The SUSU Faculty of Civil Law and Procedure has become an academic platform, upon which an international group of research was formed. This group was brought together in an effort to establish a modern scientific concept, “Principles of Civil Law and Its Realization.”
The core of the research group consists of international scholars from such well-known academic and scientific institutes as: Mainor Business School (Tallinn, Estonia); “MITSO” International University (Belarus, Minsk); National Academy of Sciences of the Republic of Kazakhstan, Research Institute of Private Law (Almaty); Educational Centre “ABConsult Õppekeskus“ (Tallinn); Caspian University (Almaty).
The interuniversity character of research enabled several representatives of the Russian academic community to participate, such as: Perm State National Research University, Tyumen State University, Bashkir State University, Ural State University of Law, Samar State University. The research was led by the head of the department of Civil Law and Procedure, Galina Demidova (Candidate of Legal Science, Associate Professor), and Tikhon Podshivalov (Candidate of Legal Science, Associate Professor).
The goal was to develop a proposition for the advancement of civil legislation in Russia and neighboring countries and increase the effectiveness of the implementation of civil legislation principles.
“The fact is that it is quite difficult to get international journals interested in research about the Russian law system. Only prolonged and consistent efforts on implementing joint, international, work on comparative law research will allow us to achieve a growth in publication activities. If realized, this research work will serve as a unique test for employees of our department, giving them the chance to conduct academic research in the sphere of jurisprudence on an international level,” says co-leader and administrator of the project, Tikhon Podshivalov, “and of course, the significance of this research is only increased by SUSU’s participation in the 5-100 Project. This is active faculty involvement in realization of this program, which increases the competitiveness of the university and calls for the development and evolution of scientific knowledge.
Recommendations developed by participants of the research groups for legislative improvement will serve as the basis for a monograph being published in a federal publication.
Among hundreds of scientific ideas and findings presented by researchers and reflected in 400 pages of monograph. The most pressing is the finding that the principle of legality is being moved to ‘second place’ and is succumbing to the principle of integrity. This leads to an understanding of the situation that no matter how hard a legislator tries, after the adoption of any given law, loopholes will always be found. Therefore, in the sphere of private legal regulation, the principle of integrity is given higher legal meaning than formal adherence to the law.
«The planned establishment of scientific laboratories within the structure of the SUSU Legal Institute will undoubtedly serve as a jump start for research activity on private law not just in Russia, but around the world. Research on issues surrounding the realization of civil law will create an optimal foundation for the engagement of faculty researchers in the international research community,” concludes Tikhon Podshivalov.
towards the development of scientific ideas in a collective research format. In the last few years, the following scientific projects were concluded: “Limits on the Effectuation of the Rights of Property Turnover Participants.” (2012-2014), “Material and Procedural Questions on the Effectuation and Protection of Civil Rights.” (2014-2015), “The Rights of Participants of Civil Turnover: General Characteristics, Acquisition, and Protection.” (2015)
Russian text: Valentina Logovenko; Translation: Amanda Wegner