ON SOME PROBLEMS OF SCIENTIFIC NOVELTY IN CIVIL LAW STUDIES (ON EXAMPLE OF THESIS RESEARCH)
Introduction: development of the legal science and improvement of the cur rent legislation in Russia is not possible without the developing of relevant, deep, knowledge-intensive, scientifically qualified academic papers based on scientific novelty. In the process of thesis defense, there are disputes about what is scientific novelty, which requirements it should confirm, in what ways it can be determined. Aim: the main objectives of this work are: firstly, identify the importance of scientific novelty and determine its impact on the development of science; secondly, analyze the relationship between scientific novelty and method, between the methodology of scientific research and scientific knowledge; thirdly, in the part of scientific novelty appraise the proposals aimed at improving the legislation of the Russian Federa tion set forth in the thesis researches; fourthly, determine the role of the judiciary in disputes related to scientific novelty in the thesis researches and conduct an analysis of judicial practice on this topic. Methods: in the course of work, authors used such methods as general philosophical methods, methods of scientific cognition, general scientific methods of research, private-scientific methods and methods of interdis ciplinary research. Conclusion: the absence of scientific novelty in thesis researches speaks of the low quality of the conducted study. This can lead to the cancellation of a scientific degree of candidate or a doctor of legal sciences, awarded by the dis sertation council. Low quality of thesis researches adversely affects the professional credibility of all persons involved in the procedure for defending a thesis. The Higher Attestation Commission began formation of a “black list” of scientific supervisors, whose candidates are deprived of a scientific degree. Outputs: the formation of scientific novelty depends on the correct understanding of law, the correct usage of methods and methodology of scientific research, the correct defining of research line and being the main criterion of all scientific work. At present time, there are no official criteria on which it would be possible to determine the presence or absence of scientific novelty in thesis research. Scientific novelty is an exclusively subjective opinion of the researcher (an applicant for a scientific degree) or another person who acquaints himself with this academic paper. At the same time, it is possible to determine the scientific novelty in the thesis research by answering the following question: what scientific and practical task did the research solve?