Методологические проблемы цивилистических исследований. Сборник научных статей. Ежегодник. Выпуск 2. 2017 - стр. 10

It is quite often that the civil works include the innovative proposals that require considerable financial resources which are totally not taken into attention by the researchers. For example, the thesis researches propose to develop the mechanisms of compensating the civil damage for the deceived participants of the co-funded construction project, for the crime victims and the victims of other offences, for consumers, for the investors of the bankrupt financial organizations, for the authors of illegally used creative works, and other persons at the expense of the national budget. The economic analysis22 of such statements about the novelty of the research is a mandatory condition for their verification.

In some of the civil researches it will be relevant to use the methodological toolbox of the cultural and psychological sciences allowing to account for the corresponding special features of the society. For example, when using exceptionally the legal methodology, the juridical construction of the relations between the borrower and the microfinance organizations look practically “trouble-free”: the organization gives the citizen a definite amount of money for his immediate needs, although at high interest rates but with no deposit. The problems of this construction are revealed when this construction is transferred to the society with the known cultural and psychological features. The borrowers are usually people not only with low income but also having low general and legal culture, with low capacity for the legal reflection and self-regulation. They inadequately evaluate their possibilities, with all the resulting civil consequences and, it is a pity, with harsh criminal consequences. The ignoring of this factors devaluates the civil legal construction of “microloans” and leads to the justified blaming the lawyers for their failure to “study the life of the society and the state, the functioning of the law within the framework of their actual purpose in the life of people and the society”23.

Surely, none of the scientific researches can be made with no general scientific methods of cognition (analysis, synthesis, deduction, induction comparison, analogy etc.). Although, in opinion of B.I. Puginskiy, the mentioned means “are not the methods of getting the scientific knowledge but are the general logical rules of performing the intellectual operations”24, their research potential should not be underestimated. These means provide for a formal rightness of the statements, but not always for their verity of course.