Philosophical and Methodological Basis of the Property Institute Study

  • Olena S. KIZLOVA Department of Civil and Economic Law and Proceedings, International Humanitarian University, Odesa, Ukraine
  • Kateryna M. HLYNIANA Department of Civil Law, National University ‘Odessa Law Academy’, Odesa, Ukraine
  • Natalia N. DENYSIAK Department of Civil and Economic Law and Proceedings, International Humanitarian University, Odesa, Ukraine
  • Valentyna V. ANDRIIENKO Department of Civil and Economic Law and Proceedings, International Humanitarian University, Odesa, Ukraine
  • Oleh B. HRYNIAK State Bureau of Investigation, Kyiv, Ukraine
DOI: https://doi.org/10.14505//jarle.v10.3(41).16

Abstract

The research analyses the main conceptual philosophical and methodological approaches to the comprehension of the property institute as a complex legal institution. The main philosophical and methodological aspects and concepts used in the study of the essence, legal nature and genesis of the property institute in the modern legal field are considered. The issue of the property institute in the context of philosophical analysis, its economic, legal, subjective and objective features and conceptual content are investigated. It is necessary to apply the main philosophical and methodological concepts while analyzing and studying of law in and of itself and the property institute in particular. This assertion is based on the fact that the relevance of philosophical comprehension of the law phenomenon as a whole, and certain legal phenomena in particular, is associated with both practical issues of the society’s development, and theoretical issues, directly related to the ideological and methodological support of law. It is established, that the fundamentality of the issue being solved in science is determined by the required degree of awareness of the integrity of scientific significance. Philosophical approach as a holistic form of methodological analysis can become a means of such awareness.


 

References

[1] Askin, Y.F. 1989. Methodological Functions of Philosophical Categories. Saratov University Publishing House.
[2] Basilevich, V.D., and Ilyin, V.V. 2008. Intellectual Property: Creatives of Metaphysical Search. Znanie.
[3] Basin, Y.G. 2003. To the question of the concept of property rights. The Civil Legislation of the Republic of Kazakhstan: Articles, Comments, Practice 17: 28-40. https://online.zakon.kz/Document/?doc_id=37395605#pos=6;-156.
[4] Baytin, M.I. 2005. The Essence of Law (Modern Normative Legal Understanding on the Verge of Centuries). Pravo i gosudarstvo.
[5] Bogdanova, N.A. 1986. Historical and Logical in Soviet State Law. Methodological and Theoretical Problems of Legal Science. Moscow University Press.
[6] Butenko, S.S. 2016. Features of methodology of research of property issues. Legal Psychology 2(19): 58-68.
[7] Elentukh, I.P. 1989. Integrity of Methodological Analysis of Fundamental Problems of Specific Sciences. Publishing House of the TSU.
[8] Hins, G.K., Alekseyev, S.S., Nersesyants, V.S., and Lytvynov, O.M. 2019. Methodology and Innovation of General Theoretical Jurisprudence. Feniks.
[9] Karamysheva, N.V. 1987. Social Transformation of Scientific Knowledge (Philosophical Aspect). Vyshcha shkola.
[10] Kerimov, D.A. 1972. Philosophical Problems of Law. Manuskrypt.
[11] Kerimov, D.A. 1983. The Philosophical Encyclopedic Dictionary. Nauka.
[12] Kirillov, V.I. 1973. The categories of dialectics and their role in cognition. Trudy VUZI 3: 28-35.
[13] Kisel, V.Y. 2015. Genesis of ideas about the essence of property rights: history and modernity. Current Problems of Historical and Legal Science 1: 115-118.
[14] Klymenko, O. 2013. Scientific reflections in the development of legal theory of property. Scientific Notes of the Institute of Legislation of the Verkhovna Rada of Ukraine 4: 55-60.
[15] Koroleva, A.V., Sabinina, A.S., and Lebedev, S.O. 2014. The problem of property in the Russian philosophical tradition. International Journal of Experimental Education 6: 138-139.
[16] Koziubra, N.I. 1990. The concept and structure of the methodology of legal science. In: Methodological Problems of Legal Science (pp. 5-19). Naukova dumka.
[17] Kozlovskyi, A.A. 2000. Epistemological nature of law (philosophical and legal analysis). PhD diss., Yuriy Fedkovych Chernivtsi National University.
[18] Lafarg, P. 1925. Property and Its Origin. Ural-kniga.
[19] Lapteva, L.S. 2007. Some issues of the methodology of historical and legal studies. Bulletin of the Moscow State University: Law Series 6: 43-48.
[20] Lazar, Y. 1985. Property in the Bourgeois Legal Theory. Yuridicheskaya literatura.
[21] Lebedev, S.A. 2009. The subject and structure of modern philosophy of science. Vestnik MSU 1: 3-25.
[22] Oborotov, Y., Ovchinnikova, A.P., and Zavalniuk, V.V. 2019. Methodology and Innovation of General Theoretical Jurisprudence. Phoenix.
[23] Pavlenko, Y.A. 2003. Logical and methodological aspects of knowledge engineering in jurisprudence. PhD diss., Yaroslav Mudryi National Law University.
[24] Prystansky, I.S. 2007. Civilizational and formational approaches in the science of state history and law: advantages and disadvantages. Bulletin of the Moscow State University: Law Series 6: 34-36.
[25] Rabinovich, P.M. 2003. Transformation of the methodology of domestic jurisprudence: achievements and problems. Legal Ukraine 1: 20-25.
[26] Rohozhyn, A., and Tyaglo, O. 1998. Towards the newest methodology of Ukrainian law. Law of Ukraine 7: 123-126.
[27] Saveliev, V.A. 1990. Legal concept of property in ancient Rome and modernity. The Soviet State and Law 8: 135-140.
[28] Sheptulin, A.P. 1967. System of Categories of Dialectics. Nauka.
[29] Shershenevych, G.F. 1896. Definition of the Concept of Law. Typo-Lithography of the Imperial Kazan University.
[30] Shimon, S.I. 2012. Property rights in the context of modern concepts of property rights in civilistics. Journal of the University of Law of Kiev 2: 192-195.
[31] Slyvka, S., 2001. Ukrainian National Philosophy of Law: An Ontological View. Volia.
[32] Smirin, V.M. 1988. Roman ‘familia’ and the Romans' ideas about property. In: Life and History in Antiquity (pp. 18-40). Nauka.
[33] The Civil Code of Ukraine. 2003. The legislation of Ukraine. https://zakon.rada.gov.ua/laws/show/435-15
[34] Ustimenko, V.A. (Ed.) 2014. Public Property: Problems of Theory and Practice. Desna Polihraf.
[35] Vasiliev, A.M. 1973. Legal categories and their place among the categories of social sciences. Proceedings of the All-Union Correspondence Institute of Law XXII: 76-200.
[36] Vladimir-Budanov, M.F. 1915. Review of the history of Russian law. N.Ya. Oglobin.
[37] Yakushev, M.V., and Voinikanis, E.A. 2004. Information. Property. Internet. Tradition and short stories in modern law. Walters Clover. http://www.nnre.ru/kompyutery_i_internet/informacija_sobstvennost_internet_tradicija_i_novelly_v_sovremennom_prave/index.php.
[38] Yavich, L.S. 1970. Dialectics of Form and Content in Law. Publishing house of LSU.
[39] Zharovska, I.M. 2015. Concerning problems of methodology of the theory of the state and the law. http://ena.lp.edu.ua/bitstream/ntb/32101/1/23-138-141.pdf.
[40] Ziuz, D. 2017. Genesis of the Institute of Property and the role of the state in the transformation of property relations. Efficiency of Public Governance 2(51), Part 1: 102-110.
Published
2019-06-30
How to Cite
KIZLOVA, Olena S. et al. Philosophical and Methodological Basis of the Property Institute Study. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 3, p. 809-818, june 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4676>. Date accessed: 03 dec. 2024. doi: https://doi.org/10.14505//jarle.v10.3(41).16.
Citation Formats
Issue
Vol 10 No 3 (2019): JARLE Vol X Issue 3(41) Summer 2019
Section
Articles

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