Epistemological approaches to the research of public and private bases in relationships of land property

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The article examines methods of knowledge relevant to the study of interaction of private and public interests in the implementation of land ownership rights. The author’s starting point is the statement that most abstract level of philosophical methodology is most applicable to the conceptualizing key terms and categories in the legal study. For example, conceptualizing ways of harmonizing the private and the public began to require a philosophical category «interest» test at various levels of the research process. The author has stated the necessity of employment of the dialectical method in order to detect interaction of the contradictory basics in regulation of public and private relations. Abstraction in current study is also employed as a relevant tool, because of their own design are formalized thinking about actually existing objects of the material world, elevating them from the material nature to theorize structures. The simulation method is considered by the author as an effective model for the creation of normative legal acts. The systematic method accepted as the key method , because it allows to consider the land as an object of property rights in relation to the general provisions on the system of objects of civil rights and natural sites. In addition to these common methods, the author recognizes the following relevant methods: structural and functional, system analysis, hypothetical-deductive. They allow to see the beginning of the public and private in terms of their functionality and related characteristics; interaction; in terms of their place and role in the legal regulation; as well as their position on the basis of constructing hypotheses and parcels. The author concludes that the reliability of the results of the study lend not only relevant objects, in this case property relations to land and the implementation of public and private interests, but also the range, and combinatorial research techniques in their interaction.

About the authors

A N Niyazova

Kyrgyz-Russian Slavonic University

Email: a_niazova@mail.ru
The Department of Civil Law and Process




Abstract - 246

PDF (Russian) - 120



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