore the violated legal order.
The effective application of sanctions involves establishing the following circumstances: who committed this unlawful act, whether the person is guilty of committing an offense, if sanctions provide responsibility for its commission; what measures of protection can be applied in this case to a person who has violated the legal order set out in the disposition of the legal norm, whether in this case there are circumstances excluding the wrongfulness of the act, or other circumstances excluding the application of these sanctions. All this requires implementing a law enforcement process, which makes the existence of such a phenomenon as automatic sanctions inappropriate.
Osipov M.Y. —
On the issue of improving the bankruptcy procedure of the liquidated debtor
// Law and Politics. – 2023. – ¹ 4.
– P. 36 - 47.
DOI: 10.7256/2454-0706.2023.4.40646
URL: https://en.e-notabene.ru/lpmag/article_40646.html
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Abstract: The subject of the research in this article is the legal regulation of the bankruptcy procedure of the liquidated debtor. The purpose of the study is to analyze the peculiarities of legal regulation of bankruptcy of legal entities from the point of view of general and specific patterns of legal regulation and requirements imposed on it, to identify problems in legal regulation that create conditions for illegal actions in the bankruptcy of legal entities, including the recognition of a fully solvent debtor as bankrupt. During the study, the analysis of the legal regulation of public relations in the field of insolvency (bankruptcy) was carried out by setting control questions concerning the degree of certainty of elements of these relations, as well as by determining the main types of risks arising in the regulation of these relations. During the study, it was found that the legal conditions for committing illegal actions in bankruptcy are, in particular, the availability of simplified bankruptcy procedures, in particular the bankruptcy of the liquidated debtor, which allows in some cases, in the presence of unfair actions on the part of the management of these legal entities and (or) persons affiliated with this management, to carry out illegal actions. A number of measures are proposed to improve the current legislation in the field of bankruptcy of a liquidated debtor, aimed at both protecting the interests of the debtor and protecting the interests of the creditor, including such as the introduction of mandatory monitoring procedures and mandatory inventory during this procedure.
Osipov M.Y. —
On the Question of the Peculiarities of Using an Interdisciplinary Approach in Modern Scientific Research in the Field of Law
// Politics and Society. – 2023. – ¹ 4.
– P. 36 - 45.
DOI: 10.7256/2454-0684.2023.4.43798
URL: https://en.e-notabene.ru/psmag/article_43798.html
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Abstract: The research subject of this article is the features and patterns of the use of an interdisciplinary approach to modern scientific research in the field of law. The relevance of this problem and the need to study the patterns of using an interdisciplinary approach in the field of law is because, on the one hand, it is becoming increasingly widespread in the legal sciences. On the other hand, the "inept" use of an interdisciplinary approach in the field of law can lead to a significant decrease in the effectiveness of scientific research in the legal sciences and lead to difficulties in assessing the significance of the obtained research results. The purpose of this work is to identify the patterns of using this approach based on the analysis of the features of the interdisciplinary approach in modern scientific research in the field of legal sciences and to propose ways to use it most effectively in modern scientific research in the field of jurisprudence. The scientific novelty of the conducted research is as follows. During the analysis of the features and patterns of the use of an interdisciplinary approach in modern legal science, it was found that not all researchers understand the features (specifics) of the use of an interdisciplinary approach in legal research. The specificity of using an interdisciplinary approach in legal research is that an interdisciplinary approach allows us to identify common patterns of formation, development and functioning of state-legal phenomena as a variety of social phenomena. Therefore, in order to increase the effectiveness of using an interdisciplinary approach in modern scientific research in the field of legal sciences, it is better to conduct research on the purely legal side of state-legal phenomena within the framework of a disciplinary approach and traditional legal methods, an interdisciplinary approach, in our opinion, should play the role of a kind of philosophical basis that does not allow the absolutization of knowledge and assumes the need for dialogue in in order to conduct scientific research more productively.
Osipov M.Y. —
On the Question of the Peculiarities of Using an Interdisciplinary Approach in Modern Scientific Research in the Field of Law
// Law and Politics. – 2022. – ¹ 3.
– P. 11 - 22.
DOI: 10.7256/2454-0706.2022.3.37757
URL: https://en.e-notabene.ru/lpmag/article_37757.html
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Abstract: The research subject of this article is the features and patterns of the use of an interdisciplinary approach to modern scientific research in the field of law. The relevance of this problem and the need to study the patterns of using an interdisciplinary approach in the field of law is because, on the one hand, it is becoming increasingly widespread in the legal sciences. On the other hand, the "inept" use of an interdisciplinary approach in the field of law can lead to a significant decrease in the effectiveness of scientific research in the legal sciences and lead to difficulties in assessing the significance of the obtained research results. The purpose of this work is to identify the patterns of using this approach based on the analysis of the features of the interdisciplinary approach in modern scientific research in the field of legal sciences and to propose ways to use it most effectively in modern scientific research in the field of jurisprudence. Â Â Â Â Â The scientific novelty of the conducted research is as follows. During the analysis of the features and patterns of the use of an interdisciplinary approach in modern legal science, it was found that not all researchers understand the features (specifics) of the use of an interdisciplinary approach in legal research. The specificity of using an interdisciplinary approach in legal research is that an interdisciplinary approach allows us to identify common patterns of formation, development and functioning of state-legal phenomena as a variety of social phenomena. Therefore, in order to increase the effectiveness of using an interdisciplinary approach in modern scientific research in the field of legal sciences, it is better to conduct research on the purely legal side of state-legal phenomena within the framework of a disciplinary approach and traditional legal methods, an interdisciplinary approach, in our opinion, should play the role of a kind of philosophical basis that does not allow the absolutization of knowledge and assumes the need for dialogue in in order to conduct scientific research more productively.
Osipov M.Y. —
Novels and Innovations in law: concept and correlation
// Law and Politics. – 2021. – ¹ 2.
– P. 1 - 14.
DOI: 10.7256/2454-0706.2021.2.35031
URL: https://en.e-notabene.ru/lpmag/article_35031.html
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Abstract: Correlation between the concepts of “novel” and “innovation” in law is one of the topical problems faced by the modern legal science. Its relevance is substantiated by the fact that the improper use of one or another term in legal science (for example, the term "”innovation” instead of the term “novel” may lead to misperception and complicate the research of these legal phenomena. The goal consists in establishing correlation between the concepts of “novel” and “innovation”, as well as the criteria for their classification based on the analysis of the essence of these two concepts. The subject of this article is such principles of the novels and innovations in the legal system that impact the characteristics of these legal phenomena. In the course of research, it was determined that law incorporates both, novels and innovations, which should not be confused, and correlate with each other as a whole (legal novels) and as a part (legal innovations). The article provides classification of legal novels and legal innovations in accordance to various criteria, namely depending on the type of legal process, form of expression (of novels and innovations in law) and (legal novels and innovations). The latter are distinguished by the fact that they are reflected in the legal norms. At the same time, innovations in the law and legal system imply the fundamentally new and (or) significantly improved processes that take place in the legal system, as well as their results. Novelties, in turn, imply any amendments to the law and the legal system.
Osipov M.Y. —
Economic analysis of law: failures, opportunities, and limitations
// Law and Politics. – 2017. – ¹ 6.
– P. 12 - 23.
DOI: 10.7256/2454-0706.2017.6.22716
URL: https://en.e-notabene.ru/lpmag/article_22716.html
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Abstract:
The subject of this research is the economic analysis of law, its place and role within the system of methods of juridical science. The author examines various situations existing in legal reality for determination of the potential failures, opportunities, and limitations in implementation of the method of economic analysis of law in juridical science. Particular attention is given to such aspects of the topic as the failures of economic analysis of law and its limitations. Thus, the goal of this work lies in demonstration of the failures, opportunities, and limitation of the economic analysis of law. The scientific novelty consists in determination of the failures and limitations in application of the economic analysis of law, as well as giving definition to the failures and limitations of economic analysis of law. The work also demonstrated that the implementation of economic analysis of law cannot be realized independently from other methods of juridical science, due to the fact that its application “alone” can lead to disregard of such crucial principles of law, as the principle of good faith, principle of justice, principle of humanism, etc.
Osipov M.Y. —
Economic analysis of law: failures, opportunities, and limitations
// Law and Politics. – 2017. – ¹ 6.
– P. 12 - 23.
DOI: 10.7256/2454-0706.2017.6.43054
URL: https://en.e-notabene.ru/lamag/article_43054.html
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Abstract:
The subject of this research is the economic analysis of law, its place and role within the system of methods of juridical science. The author examines various situations existing in legal reality for determination of the potential failures, opportunities, and limitations in implementation of the method of economic analysis of law in juridical science. Particular attention is given to such aspects of the topic as the failures of economic analysis of law and its limitations. Thus, the goal of this work lies in demonstration of the failures, opportunities, and limitation of the economic analysis of law. The scientific novelty consists in determination of the failures and limitations in application of the economic analysis of law, as well as giving definition to the failures and limitations of economic analysis of law. The work also demonstrated that the implementation of economic analysis of law cannot be realized independently from other methods of juridical science, due to the fact that its application “alone” can lead to disregard of such crucial principles of law, as the principle of good faith, principle of justice, principle of humanism, etc.
Osipov M.Y. —
Geopolitics and international law: the problems of interaction
// Politics and Society. – 2016. – ¹ 6.
– P. 721 - 732.
DOI: 10.7256/2454-0684.2016.6.19307
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Abstract: The subject of this research is the analysis of geopolitical problems from the position of geopolitics, as well as the norms of international law. Special attention is given to the questions necessary for understanding the problems of interaction between geopolitics and international law: notion and concept of geopolitics; factors affecting geopolitics, such as geographical factors, loyalty of population, and struggle for the resources with consideration of the requirements of the norms of international law. The author also analyzes the various geopolitical strategies and suggests using the new methods of the analysis of geopolitical strategies, such as formal political analysis and comparative political analysis of geopolitical strategies. The analysis of the notion “geopolitics”, as well as the analysis of the principles and factors affecting geopolitics, conducted considering the norms of international law, comprises the basis of methodology of this research. The author concludes the geopolitics is a science that studies the regularities of one or other political strategies, including the regularities of their choice, and factors influencing them. Among the main factors that affect the choice of a geopolitical strategy are the following: geographical factors, including the problem of borders; loyalty of population; necessity of struggle for resources; and the norms of international law. Using the specific examples of Kosovo and Ukrainian crisis, the author demonstrates that the norms of international law in choosing one or another strategy would be upheld only under the conditions when the value of upholding the norms of international law supersedes the value of their violation. The article also presents the key methods of the analysis of geopolitical strategies.
Osipov M.Y. —
// Actual problems of Russian law. – 2014. – ¹ 6.
– P. 1044 - 1053.
DOI: 10.7256/1994-1471.2014.6.11317
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Osipov M.Y. —
// Law and Politics. – 2011. – ¹ 3.
DOI: 10.7256/2454-0706.2011.3.3265
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Osipov M.Y. —
// Law and Politics. – 2011. – ¹ 3.
DOI: 10.7256/2454-0706.2011.3.41646
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Osipov M.Y. —
// Law and Politics. – 2009. – ¹ 11.
DOI: 10.7256/2454-0706.2009.11.1068
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Osipov M.Y. —
// Law and Politics. – 2009. – ¹ 11.
DOI: 10.7256/2454-0706.2009.11.41132
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