Методологические проблемы цивилистических исследований. Сборник научных статей. Ежегодник. Выпуск 2. 2017

Introduction: the present article contains the critical analysis of abstracts of the civil theses devoted to various problems of modeling of the legal phenomena (systems). The purpose of article consists in an assessment of eficiency of application of a method of legal modeling in civil theses and development of scientific and practical recommendations about optimization of use of this tool of knowledge. Methods: empirical methods (comparisons, measurements, descriptions, interpretations); theoretical methods (formal and dialectic logic). Results: the method of legal modeling in civil theses is applied very restrictedly. In the majority of the studied theses insuficiently truly from the methodological point of view the corresponding elements of qualification part of research which aren’t allowing to track interrelation of a problem, purpose, methods of her achievement, tasks, results in the form of the provisions submitted for protection are issued. There is an impression that the terms “model”, “modelling” are often used randomly, without the methodological potential of this tool of knowledge, but only as a beautiful figure of speech. On the basis of the analysis of abstracts of theses in which the method of legal modeling leads to achievement of goals recommendations about increase of eficiency of use of this method are developed. Conclusions: use of a method of legal modeling has to be aimed at formation of the model of the studied legal phenomenon promoting the solution of a scientific problem that it is necessary to reflect in qualification part of research of the thesis. Application of legal modeling is expedient in that case when studying of object can be promoted by formation of the model directed to allocation in the studied system of signs, properties, communications and the relations of elements of system as a potential subject of further research, for simplification of the analysis of the prospects of development and regularities which are available in the real legal phenomenon. Legal modeling assumes realization of the basic principles of system approach to knowledge of legal reality. Application of this method when studying legal systems in that case when the Russian legislation regulating the studied relations is absent or needs system changes is the most effective.

Keywords: methodology of civil researches; method of legal modeling; legal model; interrelation of elements of qualification part of study.

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