In the introduction it is recommended to describe empirical basis thesis, which can be made up of official documents and other materials of the organization, including corporate publications; statistical data; materials from sociological, marketing, cultural and other studies; media materials, incl. periodicals, radio and television, the Internet; results of expert surveys, etc.
Scientific novelty work consists, first of all, in the discovery of new laws, patterns, dependencies, properties, phenomena, research methods, new technologies, their justification, etc. Even if this is present at least partially, we can talk about the scientific novelty of the work. Novelty can also be associated with already formulated, old ideas, theories, concepts, methods, if there is their deepening, specification, additional argumentation, demonstration of possible use in new conditions, in other areas of knowledge and practice.
Elements of novelty of research can be in the simplest forms: a problem posed and considered for the first time or a new formulation of a known problem; new formulation of known problems or tasks; new results of theory and experiment, their consequences, etc.
Practical value or the practical significance of the thesis is determined by how, where and for whom the obtained theoretical and practical results, collected information, prepared proposals and recommendations will be of interest; in the activities of which organizations, enterprises, institutions can be found practical use graduation materials.
Evaluation practical significance Thesis work, as a rule, should be given by the head or specialist of the organization on the basis of which this work was carried out, or by an official reviewer in his conclusion.
The final element of the introduction is description of the thesis structure : title of chapters (sections), number of paragraphs in chapters, indication of the presence of a list of used literature and applications in the work. This description is given in accordance with the “contents” section of the thesis.
Main part of the WRC
First chapter The thesis is traditionally devoted to methodological and theoretical issues of the chosen topic. Here it is important to formulate or clarify key concepts and terms, ideas, theories and concepts that are basic to the work; describe the different approaches or points of view available on the problem stated in the study, relevant arguments, etc. It is important to express and justify your own scientific approach, your vision and assessment. Only in this way can the author of the thesis demonstrate his own research “I”, his contribution to the study and disclosure of the problem being studied.
In the thesis research, one must strive to identify cause-and-effect and other regular connections and relationships in order to understand, explain and predict the development of the object under study.
A typical mistake The theoretical part of the work is the author’s desire to include as much as possible everything interesting that he found in the literature. This is completely unnecessary. Moreover, this suggests that the author did not understand the specifics of his topic and problem situation, and poorly stated or did not understand the purpose and objectives of the study. It should be taken into account that the work is assessed not by the number of pages, but by the principle of logical structure of thought and the necessary sufficiency of material.
A special form of factual material is borrowed statements - quotes contained in various sources, which are used to convey without distortion the thoughts of the author of the original source, to identify views when comparing different points of view, etc. Based on their content, it is possible to create a system of convincing evidence necessary for an objective characterization and presentation of the issue being studied. Quotes can also be used to confirm certain provisions of the work. In all cases, the number of quotations used should be determined by the needs of the topic development. Quotations should not be overused; their abundance can be perceived as an expression of the weakness of the author’s own position.
The theoretical chapter(s) should contain conclusions that are a logical transition to the next parts of your thesis. So, for example, the conclusions from the theory chapter provide insight into which perspective you are taking as the basis for applying it to the research chapters.
Chapter two diploma work – “practical” (applied, project). Here, as a rule, practical issues related to the activities of some real organization (company, enterprise, institution, social structure, etc.) or a real process, a phenomenon of social life are considered.
This part of the work contains mainly material collected by the student. This chapter shows how a graduate student can independently collect, describe, classify, interpret empirical material and draw conclusions; to what extent he can design, plan, consult, recommend, and creatively solve practical problems in the field of public relations.
This chapter should contain and clearly present qualitative and quantitative indicators, for example, in the form of tables, diagrams, graphs, etc. This part of the work allows you to evaluate creativity in solving a problem and the ability to present material. Therefore, tables, diagrams, pictures, graphs, diagrams, etc. are appropriate and even sometimes necessary here. True, their number should not be abused, and everything that is not absolutely necessary in the main text of the thesis can be transferred to the appendix.
All chapters of the thesis conclude with brief conclusions.
Conclusion of the WRC
The text of the conclusion should state, step by step, in a brief form, the solution of the problems and the achievement of the goals of the thesis stated in the introduction. The conclusion should not be formal and as brief as chapter conclusions; it should be detailed, contain conclusions on the main directions or aspects of the study and general results diploma work.
When preparing the text of the conclusion, you need to abstract from the little things, from secondary issues and intermediate results. On the contrary, one must see and express the main, essential, fundamental thing that has been done; and also show something new, original, which distinguishes this work from other similar ones.
VKR application
The appendix is a desirable component of the thesis because it contains supporting or Additional materials, which illustrate and supplement the main text of the work.
Applications can be various materials: survey questionnaires, sociological survey data, photocopies of articles, tables, diagrams, graphs, charts, copies of documents, contracts, etc. Applications may include scripts of radio and television programs analyzed or mentioned in the text of the course work, printouts of Internet materials, transcripts of radio and teletext.
Appendices are drawn up after the list of references and are arranged in the order of references in the text. Each application begins on a new sheet with a designation on the right top corner the word "Application". Applications must be numbered sequentially, in Arabic numerals (for example, “Annex 5”) and have a title. If there is only one application, then it is not numbered.
If the application is made on sheets of a different format than the text part of the work, then it should be folded in A-4 format. Supplements do not count towards the specified scope of the thesis.
Language and style of the WRC
The thesis belongs to the research genre. Therefore, it should be written in a scientific style, in the third person.
Must be actively used general scientific terminology and conceptual apparatus , the corresponding discipline.
The text of the work must be logical A narrative sequence justified by the author's intention. In other words, the logic of presentation of the course work material must meet a certain standard.
It is recommended to avoid vague expressions, i.e. figures of speech that seem to confirm statements, but do not refer to verifiable sources, for example, such phrases: “there is a widespread belief that...”; “many people believe that...”; “scientists have proven that...”, “according to critics,...”.
The main requirement for the style of presentation of the thesis materials is impartiality and impartiality , objectivity . The point is that phenomena should be described and analyzed without subjective preferences from the standpoint of “like it or not.” If there are several different views on the object and subject of research, then they should be mentioned, or they should be briefly stated, citing sources.
Scientific style is also manifested in following accepted standards for writing alphabetic abbreviations, designing tables, drawings, graphs and all work in general.
Requirements for registration of VKR
Requirements for the preparation of the thesis, including the rules of abbreviations and tables, are set out in Appendix 3.
Feedback and review of the thesis
The supervisor's review form and the review form for the final qualifying work are presented in Appendices 7 and 8.
1. Verba S., Nie N., Kim J. Participation and Political Equality: A Seven-Nation Comparison. N.Y. 1978.P.46.
2. Milbrath L. Political Participation. Chicago. 1965.
Example 2 – Description of the theoretical basis of the study
The interdisciplinary nature of the subject of research involves the use of two theoretical approaches as a methodological basis: a systemic analysis of youth policy and the foundations of juvenile knowledge.
Systems approach to the analysis of politics involves the study of the activities of state power as a system of interconnected elements that are in constant interaction with the external environment. The systematic approach in this study made it possible to holistically analyze state youth policy as a system of relations between government bodies of various branches and levels and youth as one of social groups.
The theoretical basis of this study, along with system analysis, was a relatively new scientific paradigm - juvenology, interdisciplinary knowledge about the mechanisms of formation of the younger generation in the dialectical relationship of social, spiritual and biological principles. The use of juvenile science allows us to comprehensively consider young people as a special socio-demographic group going through an important stage of socialization.
9. Description of the empirical basis of the study
To justify the conclusions in the work, it is necessary to resort to a description of empirical facts. Depending on the object of your research, these facts may be reflected in documents, in the opinions and attitudes of people, representatives of certain social groups, in expert assessments, etc.
To describe the empirical base, determine what documents you need, what information will be useful to you? What people's opinions would be important to know to support your conclusions? Do you know this opinion? Has such a study been carried out?
Describe the empirical basis of your study using a table.
Table - Description of the empirical base
|
The empirical base will be |
Characteristic |
What social facts are recorded in them? |
|
Documentation |
Regulations | |
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Official documents of authorities, organizations, institutions | ||
|
Statistical data | ||
|
Media reports | ||
|
Unique documents | ||
|
Other types of documents | ||
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Research results |
Mass polls | |
|
Expert surveys | ||
|
Other studies | ||
|
Results of our own research | ||
Example - Description of the empirical basis
The empirical basis for studying forms of youth participation in the public life of Russian society includes several types of documents:
Legislative acts, documents of government bodies and political parties: Federal laws of the Russian Federation, Strategy of state youth policy in Russian Federation, Law of the Krasnodar Territory No. 123-KZ of March 4, 1998 “On state youth policy in Krasnodar region”, Law of the Krasnodar Territory N 1628-KZ dated December 26, 2008 “On amendments to the law of the Krasnodar Territory “On the regional comprehensive program for the implementation of state youth policy in the Krasnodar Territory “Youth of Kuban” for 2008 - 2010”, etc.;
Statistical data: electoral and other statistics (data from the Central Election Commission);
Materials of sociological research, first of all, are data from studies conducted in 2004 - 2009 by the All-Russian Center for the Study of Public Opinion (VTsIOM), the Public Opinion Foundation (FOM), the Liberal Mission Foundation, the All-Russian Sociological Service "Levada - Center", research project EUYOUPART, conducted at universities in 8 member countries of the European Union, various information materials: publications of foreign, Russian and regional press.
When writing a paper, students must use legal practice data, including published ones, which allows them to substantiate the theoretical conclusions of their work, discover shortcomings in the activities of practical bodies, reveal their causes, outline possible ways and means of eliminating them, and make their proposals for improving legislation and legal activities. All this shapes empirical basis of the study.
It is necessary to carefully prepare for the study of practice: study the relevant legislation, regulations of ministries and departments, Resolutions of the Constitutional Court of the Russian Federation, guiding clarifications of the Plenum of the Supreme Court of the Russian Federation, analyze statistical data on issues of interest for previous periods of time.
On the topic of course work, final qualifying work, it is imperative, as far as the topic allows, to study and summarize published judicial practice for a certain period, using for this purpose the “Bulletin of the Constitutional Court of the Russian Federation”, “Bulletin” and “Bulletin” of the Supreme Court of the USSR, “Bulletin of the Supreme Court of the Russian Federation” and “Bulletin of the Supreme Arbitration Court of the Russian Federation”, as well as various collections of judicial practice and materials of official statistics. In addition, these materials are available in legal reference systems and on the official websites of the Constitutional and Supreme Courts of the Russian Federation, the Kursk Regional Court and district courts Kursk region, Judicial Department at the Supreme Court of the Russian Federation, the General Prosecutor's Office of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Investigative Committee of the Russian Federation and other federal authorities: www.ksrf.ru, www.supcourt.ru, www.oblsud.krs.sudrf.ru, www. cdep.ru, www.genproc.gov.ru, www.mvd.ru, www.sledcomproc.ru, respectively, and others.
When writing coursework, if possible, and final qualifying work is mandatory, students must use not only data from published practice, but also conduct personal study and generalization of forensic investigative practice. Such study is carried out according to a pre-developed plan (program) agreed with the supervisor. A study of practice in relation to the chosen topic may include the following components: statistical data, materials summarizing the work of the court, prosecutor’s office, preliminary investigation bodies in specific regions, data from a sociological study (questionnaires, testing of practical workers in current problems topics), examples from individual criminal cases confirming certain conclusions of the author.
Materials of judicial practice(both published and personally collected) must be analyzed student. Their mechanical reproduction in work without any comments is not allowed. The given examples from practice must be related to the specific situation of the work, the text of the work must contain an analysis of each cited source, characterize its significance for the topic under consideration. In this case, the student can be provided with some assistance guidelines on the generalization of forensic investigative practice in course and diploma research, developed at the department of criminal procedure and criminology.
Coursework and final qualifying papers must contain at least 3 analyzed judicial, administrative, investigative decisions or protocols of judicial, investigative, administrative actions, as well as materials from independently conducted sociological research, analysis of official statistics, etc. on the chosen topic, adopted, produced or reflecting period no later than 2 years before the start of work. If necessary (carrying out a comparative analysis, the need to illustrate changes in the practice of applying legislation, other similar cases), it is allowed to use an empirical base dating back to an earlier date.
5. Logical and legal structure of the work. Planning
Coursework, final qualifying work are carried out in the form text document - explanatory note, which can be supplemented, if necessary, with graphic material, both included and not included in the application to the work (drawings, diagrams, algorithms, graphs, demonstration sheets (posters), illustrations, photographs, slides, electronic presentations made in the Microsoft software environment PowerPoint) collected or prepared while performing the work.
The main part of the work itself can be accompanied by illustrations (graphs, sketches, diagrams, diagrams, etc.) and should briefly and clearly disclose:
The creative intent of the work, the stated goals to be achieved, or the requirements that the work must satisfy;
Statement of the problem, selection and justification of the way to solve the problem and methods for its implementation;
Analysis and specification of the solution;
Generalization of materials from legal practice;
After a preliminary study of the literature, you should draw up rough plan(or several plan options). As the literature or regulatory material is studied, the plan may be refined and changed (the list of questions on the topic may be narrowed or supplemented). The final work plan is agreed upon with the supervisor.
The plan can be simple, when the topic of the work is divided into chapters or questions, without division into smaller sections, or complex, when each chapter is divided into paragraphs.
Course work, graduation qualifying work should include structural elements in the following sequence:
Title page;
Exercise;
Abstract;
Introduction;
The main part is the research section;
Conclusion;
List of sources used;
Applications (if necessary).
Scope of coursework should be 25-30 pages.
Minimum volume of final qualifying work(without attachments) is:
For a bachelor's degree program – 70 pages;
According to the specialty program – 80 pages;
For the master's program – 90 pages.
Title page.
The forms of title pages are given in the appendices to these recommendations:
Coursework - Appendix D;
Final qualifying work for the bachelor's program - Appendix E;
Final qualifying work for the specialty program - Appendix G;
Final qualifying work for the master's program - Appendix K.
Formulation of the topic in the assignment and title page The final qualifying work must strictly comply with its wording in the university order in the form given in Appendices A, B, C, D to these recommendations.
Exercise.
The assignment for coursework and final qualifying work is mandatory and contains the initial data necessary to solve the assigned tasks, ensuring the possibility of implementing the accumulated knowledge in accordance with the level vocational training student.
The completion of the final qualifying work can be carried out on specific materials from judicial and law enforcement agencies, bar associations, which are the basis for educational, industrial and pre-diploma internships. The student must accept Active participation in the formulation of the assignment by the supervisor.
The supervisor of the work, together with the student, formulates a task corresponding to the topic of the course work or final qualifying work, which the student draws up in accordance with the requirements of these methodological recommendations(Appendices A, B, C, D to these recommendations).
When filling out section 3 of the forms given in Appendices A, B, C, D to these recommendations, you should indicate the main regulatory legal acts on the basis of which the work is written.
Section 5 of the forms given in Appendices A, B, C, D to these recommendations is filled out if the preparation of graphic material is necessary when performing this work. If there is no need to prepare graphic material, then in section 5 of the forms given in Appendices A, B, C, D to these recommendations, it is written: “not provided.”
The assignment form must be filled out handwritten or typewritten.
Abstract.
An abstract for a course work or final qualifying work is mandatory and is placed on a separate sheet (page). The recommended average length of an abstract is 850 characters. The abstract should not exceed one page.
The title is the word “Abstract” (for an abstract on foreign language– corresponding foreign term).
The abstract must contain:
Information about the volume of work, the number of illustrations, tables, applications, sources used, graphic material;
List of keywords;
Abstract text.
The list of keywords should include from 5 to 15 words or phrases that best characterize the content of the work and provide the possibility of information retrieval. Keywords are given in the nominative case and written in lowercase letters in a line separated by commas.
The text of the abstract should reflect:
Object of research or development;
Goal of the work;
Method or methodology for conducting work (research) and equipment;
The results obtained and their novelty;
Application area;
Social significance, economic or other efficiency of work;
If the work does not contain information on any of the listed structural parts of the abstract, then it is omitted, while the sequence of presentation is preserved.
The presentation of the material in the abstract must be concise, accurate and comply with the provisions of GOST 7.9-95. Complex grammatical expressions should be avoided.
Materials presented on technical storage media must be listed in the table of contents, indicating the type of media, designations and names of documents, names and formats of the corresponding files, as well as the location of the media in the work.
Introduction.
The introduction should reveal the main idea of the course work, final qualifying work. In him:
The choice of this topic is justified;
The relevance of the topic, its theoretical and practical significance are formulated;
The main directions of development of the problem in the literature are outlined, or vice versa, the lack of development or debatability of this problem is noted;
Goal and tasks;
Subject and object of research (except for course work);
Analysis of used literature and sources;
Indicate your attitude to the chosen topic.
In the introduction of the final qualifying work for the master's program, it is also recommended to formulate elements of educational and scientific novelty and provisions submitted for public defense, as well as summarize the results of scientific and practical testing of the work.
The last sentence in the introduction: “The course work (final qualifying work) consists of an introduction, ... (number of) chapters, a conclusion, a list of sources used.”
The volume of introduction should not exceed 10 percent of the size of the main part of the work.
Legal and empirical basis of the study.
The legal basis for this study was made up of: historical legal documents, current domestic legislation, including the Constitution of the Russian Federation, federal laws and by-laws of the Russian Federation, legislation of the constituent entities of the Russian Federation, international treaties, bills on the topic of research, foreign legislation.
The empirical basis of the work was: materials of judicial practice; law enforcement practice of the Federal Tax Service of Russia and other federal executive authorities, bodies maintaining registers of small and medium-sized businesses - recipients of support; statistical and sociological data, as well as experience of one’s own practical activities in the field under consideration.
Scientific novelty of the dissertation research is that it carried out a theoretical analysis of the legal mechanisms of legitimation of business entities, including a study of state registration of business entities as a general mechanism of legitimation, accreditation as a special mechanism of legitimation applied to individual business entities, as well as a study of the legal problems of the current legitimation procedure small and medium-sized businesses.
The work defines the content of the concept of “legitimation of business entities”; a system of legal mechanisms for legitimizing business entities is presented; A comparative study of the mechanisms of state registration and accreditation of business entities was conducted.
The dissertation analyzed the latest changes in legislation on state registration and accreditation of business entities, studied the content of the most significant legislative initiatives for the field of study, as a result of which the main factors determining the directions of development of the relevant legal regulation were identified, conflicts and gaps were discovered, and proposals were formulated for its improvement.
The conducted research allowed us to formulate and justify the following theoretical provisions submitted for defense:
1. At the present stage, within the framework of the field of business law, an institution of legitimation of business entities has been formed, which is complex in nature. The subject of regulation of this legal institution is social relations arising in connection with the creation commercial organizations, state registration of individual entrepreneurs, opening of branches and representative offices of foreign legal entities, as well as the acquisition of special legal status by business entities.
2. Legitimation of business entities is a set of legal procedures aimed at recognition by the state of the facts of the emergence of business entities, their acquisition of the status necessary for the legal implementation of business activities, as well as providing individual business entities with a special status giving the right to carry out certain types of business activities and use benefits and guarantees provided for by applicable law.
3. It is advisable to apply the explicit normative procedure for legitimation, which provides for verification of compliance with the procedure for creating a legal entity and the compliance of its constituent documents with the law, in relation to both non-profit and commercial organizations. The declarative procedure for legitimation is acceptable for individual entrepreneurs. The permitting legitimation procedure must be used in relation to certain types of commercial organizations, branches and representative offices of foreign legal entities, as well as to provide business entities with a special legal status as a result of their accreditation.
4. State registration and state accreditation as legal mechanisms for the legitimation of business entities are administrative procedures, the implementation of which allows the entity to begin carrying out entrepreneurial activities in a certain capacity and at the same time presupposes the ability of the state to verify the legality of the corresponding claim, and in the case of accreditation, also the competence of the entrepreneur , its compliance with special qualification requirements. A specific feature of accreditation is the state’s expression of special trust in accredited persons. Other significant differences that make it possible to clearly define the scope of application of each of these mechanisms of legitimation are: the circle of addressees; declarative or permissive nature of the procedure; presenting a claim to a newly created or existing entity; the period for which legal status is granted.
5. State registration and state accreditation have two main goals - the emergence of general or special legal personality of individual entrepreneurs and legal entities, as well as the introduction of their activities within the framework outlined by law, which allows these mechanisms to perform legitimation, control and accounting, information and protective functions.
6. The classification of state registration of legal entities and individual entrepreneurs as state services, understood as activities to implement the functions of the federal executive body, which is carried out at the request of applicants, does not allow us to distinguish between the control functions of the registration body and the actual provision of state services, which in this case acquires a compulsory nature . It is advisable to define as a public service the acceptance of documents for state registration and the issuance of documents confirming its implementation, and not state registration in general. It is also necessary to consider the provision by the registration authority of information and documents contained in the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs as a public service.
7. Full implementation of preliminary control over the legality of the creation of business entities requires, at the stage of establishing legal entities, verification of the compliance of their constituent documents with the law, as well as compliance with the procedure for their creation, for which it is proposed to give notaries the authority to certify constituent documents, minutes of general meetings (decisions) of the founders (participants, shareholders), recording their expression of will to create new legal entities, reorganize and liquidate existing legal entities, make changes to their constituent documents or information contained in the Unified State Register of Legal Entities. It seems possible to vest a notary with the authority to verify the legal capacity of individuals when certifying the signatures of citizens on applications for state registration as an individual entrepreneur.
8. The procedure for state registration of legal entities and individual entrepreneurs includes the following elements: terms and place of state registration, procedure for submitting documents, procedure for making a decision on state registration, as well as grounds for refusal of state registration. Isolating these elements of the state registration procedure makes it possible to distinguish the establishment of a special procedure for registration of certain types of legal entities (banks, non-profit organizations) from cases of unlawful establishment in legislation of requirements for the submission of additional documents for state registration.
9. State recognition of the status of small and medium-sized businesses due to their compliance with the criteria established by law presupposes preliminary confirmation of this status in the event of applying for support or using benefits provided for by law, which negates the advantages of this legitimation mechanism. It is advisable to ensure that the registration authority enters information on the compliance of a business entity with the criteria for classification as a micro-enterprise, small or medium-sized enterprise in the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs, which should eliminate additional requirements for confirmation of legal status.
Taking into account the above theoretical provisions, as well as the identified gaps in legal regulation, it is proposed to make changes to the current legislation.
Theoretical and practical significance of the research due to the relevance, novelty of the topic, theoretical and practical conclusions and proposals. Based on a comprehensive and comparative legal research, the author shows the system of legal mechanisms for legitimizing business entities, identifying the relationship between general and special mechanisms of legitimation, which can be used in further scientific research.
Theoretical conclusions and practical recommendations, substantiated in the work, develop and complement certain provisions of the science of business law, can be used to improve the current regulatory framework in the field of state registration and accreditation of business entities, providing support to small and medium-sized businesses, in law enforcement, as well as V educational process as educational material on business law.
Testing and implementation of research results. The work was prepared at the Department of Business Law of the Moscow State Law University named after O.E. Kutafina (MSAL), where it was discussed and reviewed.
The main results of the study were reflected in 8 scientific publications of the author, 3 of which were published in leading peer-reviewed scientific journals recommended by the Higher Attestation Commission of the Russian Federation. Certain theoretical provisions and practical recommendations were presented by the author at the II Annual All-Russian Scientific and Practical Conference “Law and Business: Legal Support for a Favorable Business Climate in the Russian Federation”, dedicated to the 75th anniversary of the birth of Professor A.G. Bykova (Moscow, 2013).
The results of the study are used in the educational process at the Moscow State Law University named after O.E. Kutafin (MSAL) during seminars, practical and lecture sessions in academic disciplines of the Department of Business Law, as well as during lectures on the professional retraining program “Jurisprudence”.
The dissertation was prepared within the framework of the Strategic Development Program of the Moscow State Law University named after O.E. Kutafina (MSAL), research work “Optimization of the legal environment for business in the conditions of modernization and innovative development of the Russian economy”, research work “State regulation of economic activity in the conditions of Russia’s membership in the WTO, the Eurasian Economic Community and the Customs Union” (project No. 2.1.1.1), and also within the framework of the research work “Optimization of legal support for small and medium-sized businesses in the system of conditions for improving the conduct of business activities,” carried out with the support of the Ministry of Education and Science of the Russian Federation, agreement 14.B37.21.1019 dated September 7, 2012.
Dissertation structure determined by purpose and objectives. The work consists of an introduction, three chapters combining eleven paragraphs, a conclusion and a bibliography.
II. Main content of the work
In the introduction the relevance of the chosen research topic is substantiated, the degree of its development is analyzed. The goals, objectives, object and subject of the research are determined, the methodological and theoretical foundations of the research are characterized, the scientific novelty and provisions submitted for defense are formulated, information about the testing of the research results, the theoretical and practical significance of the work is disclosed.
ChapterI“Doctrinal and legal basis for the legitimation of business entities” includes three paragraphs.
In the first paragraph of the chapterI“Historical and legal aspects of legitimation of business entities” the main provisions of the procedure for creating corporations in Ancient Rome, as well as in Western European states of the Middle Ages and the Reformation era, when the decisive role in this process was played by the state, initiating the formation of legal entities or giving the highest permission to their creation. Starting from the 19th century, private individuals began to be granted the right to freely form corporations, which, in turn, necessitates the state ensuring the legality of their emergence and activities, since private individuals, uniting in unions, simultaneously receive the opportunity to exert a significant influence on the life of society.
The solution to the issue of legitimation of legal entities in our country generally follows these trends, while having a certain originality due to the peculiarities of Russian history, including the enduring role of the state in economic relations. The very idea of legal entities was accepted by Russian law and practice quite late - only at the end of the 17th century, and the vehicle of this idea was public authorities, and the goal was the need to ensure the economic development of the country.
As a general trend, confirmed by both the experience of Western European countries and the experience of Russia, a consistent liberalization of the procedure for legitimizing legal entities and a differentiated approach to the creation of their various types was noted.
The study of the historical aspects of the legitimation of business entities - individuals showed that this category of entities faced the need for special legalization for engaging in entrepreneurship (trade, craft, and later industrial activities) much later than corporations.
Regulation of the status of trading entities in pre-revolutionary Russia was aimed, first of all, at ensuring the fiscal interests of the state and, although the legislation came close to the approach developed in Western European countries to acquiring the status of a merchant due to the very fact of engaging in this activity, but a decisive step in this regard was not done. The work substantiates the inappropriateness of using the experience of foreign countries in our country, where individuals acquire the status of a merchant by virtue of the very fact of engaging in this activity without special registration.
In the second paragraph of the chapterI “The concept, system of mechanisms and methods of legitimizing business entities” The author explores the controversial issue of the content of the concept of “legitimation of business entities.” In economic and legal doctrine, the term “legitimation” was first used by Professor V.S. Martemyanov in relation to state registration of enterprises and individual entrepreneurs. Disagreeing with the broad understanding of this term, which includes all general and special requirements that are imposed on starting a business activity, but do not affect the acquisition of the status of an entrepreneur (V.V. Toniyan), the author proposes to include in the scope of this concept the procedure for state registration of legal entities and individual entrepreneurs, as well as those procedures that provide a business entity with a special legal status.
The work proposes the concept of a mechanism for legitimizing business entities as a procedure provided for by law that guarantees the implementation of the right to carry out entrepreneurial activities within the framework of general or special entrepreneurial status through its recognition by public authorities. Comparative analysis the main mechanisms of legitimation of business entities made it possible to present them in the form of a system, classify them on various grounds (according to the circle of persons to whom they apply; legal or accounting nature; application or permitting nature of the procedure, etc.).
Having studied the main methods of legitimizing business entities, identified in legal science, based on the level of competence of public authorities in resolving this issue, the author determines their content and significance in various historical periods, as well as in modern conditions. For the purpose of providing business entities with a general legal status, the most effective seems to be the use of the self-regulatory method of legitimation. The permissive or permissive orientation of special mechanisms for the legitimation of entrepreneurship allows us to correlate each of them with its corresponding method of legitimation, for example: the appointment of an operator of the Unified Federal Register of information on the facts of the activities of legal entities - with the administrative method; licensing and accreditation of business entities - with a permitting method; mandatory entry of individual auditors and audit organizations into a self-regulatory organization - with a self-regulatory method, acquisition of the status of a small and medium-sized enterprise - with a self-regulatory method.
In the third paragraph of the chapterI« Regulatory legal support for the legitimation of business entities"” The system of normative legal acts defining the procedure for legitimizing business entities is considered. Legislation on state registration of business entities, licensing of certain types of activities and self-regulation have a fairly high degree of consolidation, in contrast to legislation regulating the accreditation of business entities or their inclusion in a special register.
Empirical basis for the study social phenomena
The role of empirical data in the study of social phenomena is enormous. A sufficiently in-depth study of the patterns of interest to a sociologist is impossible without relying on the analysis of specific facts in which these patterns, strictly speaking, are manifested. The “nutrient” medium for theoretical constructions is most often empirical material 1 . It is real empirical facts 2 that, as a rule, serve as a means of testing theories, suggest the extreme importance of their correction, and serve as the basis for the formation of new theoretical hypotheses.
What are sociological empirical data, ᴛ.ᴇ. data characterizing specific sociological facts; data in the form of which, strictly speaking, these facts appear before us? Data can be presented to the researcher in the form of:
Sets of numbers 3 that characterize certain objects (such sets can be, for example, production characteristics enterprises, age of respondents, school graduates’ assessments of the prestige of certain professions, etc.) 4,
Many indicators of certain relationships between the objects under consideration (for example, when studying production teams, such indicators could be the indications of each member of the team on whether he likes to work together with any other member of the same team; such data are often used when studying small groups [ Mathematical methods of analysis... 1989, chapter 4]),
The results of pairwise comparisons by respondents of any objects (such data are used in the method of paired comparisons [David, 1978] - a method of constructing scales that reflect the average attitude of the studied population of respondents to some objects).
A set of certain statements (for example, respondents’ answers to a question about their profession, what they like about government policies; letters from newspaper readers to the editor; excerpts from magazine articles, etc.),
Texts of documents;
One way or another, recorded results of observing the nonverbal behavior of some people, etc.
Most often in sociological research data is a set of values of any characteristics (characteristics, variables, quantities; we will consider these terms synonymous) measured for each of the objects under study.
We will not deeply analyze the meaning of the term “sign”, although there is something to talk about here (in our opinion, this concept requires special discussion; here we did not set such a goal for ourselves). We assume given meaning mostly intuitive. Let us note only a few points.
A characteristic is a quality that is not common to all objects, the specific manifestations of which (the meanings of the characteristic; they are also called alternatives, gradations), generally speaking, can vary from object to object. Examples of characteristics are gender, age of respondents, their satisfaction with their work, etc. The values of the “age” attribute can be 25 years, 48 years, 21 years. It is worth saying that it is important for us that the very introduction of almost any attribute is quite a modeling high level. Signs do not exist on their own; they are the fruit of our abstract considerations, ideal constructions. IN social sciences the corresponding abstraction process is sometimes very difficult. Its main stages are the identification of concepts (the process of their birth is no longer simple 5) and their implementation so-called. operationalization. An extensive literature is devoted to the process of operationalization of concepts 6 . We will not describe what the reader can glean from it. Let us only note that, in our opinion, it needs to be understood somewhat more broadly than is usually done. So, it makes sense to include, for example, various methods of scaling (for example, obtaining, on the basis of a direct survey of respondents, the values of some auxiliary characteristics and subsequent transition to other, latent variables by constructing indices, as is done, for example, when constructing the well-known Likert scales).
In practice, the problem of operationalization is most often divided into two: the choice of features that are indicators of concepts, and the choice of a set of values for each feature (for example, having chosen the feature “age” as one of the indicators, we can consider it “continuous” and ask each respondent indicate the whole number of years lived; or we can assign a number from 1 to 5 to the respondent based on the age range the respondent falls into: from 15 to 25 years, from 25 to 35 years, ..., over 55 years; it is quite possible that we will divide All people are divided into only two groups - up to 30 years and older, etc.). Below (section 1.3) we will show that in the process of operationalization it makes sense to also include a procedure for determining the type of scales used to obtain the values of observed characteristics. Let us also show that this process cannot be carried out in isolation from data analysis and interpretation of its results.
When conceptualizing concepts, issues that by no means lie on the surface must be resolved. On the contrary, successful operationalization involves a transition to a sufficiently deep conceptual level of consideration of the subject of research, in which the features are perceived as a reflection of the parameters of analysis relevant to the goals of the study, and the meanings of the features - as a result of dividing each parameter into certain categories, key concepts of the study.
We also emphasize that, as is known, when obtaining information from a respondent, a huge role is played not only by the list of gradations of answers to the questions of the questionnaire, but also by the order in which these gradations are mentioned, the specific choice of words when formulating them, the preamble to the question, the order of questions in the questionnaire, and etc. (see, for example, [Mosichev, 1996; Questions and answers..., 1996]). We will not talk about all this, implicitly bearing in mind the extreme importance of solving the relevant problems.
The question of the very existence of a feature, of the interpretation of its meanings can sometimes be very subtle (see, for example, the work [Noel E., 1993], the author of which, despite the purely practical orientation of the book, considers it necessary to stipulate the corresponding theoretical issues, introduces the concept " thinking with signs" and analyzes the pros and cons of the transition to such thinking).
Next, we will consider the situation when each studied object appears before us in the form of a sequence of numbers - the values of certain features for it. Such data is usually specified in the form of an “object-attribute” table (matrix), the rows of which correspond to objects (for example, respondents), and the columns correspond to characteristics (for example, each column corresponds to respondents’ answers to one of the questions in the questionnaire). An example of such a table is presented below.
Table 1
Example of an "object-attribute" table
When using multidimensional data analysis methods, the same information about the original objects is often presented in the form of a fragment of the so-called feature space: the axes of such a space correspond to the features under consideration, and each object is represented as a point, the coordinates of which are the values for this object of the features corresponding to the axes. Below is an example of a two-dimensional feature space (Fig. 1),
Rice. 1. An example of a two-dimensional feature space.
The marked points correspond to respondents whose coordinates are given in Table 1
the axes of which correspond to the characteristics of “age” and “job satisfaction”, and the coordinates of the objects correspond to the data in Table 1.
We emphasize that such a representation of the objects under study, being the initial one for data analysis algorithms, actually hides (should hide!) behind it the deep preliminary work of the researcher to understand what and why he is studying (we will consider this point in some more detail in section 1.3 ). Many authors pay attention to this fundamental point. For example, Chesnokov talks about the deep fundamental significance of the “object-attribute” matrix. Batygin writes about that. that "... a three-component logical-semantic structure, including an object, a variable and its value, constitutes a unique... format of organized knowledge, forming a data matrix familiar to a sociologist" [Batygin, 1986, p. 135].
So, we are faced with a certain sociological task and we believe that to solve it it is extremely important to study a certain amount of data about certain objects. For example, suppose that we have 1000 completed questionnaires in front of us, each of which contains 50 questions addressed to the respondent 7 . Let's assume that we guess that these data hide patterns that interest us (we believe that the questions included in the questionnaire were carefully thought out, linked to research hypotheses formulated in advance, etc.). But how can we “fish out” them from the huge number of numbers that we have at our disposal? How not to “get lost” in this sea of information? How can we “cut through” all this boundless data and be able to see what interests us? Let us note that the problem of finding a way to “sail” the described “sea” does not arise only for a researcher who is not familiar with data analysis methods. The fact is that the specificity and complexity of social phenomena leads to numerous difficulties in analysis and makes it extremely important to have a very creative approach to its implementation. This will be discussed below.
The empirical basis for the study of social phenomena is the concept and types. Classification and features of the category "Empirical basis for the study of social phenomena" 2017, 2018.