General scientific methods of cognition.

Classification of general scientific methods. The classification is based on fixing two levels of cognition: empirical and theoretical, then all general scientific methods of cognition will be divided into three groups:

1. Methods of empirical knowledge (used only at an empirical level).

2. Methods related to the empirical and theoretical level of knowledge.

1. Methods of empirical knowledge.

The fundamental, initial method is observation - this is a sensual (mostly visual) reflection of objects and phenomena of the external world for obtaining scientific facts, using material means and instruments. Observation is not a passive contemplation, but a purposeful activity (with a certain fixation of some parameters). This activity is based on the sensory abilities of man, which allows us to fix the external properties and signs of objects. Three features: 1) purposefulness of observation (due to the presence of preliminary ideas or hypotheses that set the tasks of observation), 2) regularity (observations are carried out strictly according to the plan drawn up strictly in accordance with the objective of the study) and 3) activity of observation (the researcher actively searches, attracting for this their knowledge and experience and using means of observation). The following research observation procedures correspond to the listed features (the formal record is the manifestation of the researcher’s talent and creative work): determining the goals and objectives of the research, choosing an object and subject of research, choosing a method of observation that minimally affects the state of the object of observation, choosing a method for recording the observed parameters of the object, processing and interpretation of observation data.

Empirical description.

Every scientific observation is always accompanied by a description of the object of cognition; therefore, the method of empirical description is singled out separately. An empirical description is a fixation by means of a natural or artificial language of information about objects obtained as a result of observations (translation of sensory information into the language of concepts, the language of signs, diagrams, figures, graphs). The description of the results forms the empirical basis of science. Requirements for the description - the most complete, scientific and objective.

The empirical description is divided into qualitative and quantitative. Quantitative description is carried out using the language of mathematics and various measuring procedures. From this wording we extract the concept of a measurement method. Measurement is the definition of the ratio of the measured quantity to another quantity taken as a standard. And only with measurements, does natural science turn into science.

Experiment.

An experiment is a more complex method than observation, but it involves observation. Active, directed, purposeful participation is supposed. The experiment has a number of important features inherent only to it (in comparison with observation).

1. Allows you to study the object in a "pure" form by eliminating all kinds of side factors, deposits (for example, Galileo threw hard balls, tried to reduce friction by wrapping something around the ball).

2. At the entrance of the experiment, the object can be placed in some artificial conditions for a deeper and more comprehensive study of it (for example, ultra low or high temperature, pressure, vacuum).

3. The experimenter can intervene in the process under study, actively influence its course.

4. An important advantage of most experiments is their reproducibility (that is, they can be repeated as many times as necessary to obtain reliable results).

An experiment is a method of empirical knowledge that allows scientists to transform the studied object, create artificial conditions for its study, intervene in the natural course of processes and recreate the studied situation as many times as necessary to obtain an adequate and reliable scientific result.

2. General logical methods of scientific knowledge.

General logical methods of scientific knowledge are methods applied simultaneously at the theoretical and empirical levels (modeling, classification, comparison, analogy).

Analysis and synthesis.

Analysis is a method of cognition, consisting of logical techniques of theoretical or empirical division of a research subject into its elements, properties and relations. The analysis refers to the initial stage of any research, this stage is carried out in order to clarify the properties of the elements, as the basis for the subsequent disclosure of the regular relationships between them. The target forms of analysis include:

1. The division of the subject of research as a whole into parts, followed by the study of properties, structure, functions.

2. The selection of the totality of signs and properties of the analyzed objects, the study of the relationship between these ... (?)

3. Separation of many objects according to the generality of their properties, attributes into specific subsets.

The completion of the analysis procedure makes it possible to proceed to the reproduction of an object or system to integrity by logical synthesis of its constituent parts in order to reveal the causes and laws of the existence of these integrity.

Synthesis (Greek connection, combination, composition) is a method of cognition, consisting of logical methods of theoretical or empirical connection of the selected elements of an object into a whole (or into a system). It is not just a mechanical union of previously selected objects that takes place, they are generalized and thereby achieve the goal of identifying structural patterns, causal and other mechanisms of it ... (?) Synthesis involves its own forms of generalization of results:

1. The formation of scientific concepts.

2. The formulation of laws or laws of the existence of integrity.

3. The formation of systematizations or concepts that reflect the existence of integrity.

In some cases, the results of synthesis can become an empirical theory (for example, Mendeleev synthesized a table and an empirical class of theories appeared). Empirical theories reveal the essence of the first order, and knowledge of a higher order (2nd and 3rd), this is obtained by qualitatively different procedures (for example, an absolutely black body cannot be obtained by analysis and synthesis).

The methods of analysis and synthesis are interconnected, dialectically suggest and complement each other. Analysis is the moment of cognition of the whole, on the other hand, the precondition of synthesis is the cumulative empirical presence of the parts of which the subject of synthesis consists. All synthesized knowledge refers to the essence of the first order.

Induction and deduction.

Induction (lat. Guidance) is a method of scientific research associated with the movement of thought from individual facts (private premises) to a general conclusion (generalizing hypothesis). The basis of inductive inference is the repeatability of signs in a number of objects of a certain class. Therefore, inductive conclusions are a conclusion about the general properties of all objects of a given class based on the study of a large number of individual events. They are aimed at identifying something common in objects, acting as an objective regularity. Induction is divided into full and incomplete. The full general conclusion is based on knowledge of all subjects studied; however, if, due to the spatio-temporal limitation, the researcher can study only a part of the subjects - incomplete induction.

There are three types of incomplete induction.

1. Through a simple listing of facts (popular induction). Obtaining a general conclusion based on the observation of a limited number of facts if there is no case contradicting it among them. (For example, all swans are white - they thought so until they found black).

2. Induction through the selection of facts from their total mass according to a certain rule (used in statistical estimation methods - for some group they conduct a survey and report on the opinions of people).

3. Induction, carried out on the basis of knowledge of the causal relationships of phenomena within the studied class of phenomena.

Induction is the original form of inference, with its help a lot of knowledge is derived (the principle of uncertainty, the law of conservation of matter). Inductive generalization stimulates the thought of a scientist. In isolation, it does not work and interacts with previously proven knowledge.

When a sufficient number of generalizing facts, hypotheses, principles has been accumulated, the possibility of deduction appears.

Deduction - the logical derivation of new (scientific) knowledge from previously acquired knowledge. (These are all investigators - Sherlock Holmes, Colombo - solve the crime through evidence). The deduction inference is based on the scheme: all objects belong to the class m ... (?) (For example, all people are mortal, Socrates the man \u003d\u003e mortal).

The deductive method is not reduced to deductive inference. Orientation from general to particular can form a whole system. For example, mechanics is the law of inertia, the mechanics of a material point and ... (?)

Deduction (as a method of scientific knowledge) is a method of scientific research, which consists in the fact that new knowledge is derived on the basis of empirical theories, laws, principles, axioms or hypotheses obtained earlier by inductively generalizing observation and experiment data.

Induction and deduction are inextricably linked with each other, dialectically complement and mutually define each other. This is only a way of developing some provisions on the knowledge of initial knowledge, and since induction can carry a mistake, then deduction too. Deduction does not provide an opportunity to obtain meaningful new knowledge. The role of scientific deduction nevertheless is continuously increasing, especially in two directions:

1. Where science has to deal with phenomena directly inaccessible to sensory perception (microcosm, fast-moving processes).

2. In the development of the mathematization of science, mathematical and logical-mathematical theories, which are derived through deductive rules (deductive theories) based on some statements (?), And the method is axiomatic.

Abstraction.

Abstraction is a special kind of thinking, consisting in the abstraction (elimination) of a number of properties and relations of the studied subject with the simultaneous selection of only properties and relationships of interest to the subject. The result is various kinds of abstractions. Using this pattern, we can distinguish those properties that are important. Mathematical abstraction is a distraction from all sensual properties (softness, rigidity, taste), but quantitative certainty is preserved. An abstraction appears in the form of a sensually visual image (atom), in the form of an idealized object (absolutely black body) or in the form of judgment (this object is white), concepts (?) (Category of movement, space), in the form of law (negation of negation).

Classification.

Classification is a method of scientific research, which is based on the division and distribution of many objects into subsets, subclasses according to certain criteria. The classification is based on the logical operation of dividing the volume of a concept. The scope of a concept is a class of objects denoted by this concept.

The following types of classification are distinguished:

1. Natural and artificial are formed by the degree of materiality of the basis of division. Essential - are a source of knowledge about the object. For example, a periodic system of chemical elements. Non-essential (artificial) do not reveal substantial knowledge about the object. For example, a bibliographic index in a library.

2. Formal and substantive classification. Formal ones are focused on revealing some order in objects (hierarchy vertically or horizontally), while the informative ones are focused on revealing laws (classification of species of organisms) (???).

3. Descriptive and essential. Descriptive - captures the fact of the existence of the object, and the essential reveals the essential characteristics of the objects.

Modeling.

The method of modeling is the study of an object (original) by creating and examining a copy of it, which is called its model. The model replaces the original only in those characteristics that make up the subject of knowledge. The model always corresponds to the original only in those properties that are subject to study, it excludes all other properties and relations of the original that are not relevant at this stage, which makes the model convenient for research.

Modeling as a procedure includes the following steps:

1. Building a model, the goal is to create conditions for the full replacement of the original with an object by an intermediary reproducing its necessary parameters. When building a model, simplification, idealization, abstraction, etc.

2. The study of the model, the purpose of this stage is to obtain the necessary information about the model. The study of the model is carried out with the depth and detail that is required to solve a specific cognitive task. The researcher can make observations, describe, etc. with the model.

3. Transfer or extrapolation of simulation results to the original object, relying on the foundations of modeling, the method of analogy of knowledge about the original is supplemented with information about the study of the model. If there are inconsistencies, the model is corrected and everything is repeated, if the assessment of new knowledge is not confirmed by correspondence. In physical and mathematical models, correspondence is created in advance and the model is created adequate, then even if the results are not very satisfactory, the models are not subject to adjustment, but look for differences and use theoretical transfer methods.

Models are material (physical, social) and ideal (mathematical). In connection with an increase in the theoretical level, physical modeling loses its place and mathematical modeling becomes relevant, which is divided into:

1. Abstract.

2. Analogue.

3. Simulation modeling.

The characteristic is as follows.

1. Abstract modeling is based on the possibility of describing the phenomenon or process being studied in the language of a certain scientific theory (most often in a mathematical language). In the beginning, they give, as far as possible, a more clear and unambiguous description of what is happening, why, under what conditions, i.e. build an informational (descriptive) model of the process, which is then translated into a mathematical language (mat. language of a certain theory). Those. a logical-mathematical model is determined, and it is investigated as a functioning phenomenon. For example, in the physical model of the system, signs are distinguished, the behavior of the elements is described by diffusions, and they begin to explore. Such a model is isomorphic to a particular class of system.

2. Analog modeling is based on the isomorphism of phenomena (similarity of forms) having different physical nature, but described by the same mathematical equations. For example, using a computer, various processes in nature are simulated, which are also described as in machine electronics (thermal processes) (?). Laplace’s partial differential equation — hydrodynamic processes are described by an electric field. And the electric field is easier to investigate than hydrodynamic processes.

3. Simulation modeling. It consists in simulating on the computer the structure and functioning of the investigated object. There is no detailed description of the elements of the system, and the processes occurring in them are simulated in an integrated form, which allows you to determine only the basic data necessary for making a decision at a higher level. In simulation modeling, not only theoretical and ... (?) But also intuitive, informal information about the object is used as initial information, therefore, the role of the researcher (informal) is significant.

Generalization.

This method permeates all other methods.

Generalization is a way of highlighting the general properties, relationships and patterns of a certain subject area by moving to a higher level of abstraction and defining the corresponding concepts. It includes all the previously discussed methods, while they impose their significant imprint on certain levels and stages of generalization. Empirical and theoretical generalizations are distinguished depending on the tasks and level of research. Generalization is often called a special kind of abstraction or generalizing abstraction. However, they cannot be identified, because cognitive task is significantly different. The operation of generalization is the transition from a particular or less general concept or judgment to a more general one, expanding the class of objects and allows us to achieve new concepts.

3. Methods of theoretical knowledge.

These methods are used to reveal the causes and essence of the phenomenon (idealization, thought experiment ...)

Idealization.

Idealization is a type of abstraction in which the mental construction of extremely abstract objects is carried out, endowed with a minimum number of essential properties necessary for solving theoretical problems. Idealized objects, idealizations do not exist in reality, but they have a type in the material world. For example, a material point is an abandoned stone, or an absolutely black or solid body. The goal of idealization is to create constructions for models of a thought experiment. As a process, idealization is characterized by two theoretical procedures: 1) distraction from real properties and relationships, studied fragments of reality, and 2) introducing into the content of the concept of a mentally constructed object such signs that cannot belong to a real prototype.

So Galileo understood that it is impossible to artificially reproduce the natural process \u003d\u003e it is necessary to build a model.

A thought experiment.

A thought experiment is methods of theoretical investigation of an object, in its totality, forming an idealized model consisting of mental schemes and their interaction. In the course of such an experiment, objects are mentally placed in various situations, and in the course of this it is possible to establish laws that cannot be obtained experimentally. Classical research methods: Galileo, Einstein's method in deriving the position of the theory of relativity on the identity of inertial force and body gravity. He deduced this identity through a thought experiment - he imagined an elevator moving from the surface of the Earth to the center, an observer is sitting in it and suddenly the elevator breaks off, and the question is - what does the observer feel? The observer does not know that the cable broke, and does not distinguish that it is gravity or acceleration from falling. Next Sa? To Carnot? when researching a steam engine. He believed that there is a calorific and likens it to water and the temperature difference is the difference in levels, and then the work does not depend on the nature of the substance, but is measured by the product of the quantity of calorific by the temperature difference, i.e. limited by the temperature of the heater and refrigerator, which are both important. Further, this became the second law of thermodynamics.

Such experiments accompany all modern science.

Formalization Method (Formalization).

Formalization is a method of studying the content of an object using the identified patterns and relationships between the elements of its form. In the process of formalization, any substantive field (reasoning, evidence, the search for scientific information, etc.) is presented in the form of a formal system. In this system, the form is separated, abstracted from the content, the studied subject area is displayed in the sign systems of artificial languages \u200b\u200b(formulas). Such a model allows us to investigate the structural laws of the process occurring in it, while there is a distraction from qualitative characteristics. Undergo transformations with formal signs. Using formulas and obtaining the final content, then the subject can again invest in it.

Formalization is carried out on the basis of abstractions, formalizations, etc. carried out on the basis of mathematics and a special case of this method - the method of mathematization - the introduction of mathematics in the field. Logic, linguistics have their own “packaging” formalization method. In this case, artificial languages \u200b\u200bare used, which are called calculi. Calculus is a system of studying various fields ... (???) establishing correspondence between signs and objects of the field of theoretical research.

In math logic: calculus of predicates, classes, propositions, etc.

Axiomatization method (axiomatization).

The axiomatic method is a method of deductively constructing a theory or any branch of science (mathematics of mechanics), in which, based on a choice of the initial postulates, called axioms, all the other positions of the theory or any branch of science are logically derived. The axioms include initial general propositions whose truth is accepted without evidence, and all other provisions of the theories are derived using evidence. An example is Euclidean geometry. The sciences based on the axiomatic method are deductive sciences.

Hypothetical-deductive method.

The hypothetical-deductive method is a method of putting forward an abstract theoretical assumption (scientific hypothesis) to explain the causes of directly unobservable forms of connections between the studied objects. This design is further deductively deployed. Those. the hypothesis unfolds from the initial assumption, is tested, and then knowledge is refined and analyzed.

Private scientific methods - a set of methods, principles of cognition, research techniques and procedures used in a particular science, corresponding to this basic form of motion of matter. These are methods of mechanics, physics, chemistry, biology and social sciences.

The theory of state and law in the system of legal sciences. The subject of the theory of state and law

Theory of Law and State   - This is a social science about the laws of origin, development and functioning of law, legal consciousness and the state in general, about the types of law and the state, in particular about their class-political and universal essence, content, forms, functions and results.

It is difficult to call a single science a science that studies both the theory of the state and law: there are separately existing theory of the state (the general doctrine of the state — it studies the origin of the state, the types, forms, elements (structure) and functions of the state, as well as the prospects of the state) and the theory of law that studies mainly issues of legal dogma (sources of law, types of legal norms, lawmaking and law enforcement, legal technique, conflicts of legal norms, interpretation of law, legal liability, etc.).

The complexity of such objects as law and the state leads to the fact that they are studied by many legal sciences. The latter study one or the other side, elements and features of state-legal reality in a certain aspect, at a certain level. Law and the state as complex social phenomena incorporate a large number of different-quality components and subsystems. Their functions are multifaceted, their structures are complex. Depending on which of these components, subsystems, structures and functions or their aspects and levels are studied, legal sciences are divided.

Branch and special legal sciences are engaged in research, as a rule, of which one area, or areas of the sphere of state or legal life. In contrast, the theory of law and the state deals with the general specific laws of the development of law and the state.

Studying law and the state as a whole, the state-legal theory is not limited to the analysis of the experience of any country, or a separate region, or the direction of state-legal life, but based on the study of law and the state of different historical eras, all areas and directions of state-legal reality determines the general and specific laws of their development, the main features and important characteristic features. Without a general scientific concept of the essence, content and form of law, the field and institution of law, the system and systematics of rules, the rule of law and legal relations, etc. no area of \u200b\u200blegal science can effectively develop, counting on socially significant results.

The general theory of law and the state summarizes, synthesizes and systematizes the conclusions of industry knowledge, including them in the arsenal of their own scientific ideas. This does not mean that the conclusions of the theory are reduced to the totality of the latter.

The theory of law and the state is a fundamental science in all legal parameters, hence the great importance of its categories and concepts for sectoral legal disciplines. Without mastering them, it is impossible to understand more specific, empirical knowledge of the state and the law used by the basic legal sciences. Scientific research in the theory of state and law is conducted not in a single country and not for any one historical era, but with an orientation on the most developed forms of law and statehood at the moment.

The theory of state and law is predominantly Russian (post-Soviet, and earlier - Soviet science).

Subject of Theory of State and Law   - These are the most general patterns of the emergence, development and functioning of law and the state. The main state legal concepts common to all legal science. Law-making, law-enforcement and interpretative practice, as well as forecasts and practical recommendations for the improvement and development of law.

Closely related to the phenomena of state and legal life are morality, religion, custom, political system, public consciousness, economics, etc.

The subject of the study is a specific range of problems studied by this science side of objective reality.

A feature of the subject of the theory of state and law is that the state and law are studied in correlation, as social institutions complementing each other. The subject of TGP science is the general and specific laws of the emergence and development of the state and law.

The subject of science is important to distinguish from an object, which is understood as a certain part of the reality surrounding a person. The object of the theory of state and law is the state and law, which are studied by other sciences, such as: History of the state and the law of foreign countries, History of the domestic state and law, etc.

Methodology of the theory of state and law. General and private scientific methods of cognition

Methodology of the theory of state and law   represents a combination of special techniques, methods, means of scientific knowledge of reality. If the subject of science shows that science is studying, then the method - how, how it does it.

The methodology of science based on the theory of state and law is based on the principle of objective truth, which focuses on the development of objectively reliable scientific knowledge. The study of state and law is built from various philosophical, ideological and ideological positions.

Among the private methods of the theory of state and law are:

· The method of comparative law - a comparison of the state-legal phenomena of various communities (macrocomparison) or within only one community (microcomparison), the identification of general patterns and the specifics of their development;

· The method of historical jurisprudence - state-legal phenomena are considered in dynamics, from the moment they occur until the present;

· The method of analysis and synthesis - the processes of mental decomposition of the whole into its constituent parts and the reunification of the whole of the parts, as well as the classification of objects of study;

· Sociological method - observation, questionnaire, statistical analysis, collection and mathematical processing of source data, for example, in law enforcement, a state-legal experiment;

· The formal legal method - the study and interpretation of regulatory material, texts of sources of law.

The method of science is knowledge, with the help of which new knowledge is obtained. These are the techniques and methods by which the subject of science is studied. The method of science is the method of study on which this science is based. In the theory of state and law, general scientific, special and private scientific methods are applied.

General scientific methods:

Induction

· Analogy

· Abstraction

· Modeling

· Comparison

· Concretization

Special methods:

· Systemic: focuses on the interaction of phenomena, their unity and integrity.

· Structural and functional: determination of the place, role and functions of each element of the system.

· Comparative: a comparison of the state of law, their elements with other similar phenomena.

· Sociological: the establishment of relations between the state and law with other social phenomena, the most important of which belongs specifically to sociological methods (observation, survey, modeling).

· Psychological: the study, mainly, of legal behavior.

· Statistical: operating with quantitative values.

· Historical: the study of patterns in the development of law and the state.

Private Law Methods:

· Formal-legal: allows you to define legal concepts, identify their characteristics, carry out the classification, interpret the content of legal requirements, etc .; is a traditional characteristic of legal science, emerging from its nature.

· Comparative legal: allows you to compare different legal systems or their individual elements - laws, legal practice, etc., in order to identify their general and special properties. It is important, since the reform and improvement of state legal practice is impossible without comparing similar objects that exist simultaneously or are divided by the well-known: on the basis of the conclusion, a legal model of a legal phenomenon is created. The model is taken as a reference and is a reference point for evaluating a real-life object.

The study of control systems depending on the level of the problem being studied, goals, objectives of the study may be global or local in nature. Global problems, as a rule, are of a systemic, interdisciplinary nature, are investigated using general scientific methods. Problems that are limited in scope and have a pronounced specificity are investigated mainly using private-scientific methods.

General scientific methods are applicable for research in the subject framework of a number of scientific areas: economics, management, sociology, psychology, etc. The study of a narrower or specific problem in one chosen field is carried out using private scientific methods, which are mainly used in the chosen scientific field. For example, methods for studying the demand for products are used in marketing research, and the method of functional-cost analysis is used in the economy of enterprises.

General scientific research methods in ISU include: monitoring and diagnosing problems, system analysis, expert research methods, modeling and statistical studies, morphological analysis and functional decomposition representation in the form of an aggregate, analysis and synthesis of concepts.

Particular scientific methods include: sample definition and methods of sociological research, Delphi, methods of weighted average criteria in evaluating suppliers, Monte Carlo method, testing, parametric method, factor analysis, functional cost analysis, financial analysis, budgeting, calculation, timing, photography working time, the Pareto method used to identify the largest costs associated with defects and many other methods used in the functional management subsystems. Fundamental in modern management research is a systematic approach, in which the factors of the external and internal environment of the organization are analyzed, and it is considered as an open, dynamically developing system.

Modeling is a method for predicting possible states of an object in the future, methods for achieving specified parameters using models: subject, symbolic, mathematical, imitation, analytical. A model in the study of control systems is a simplified representation of an object that must meet the requirements of completeness of adaptability, provide the ability to include fairly wide changes. The model should be abstract enough to allow variation by a large number of variables, and oriented to implementation using existing technical means, i.e. must be physically feasible at a given level of development of science and technology, taking into account the specific enterprise performing the forecasting.

Examples of models used in the study of control systems: functional decomposition representation - aggregate, Monte Carlo simulation model, block model presented in the form of a logical block diagram, functional cost model, Boston advisory group model, factor matrix, cost forecast model and arrived.

Simulation models in the IMS are built by analogy with the object of study using statistical methods. For random modeling, a statistical test method (Monte Carlo method) was developed, the main idea of \u200b\u200bwhich is to model random phenomena through the implementation of "practical jokes." The results of such modeling are processed using computer technology. The type and distribution parameters of random variables are determined.

The functional decompositional representation of the system in the form of an aggregate complements the mathematical modeling methods used in the ISU.

The general view of the system is most convenient to use in the form of a mathematical model, for example, in the form of service loops or an aggregate (Fig. 6).

The abstract scheme of the functioning of a complex system is considered, the central link of which is the aggregate. At each time moment t, the aggregate is in one of the possible states Z (t). The state of the unit at a fixed time is determined by the control action g (t) in accordance with the transition operator N using the dependence:

Z (t) \u003d H (Z (t °), g (t)) (1)

The unit has input contacts. They receive input signals X (t), which, in accordance with the operator G, are converted into output signals Y (t). This scheme allows the variation of a large number of parameters used to characterize the state of the system, at the same time it requires simplification of the set of these parameters to an extremely abstract model that most fully reflects the main ones and allows predicting future development trends. Visibility and abstractness are the advantages of this vector model.

Expert methods for the study of control systems are methods based on the analysis and averaging in various ways of opinions, judgments of expert experts on the issues under consideration. Often accompanied by the creation of special working groups of specialists, an expert commission, a network of experts.

The selection of experts is carried out on the basis of an analysis of their competence, determined by an objective assessment and self-assessment of experts, as well as by the method of stabilization of the expert network.

A way to stabilize the expert network is to select a number of competent specialists, for example, 10 people on a chosen problem, who choose the same number of experts, etc.

The next step is the formation of a representative sample of the general population and the creation of the necessary expert commission.

Methods of expert evaluations: Delphi, round table, interview, expert survey, brainstorming, scenario method, weighted average assessment method, business game, Japanese ring method.

Delphi is one of the methods of expert forecasting, based on a consistent assessment by experts of any proposed alternatives. It can be applied in the process of group management decision making by choosing the best alternative.

The results of expert assessments are recorded in the table (Table 1), where P is the ranking grade assigned by the expert to the alternative, depending on the degree of its significance. The most significant alternative, for example, the decision to change the supplier, is put in the first place (1 rank); B - point assessment is given by an expert from 1 to 10 points. The unit is taken for the highest score.

P \u003d P * B (2)

For each alternative, the sum of the works is determined. The smallest amount of work indicates the most significant alternative.

Brainstorming is a method of activating the creative activity of participants, based on the spontaneous expression of ideas that are formulated and expressed by the participants in a short and clear form. Criticism of ideas is currently unacceptable. It is possible only after the end of the brain attack. The rule applies - the number of ideas expressed is more important than their quality. The founder of the method is the American psychologist A. Osborne. In a brainstorming session, it is believed that a person can be overshadowed by brilliant ideas if he expresses his thoughts “right away”, without first thinking it over, only relying on his subconscious mind. The method is based on free associations of ideas.

The method of nominal group technology is based on the principle of limiting interpersonal communications. Group members set forth their proposals in writing independently and independently of others. The options presented are considered by group members without discussion or criticism. Then each member of the group again, independently of the others, in writing affixes rank ratings of the ideas considered.

The highest rated project is taken as the basis of the decision. The method allows you to organize teamwork without limiting the individual thinking of each participant. A close method of nominal group technique is the Japanese method of making a group decision “rings”.

The method of weighted average criteria is effective for experts to evaluate a number of alternatives and weakly structured solutions. A system of weighted criteria can be applied to evaluate suppliers of products. At the first stage, the experts evaluate directly the selection criteria. Suppose the price of the material, the size of the minimum supply, etc. All criteria are “weighed” in relation to the main criterion (table. 2).

Based on the selected weighted criteria, all possible solutions are evaluated.

Suppose four firms supplying products: A, B, C, G. In fact, there may be significantly more. At this stage, a comparative assessment of each firm for each criterion is performed.

At the last stage, the total weighting of the options is determined taking into account the different "weight" categories of each criterion, i.e. weight indicators of selection criteria are multiplied by weighted options for each row (table. 3). The total weighted assessment shows the most adequate assessment of suppliers.

The parametric method for studying control systems is based on a quantitative expression of the studied properties of the system and establishing a relationship between a number of parameters.

Functional and correlation dependencies are usually distinguished. Correlation unlike functional ones are incomplete and distorted by the influence of extraneous factors. In the case of a functional relationship, the correlation coefficient is 1.

The correlation method is used in production for the development of various kinds of standards, analysis of supply and demand. The simplest form of correlation equation characterizing the relationship between two parameters is the equation of the line:

where X, Y are independent and dependent variables,

a, b are constant coefficients

An example of a linear dependence can be the sales volume Y on the volume of production X produced at the enterprise. The conclusion about the straightforward nature of the dependence can be checked by simply comparing the data and registering them in a rectangular coordinate system. An important task is to determine the constant coupling coefficients between the variable parameters that best correspond to the values \u200b\u200bof X, Y. In this example, factors affecting the volume of production and sales. The value of the studied parameter quite often develops under the influence of not one but several factors. Therefore, a linear multiple correlation equation can be used.

Factor analysis consists in the transition from the initial description of the studied objects, given by the combination of a large number of directly measured features, to the description of the most significant components that reflect the most significant properties of the phenomenon. These main components contain most of the information contained in the original variables X and explain most of their total dispersion. Variables of this kind, called factors, are functions of the original features. To determine the variables having the greatest factor loads, the dispersion calculation is used, and the contribution of the component to the total dispersion is also determined. Variables when using factor analysis are not a priori divided into dependent and independent and are considered equal. This is its difference from the parametric method, in which interdependent variables are taken.

The advantage of various research methods and techniques used in management practice is determined by the possibility of obtaining a managerial effect, overcoming problems and modeling the optimal forecast of the organization’s activities for the future.

An example of the successful use of modeling in strategic planning is the concept of the Boston Advisory Group (BCG), which is also known as the growth-share model. The BCG model is a matrix on which business units (strategic areas of management - SZH) are depicted by circles (Fig. 6).

The abscissa axis is logarithmic, therefore, the coefficient characterizing the relative market share occupied by the business area varies from 0.1 to 10.

Fig. 7.

Market share is calculated as the ratio of the organization’s sales in the relevant business area to its competitor’s total sales. The ordinate axis is the market growth rate determined by the volume of output. In the original version of BCG, the boundary between high and low growth is a 10% increase in production per year.

Each circle drawn on the matrix characterizes only one business unit that is present in the business portfolio of the organization under study. For example, an organization that supplies dairy food products to the market has in its portfolio such business units (SX) as: cheeses, yogurt, sour-milk drinking products (kefir, fermented baked milk), etc. The value of the circle drawn on the matrix is \u200b\u200bproportional to the total size of the entire market. This size is determined by the simple addition of the organization’s business and the corresponding business of competitors. Sometimes a segment stands out on the circle, characterizing the relative share of the organization’s business area in this market. Market size is measured by sales, sometimes by asset value.

The BCG matrix consists of four squares with figurative names: stars, milk cows, difficult children (wild cats), dogs.

Stars, as a rule, are new business areas that occupy a large share of a rapidly growing market, leaders of their industries, guaranteeing high income for organizations.

Dairy cows are areas that have gained a significant market share, but their growth has slowed over time. Despite this, they provide organizations with significant profits and help maintain a competitive position in the market.

“Difficult children” or “wild cats” compete in growing industries, but occupy a small market share. The situation of "wild cats" is the most uncertain. With a lack of investment, they can slip into the position of a “dog”.

Business areas with a small market share in slowly developing industries are “dogs”. It is very difficult for them to maintain their positions, and such a business is usually reduced.

In order to maintain the continuity of a successful business, the free money supply resulting from the implementation of a mature business is partially invested in new areas of the business that may become sources of income in the future. If the market growth rate is high in comparison with other markets, then an organization that places its business units (SZH) in the relevant field may very soon receive a return on investment.

The BCG method has been tested as a tool for forecasting cash flows and forming a strategic business portfolio, shows how to successfully use the whole range of research techniques in management.

The study of management subsystems: personnel, production, quality, finance, marketing, logistics, is carried out by a number of general scientific and private scientific methods. The applied methods are specific for each functional subsystem.

So, to study the financial management system, a coefficient analysis is used to calculate financial stability, liquidity, creditworthiness, etc., to study quality management, the Pareto and Ishikawa methods are used.

Particular scientific methods for studying management systems used to analyze the financial management subsystem, determine the risk level of investment projects, and weaknesses in the economic activities of an organization are economic analysis methods. They occupy a significant place in the group of research methods for studying control systems. The manager’s professionalism consists in mastering modern methods of analysis, planning and forecasting of financial and economic activities, determining its relationship with aspects of marketing activities.

The activities of the financial manager include: general financial analysis and planning; providing the enterprise with financial resources (management of sources of funds; distribution of financial resources (investment policy and asset management.

Economic studies of management systems can be carried out on the basis of financial analysis, budgeting, accounting and audit data.

Thus, any research has a complex of characteristics, which must be read in advance of its implementation and organization. The main ones:

1) research methodology - a complete set of goals, approaches, options, benefits, tools and research methods;

2) research organization - the order of the conduct, based on the separation of functions and responsibility, fixed in the regulation, normative information;

3) research aspects - a complex of means and options (informational, economic, human and others), which ensures a good result;

4) the object and subject of research. Obekt iccledovaniya - IT covokypnoct cvyazey, otnosheny and cvoyctv, cyschectvyyuschaya obektivno and clyzhaschaya ictochnikom neobxodimoy for iccledovatelya infopmatsii, ppedmet - konkpetnaya ppoblema, peshenie kotopoy tpebyet ppovedeniya iccledovany;

5) type of research - its affiliation to a certain type, reflecting a complete image of all characteristics;

6) the result of the research - recommendations, model, formulas, methods, facilitating resolving problems, understanding of its contents, the solution;

7) the effectiveness of the study - the size of the used samples for the study and the results obtained from the sky.

The methods used for diagnosing, identifying problems, and searching for optimal measures to improve the mechanism of functioning of control systems require knowledge and skills of research work from managers.

The manager in his activity, no matter in which functional subsystem he works, must possess a certain set of established research methods, have the ability to independently formulate and put forward hypotheses, develop research tasks and put them into practice in the context of time and money limitations.

The method of the theory of state and law has a complex structure, the basis of which is the theory of knowledge as the methodological basis of any legal science. The theory of knowledge is based on the theory of reflection and is the result of the centuries-old path of humanity to the knowledge of the world. Its main link is the principles of knowledge:

• - the object of knowledge, phenomenon or thing of the surrounding world exists objectively, regardless of the knowing subject, and is knowable;
• - the result of cognitive activity - knowledge, their system, which are objectively determined by reality, life;
• - thinking is mediated cognition based on the perception of the environment through sensation, perception and representation;
• - the thought process is the derivation of abstraction, generalizations of concepts and categories, fixing objective laws;
• - thinking and language are closely interconnected; thinking proceeds with the help of language and objectifies thought; linguistic units (word; verbal circulation; grammatical sentence) and rules are an adequate way of formulating thoughts; at the same time, language is a way of consolidating (expressing) the results of thinking;
• - knowledge "doubles" the world. On the one hand, this is the world of reality, directly what surrounds us, on the other, the world of the ideal, existing in the form of concepts, categories, hypotheses, assumptions, theories, concepts, reflecting reality.

Of course, these are just the foundations of the theory of knowledge, without which knowledge, without the implementation of their requirements, it is impossible to achieve objective scientific results.

The method of cognition depends on the composition (combination) of cognitive means, as well as on the goal set by the knower. However, the theory of knowledge itself is only the basis of the method of legal science, including its component of the theory of state and law, which, as it were, incorporates the dialectic principles and the dialectic itself ("prescribes") as a universal method of cognition.

Dialectics as a universal principle of knowledge. It is a systematic rules of cognition of the world, developed by mankind. Hegel was the universal systematizer and author of many requirements of the dialectical approach, dialectical logic *(5) .

The main requirements of dialectics include, first of all, the objectivity of the approach to the phenomenon under study (state and law). The knowing person must study all aspects of an object or phenomenon and its (their) connection with others, where its properties are realized or manifest. For example, it is impossible to study law, legal regulation outside of the state, state power; it is also impossible to objectively study them outside of such special phenomena as politics, culture, etc. On this universal principle of dialectics, in our opinion, the materialistic approach is largely based, which consists in considering the state and law as special phenomena that are integral elements of society, public structure. These structural components of the social system are called upon to fulfill the most important functions in order to preserve and develop society itself. However, their content and level of development are predetermined by existing social, cultural and economic conditions.

Marxism went even further in this regard and argued that basic relations — relations that take shape in the process of means of production and means of consumption and exchange — are a factor determining the essence and content of the superstructure rising above them (state, law, morality, culture, etc.) . Thus, the state and law are predetermined by the economy, and their "reverse" impact on it is small. *(6) . The Marxist concept of the origin of the state and law, their place and functions in public life, as well as their fate, including political, are currently criticized. However, it is hardly objective to deny the Marxist position on the interconnectedness and interdependence of the state and law on economic and other social phenomena.

Ultimately, what is being studied must really and accurately reflect reality. The following points are important here. A researcher who bases his knowledge on the principles of dialectics worked out by all human experience and objectively given by nature is, in principle, “doomed” to achieve objective results. Meanwhile, the achievement of objectivity is often difficult, especially in the field of social sciences for political reasons, emotional perception of social processes and the results obtained. Here the researcher’s task is to maintain objectivity, despite various circumstances, because only in this case can the obtained scientific research data be called scientific, and their author - a scientist.

The next requirement of dialectics - the study of a phenomenon or object must be carried out from the perspective of how it arose, what stages in its development have passed, what tasks and functions it is currently performing. This requirement fully applies to legal science; undoubtedly, this is a very important principle for the method of the theory of state and law, the history of the domestic state and law and other legal sciences. It is impossible to adequately represent the goals, objectives and content of the state and law without having an idea of \u200b\u200bthe features of these phenomena in the past, their social and political purpose.

The requirements of dialectics in the study of state-legal phenomena include the use of categories of dialectical materialism. And this is true, but it is important that their application is correct. Often, when studying, concepts are used that do not correspond to the semantic content of the obtained scientific results (according to our observations, this often happens, for example, with the category "essence" and others). Jurisprudence most often uses such dialectic categories as form and content; essence and phenomenon; cause and effect, general and special, etc. One should pay attention to the need for the correct application of the concepts and categories of other philosophical sciences, for example, systems theory (element and structure; system and subsystem, etc.). This fully applies to sociology, historical materialism, etc.

The application by the theory of the state and law of the categorical apparatus of dialectics, its laws in the study of the state, law, legal regulation allows us to find out and reveal the underlying laws of their origin, development and change; streamline and structure the result of what is known.

General scientific methods. The theory of knowledge, its principles, dialectics and its categories and laws alone cannot give scientific results. They are only guiding requirements and necessary scientific means. Any sciences receive more specific knowledge using general scientific methods. Their knowledge and creative application in the study of the state and law and other phenomena associated with them greatly facilitates the path to objective knowledge, acts as a guarantee against errors and inaccurate knowledge. The content of general scientific methods consists of the techniques and methods used in the process of cognition of its subject, with the help of which new knowledge is incremented in the system of this science. Thus, the method of the theory of state and law is a system of techniques and methods used to know the subject of science, the disclosure of the laws of functioning and development of the state and law. Consider general scientific methods.

Theoretical method.   The basis of this method is the ascent from the concrete to the abstract, which is a necessary stage in the knowledge of the subject of science and, by and large, acts as the main technique for understanding state legal reality. This method in the first place allows us to talk about the features of science from the standpoint of cognition of reality. Abstracting represents a qualitatively new stage, a leap in the development of scientific knowledge, undoubtedly enriching empirical knowledge. This is a transition from the diversity of features, relationships and relationships inherent in phenomena and processes, to patterns that are repetitive and sustainable.

Theoretical knowledge of inexplicable factors leads to the formation of concepts that reflect the general properties and relationships of the phenomena studied (“system of law”, “rule of law”, “source of law”, “gap in law”, “conflict of legal norms”, etc.), formed from using abstraction.

The ascent from concrete to abstract is widely used in the process of studying new phenomena and factors, which, for objective reasons, cannot be explained using theoretical knowledge.

The axiological method (value) is gaining more and more application in law and other social sciences. Its basis is the theory of values \u200b\u200band ratings. A person has always tried to determine what is valuable and useful to him, what phenomena and objects are significant for him, a group of people, society, state, economy, etc. Researchers also set as their task to determine the value of a phenomenon, object, information, etc.

Since the middle of the last century, the so-called systematic approach (method) has received great recognition. Here, the researcher’s task is to establish a system (object), (subsystems), their elements, the presence and quality of relations and relations between them. A systematic approach is based on the assertion of the principle that each subsystem, in turn, is a system for another, more ambitious one. For example, the statement that the legal system acts as a supersystem for the branch of law as an independent system is true. At the same time, the branch of law is a supersystem for its sub-sectors. The same can be said about the relationship between the sub-industry and the institution of law. Regarding state phenomena, as an example of the system-subsystem relationship, the federation and its subjects can act. We emphasize that system analysis (sometimes called system-structural) aims to identify functional relationships between elements, to establish factors that ensure the unity of the system. Of great importance is the establishment of subordinate relations in the system and the means of providing it, as well as coordination and other relations and the means to ensure them.

Private scientific methods.   Jurisprudence, including the theory of state and law, use not only general scientific methods, but also private science, characteristic of certain legal sciences. General scientific and private scientific methods do not merge with each other. The widespread use of private scientific methods does not mean that they “absorb” general scientific methods. Frequently, private scientific methods are credited with a universal character, they are considered not only from the standpoint of universality, but also are endowed with such qualities as “striving for dialectics”, “its spearhead”, etc.

Particular scientific methods of legal sciences include the formal logical method, the specific sociological method, comparative law (state law), etc.

Formal logical method - Means and methods of logical study of law. Based on the concepts, categories, rules and laws of formal logic. Here, law is studied as such and is not associated with other social phenomena (culture, religion, morality, etc.) and the economy. In this case, the researcher abstracts, for example, from the problems of subjects of legal realization, its effectiveness, etc. Law is considered as a formally defined, logically interconnected and strictly fixed system of rules, built on the principle of subordination and consistency of norms. The logical law of identity, not contradiction, excluded third, sufficient reason to establish the features of law as a logical system. Lawmaking and law enforcement are considered in accordance with logical forms of thinking, logical operations, which are based on the rules of formulating judgments and conclusions.

The legislative activity in the process of preparing the text of a normative legal act is subordinated to the law and the rules of formal logic, forming the apparently invisible, but extremely important logical basis of the text of the document.

The formal logical method is successfully used in the study of law enforcement. The application of a legal norm to a factual fact is often justly presented as a deductive conclusion, where the rule of law is a big premise, the actual situation is less, and the decision on a legal case is a conclusion.

Note: formal logic, its methods and laws are applied using any method. When it comes to the formal logical method, we have in mind the use of logic as a special way of knowing the law (which is why the method is called formal logical).

Specific sociological method. State legal institutions investigated by legal science are ultimately expressed in the actions of citizens, officials, and collective subjects of law. Legal sociology studies these actions, operations (systems of actions), the activities of various government bodies and their results. The purpose of specific sociological research is to obtain information on state legal activity and its effectiveness. Using this method, it is studied, for example, the personnel of the judicial system (level of legal education, academic degree, frequency of professional development), the attitude to the fulfillment of professional duties (the number of complaints and statements about the actions of judges and employees of the judicial system), as well as factors affecting adjudication (level of professional preparedness, level of general culture, marital status, etc.).

The methods of obtaining this kind of information are survey, analysis of written sources, interviewing, etc. Unreliability of sociological information is a frequent phenomenon. He is explained by the interviewee’s desire to “look better”, to hide difficulties and shortcomings in professional activities. Social and legal research is laborious, costly and requires high professionalism.

The method of comparative jurisprudence and jurisprudence involves the study of various state legal systems, including judicial ones, by identifying general and special signs of similar legal phenomena. The knowledge gained can be used to improve the state apparatus and its organs, the legal system. This knowledge is necessary for the formation of a single legal space, coordination of efforts of various, primarily European, states, for solving global problems of mankind.

The comparative method involves the following stages of research: 1) the study of state-legal phenomena as autonomous entities and the identification of their essential qualities and features; 2) comparison of the studied features of similar institutions and the establishment on this basis of similarities and differences; 3) an assessment of the signs of differences from the point of view of the appropriateness of application in national state legal or international practice. Assessment can be carried out from the standpoint of justice, expediency, effectiveness, etc.

Comparative law can significantly expand the legal horizons, create the basis for practical activities. This method, its development is very important for Russia - a country where legislation is actively updated, judicial and administrative reforms, as well as local government reform are underway.

The method of science or academic discipline (from the Greek “method” - the path to something and “logos” - science, teaching) - a set of methods, techniques, approaches, principles by which the subject is studied.(Sokolov A.N.)

A method in science, in scientific activity is a means (technique) by which new knowledge is obtained or systematization, evaluation, generalization of available information is carried out.

Thus, the method of science determines how the process of studying the subject of a given science is carried out.

The theory of state and law develops its own methods for studying state-legal phenomena and at the same time actively uses the general methods developed by social and natural sciences.

The methodology of the theory of state and law is a combination of theoretical principles, logical techniques, and specific methods of studying state-legal phenomena.

The first group consists of universal methods.

For a long time in science, the idealistic and materialistic methods of cognition, metaphysics and dialectics have been opposing. Our domestic science is characterized by an orientation toward a materialistic approach, according to which the deep, essential aspects of the state and rights are ultimately determined by the economy and cash ownership. The materialistic approach allows us to trace the relationship between the state and law with real processes, to identify and explore their capabilities to strengthen the material foundations and increase the economic potential of society.

The philosophical basis of the theory of state and law is the dialectical method, i.e. the doctrine of the most general regular relationships of the development of being and consciousness. The general laws of dialectics include: the transition of quantitative changes to qualitative ones (an increase in the number of norms and institutions that enshrine and regulate relations of private property has led to the division of Russian law into private and public); the law of unity and struggle of opposites (unity of rights and duties, centralization and decentralization in state building); the law of negation (in Russian statehood there are elements of the past and the embryos of the new statehood).

The second group consists of general scientific methods.

General scientific methods are the means of cognition used in all areas of scientific knowledge.

General scientific methods include, in particular, the system-structural method, a functional approach, general logical techniques, etc.

System-structural methodinvolves the study of the internal structure (structure) of the phenomenon under study, as well as the study of relations both between the constituent parts within the phenomenon itself, and with related phenomena and institutions. This method proceeds from the fact that: 1) the system is an integral complex of interconnected elements; 2) it forms a unity with the environment; 3) as a rule, any investigated system is an element of a higher order system; 4) the elements of any investigated system, in turn, usually act as lower order systems. How a system can be considered any phenomenon.

The state and law in their essence, in their structure are complex, systemic phenomena. The main elements of the first are state bodies, the second - the rule of law. In general, the state, as the most important political institution, is included, along with other political institutions, in the political system, and law - in the regulatory system of society.

The systemic method opens up great opportunities for studying the system-forming structural elements of the state and law, direct and reverse influence on the state and the law of the internal and external environment, and for preventing contradictions and “disturbances” in legal and state systems.

Functional methodit is used to highlight in various systems the constituent structural parts of the point of view of their purpose, role, relationship, as well as the real action of the phenomena being studied.

General logic(analysis, synthesis, induction, deduction, analogy, hypothesis) are used to determine scientific concepts, consistent argumentation of theoretical positions, eliminate inaccuracies and contradictions. At its core, these techniques are a kind of "tools" for scientific activity.

1) The method of ascension is directly related to philosophical laws and categories. from the abstract and the concrete and from the concrete to the abstract . So, the process of cognizing the form of the state can move on the abstraction of “the form of the state” to its types - the form of government and the form of government, then to the varieties of the named forms. With this approach, the knowledge of the state’s form will be deepened, concretized, and the very concept of “state’s form” will begin to be enriched with specific signs and features. When a thought moves from a concrete to a general, abstract, a researcher can, for example, study criminal, administrative, disciplinary offenses, their properties and features, and then formulate a general (abstract) concept of an offense.

2) Induction and deduction.   Induction- a logical device, which consists in the initial knowledge of the individual (or primary) parties or properties of the state and law, on the basis of which generalizations of various levels are then given. For example, by identifying the signs of a state body, a researcher can make an objective conclusion about what a state body is. Having formulated the concept of a state body, he goes further and draws a new, more generalized conclusion about what a state mechanism is (a set of state bodies). Deduction- a logical device, which consists in the fact that through logical deductions from the general to the particular, from general judgments to particular or other general conclusions, the general laws and properties of the state and law are known. Then, dividing them into certain groups, single formations, they are given a scientific assessment (definition). The research process proceeds here in the reverse order characteristic of the inductive method. Thus, the knowledge of law can be started by studying its general features and the system-wide structure, then turn to an analysis of the branch of law as the largest structural unit of the legal system, then identify the essential features and properties of the sub-sectors and institutions of law and, finally, complete this process by examining the rule of law (the primary element of the entire system of law) and its structure.

3) Also used as general methods for studying the theory of state and law analysis and synthesis representing the processes of mental or actual decomposition of the whole into its constituent parts and the reunification of the whole of the parts.

The condition for a comprehensive knowledge of the state and law, various state-legal phenomena is the multifaceted nature of their analysis. Dividing the whole into its constituent parts reveals the structure, structure of the object under study, for example, the structure of the state mechanism, legal system, etc. One of the forms of analysis is the classification of objects and phenomena (classification of state bodies, functions of the state, legal norms, subjects of legal relations, legal facts, etc.).

Synthesis is the process of combining parts, properties, attributes, relationships, identified through analysis, into a single whole. For example, on the basis of unification and generalization of the main features characterizing the state, state body, law, legal relationship, offense, legal liability, general concepts are formulated. Synthesis complements the analysis and is inextricably linked with it.

In addition, science must take into account historical traditions, the sociocultural roots of the state and law. The foregoing conditions the application in the knowledge of state-legal phenomena historical method.

The third group consists of private-scientific methods.

1) Traditional for legal science formal legal method. The study of the internal structure of legal norms and law in general, the analysis of sources (forms of law), the formal certainty of law as its most important property, methods of systematizing normative material, rules of legal technology, etc. All these are concrete manifestations of the formal legal method. It is applicable in the analysis of state forms, in determining and legalizing the competence of state bodies, etc. In short, the formal legal method follows from the very nature of the state and law, it helps to describe, classify and systematize state-legal phenomena, to study their external and inner form.

2) Nowadays, when integration processes are naturally intensifying, the role of the method of comparative state and legal studies is growing ( comparative legal), which has in its object similar state legal institutions of various countries. From a logical point of view, this method is based on the consistent study and comparison of a large number of similar objects. For example, the advantages and disadvantages of state and legal institutions of our country are difficult to establish without comparing them with similar institutions in other countries. The value of this method increases when there is a need for political and legal reforms. At the same time, comparative state and jurisprudence has nothing to do with thoughtless borrowing of foreign experience and its mechanical transfer to our specific historical, national and socio-cultural conditions.

3) One of the effective tools for studying the state and law is statistical methodbased on quantitative methods of obtaining data objectively reflecting the state, dynamics and trends of development of state-legal phenomena. Statistical phenomena, operating with numbers, which often turn out to be more proof than any words, include several stages: statistical observation, summary processing of statistical data and their analysis.

4) The method of state and legal also applies to special modeling. Its essence lies in the fact that there is a certain similarity between various state and legal phenomena, and therefore, knowing the properties and characteristics of one of them (models), one can judge the others with a sufficient degree of accuracy.

Modeling helps in finding the best schemes for organizing the state apparatus, the most rational structure of the administrative-territorial division, in the formation of a system of legislation, etc.

5) In modern conditions, of particular importance concrete sociological methodresearch of state legal problems. The essence of the method of specific sociological research is the analysis, processing and selection of the necessary reliable information on the most important aspects of legal practice, the development and functioning of state and legal institutions in order to conduct certain theoretical generalizations and make appropriate practical decisions. With its help, it is possible to identify the degree of effectiveness of the functioning of all branches of state power, legal regulation, the state of law and order in the country. Specific sociological studies contribute to the development of key issues in the theory of state and law, for the study of which they provide a wealth of new facts of life, statistics and other data.

In the framework of the concrete sociological method, such methods as observation, questioning, interviewing, experiment, etc. are used.

6) In the study of state-legal phenomena is also applied functional method. It is used to distinguish constituent structural parts in state legal systems from the point of view of their social purpose, role, functions and the relationship between them. This method is used in the theory of state and law when studying the functions of the state, state bodies, law, legal awareness, legal responsibility and other social and legal phenomena.

The considered general and particular scientific methods of studying the theory of state and law are applied comprehensively, in close connection with each other.

The system of theory of state and law

An analysis of the structure of the theory should be carried out taking into account the specifics of knowledge of the theory of state and law as a science and academic discipline.

Structuring the theory of state and law as a science is carried out in the context of two main approaches, which can be called with a certain degree of conditionality substantiveand functional.

In accordance with substantiveapproach - in the structure of the theory of state and law there are two main sections: “theory of the state” and “theory of law”.

The theory of state and law is studied according to a certain system, which is a logically consistent arrangement of issues that reflect the objective structure and content of the subject of this science.

The study of the state and law begins with an understanding of the relationship between society and the state, the laws of the origin of those features of the state that distinguish it from the organization of social power of the primitive communal system. Then the main questions of the theory of the state are considered: signs, the essence of the state, the most important characteristics of legal statehood, forms, types, mechanism and functions of the state.

After understanding the general issues of state theory, it is advisable to proceed to the study of the general theory of law. This section of the course gives an idea of \u200b\u200bwhat law is and what is its elementary particle - the rule of law; in what forms are legal norms expressed; what is the law and what is its place in the system of regulatory legal acts of the state; what is the role of law and regulation in modern public life. The principles of the construction and functioning of the system of law and the system of legislation, the forms of implementation of legal norms and the specifics of law enforcement activities of the competent state bodies are also studied.

A study of the general laws of legal relations, lawful behavior, offenses and legal responsibility, legality and legal order completes the course of the theory of state and law.

Supporters functionalapproaches distinguish legal dogma, legal technique, legal methodology, the sociology of law and the philosophy of law as relatively separate elements.

The following elements should be considered as elements in the complex that form the “subject field” of the modern theory of state and law:

conceptual and categorical apparatus of jurisprudence ( legal dogma) The theory of state and law is a kind of "alphabet of jurisprudence." Within the framework of this science, basic definitions and principles are formulated that characterize the state and law (law, state, rule of law, state body, legal relationship, offense, etc.);

basic principles and theoretical models of lawmaking and the implementation of law ( legal technique) The theory of state and law gives a general description of the processes of lawmaking and the implementation of law from the point of view of their structure and content, explores the functions of these processes, determines the possible consequences, outlines promising ways of optimization;

fixed assets, receptions, methods and principles of knowledge in the field of legal science ( legal methodology) The theory of state and law gives a general description of the basic methods of knowledge of legal science, defines the principles of using these methods in the process of studying legal reality.

Sociology of Lawrepresents a new scientific field highlighted in sociology - a science that studies the structural elements of society in interconnection, the conditions of their existence, as well as the functioning and development of all aspects of people's activities in society.

The sociology of law considers the legal system in close interconnection with life, social practice; considers the law from the point of view of public relations, generating legal norms and procedures related to their legal regulation and legal protection.

Sociology of law originated at the turn of the XIX – XX centuries, and in Russia began to develop in the 20s of the last century. N.M. Korkunov, S.A. Muromtsev, N.N. Kareev and others who make a significant contribution to the development of legal thought have developed a sociological approach to the concept of law. In particular, N.M. Korkunov defined law as a measure of the delineation of people's interests, and S.M. Muromtsev - as a legal relationship.

Philosophy of Lawit involves focusing on the most general and therefore objective laws of the emergence and development of the state and law, and also explores the philosophical categories (freedom, necessity, society, etc.) in their legal interpretation.

In this way,during the lecture, you received ideas about the object, subject, system of science "Theory of State and Law", defined its functions and methodology, formulated the relevant concepts.

1. To study the following questions yourself:the concept, main tasks and significance of the philosophy of law; concept, main tasks and significance of the sociology of law. The concept, meaning, functions of a special legal theory (dogma)

2. Finalize the compendium.

3. Repeat the lecture materials and prepare for the seminar on the following issues:1. The concept, value of the theory of state and law as a science and its subject. 2. The functions of the theory of state and law. 3. Methodology of the theory of state and law. 4. The system of theory of state and law.

Has developed

Deputy Head of the Department

state law disciplines

candidate of law

major of internal service T.V. Zhukova

”______” _______________ 20_ year