Nikolay Al. Dukhno. Transport law research methodology

UDK: 347.4(075.32)

Nikolay Al. Dukhno - Doctor of Law, professor, Russian University of Transport, naduhno@ui-miit.ru

Abstract. The current paper has presented the data on the state of the transport law research methodology. Application of an outdated research methodology contributed to a decrease in the level of the scientific basis of the transport law theory. The established commitment to the outdated methodology of the study of legal problems has seriously narrowed the scope of research. Many objective phenomena did not fall into the orbit of research, which excluded the scientific estimation of reality and reduced the value of theoretical developments. Law has become a weak source in replenishing the legal ideas of new legislation. The lack of sufficient legal regulators resulted in the fact that many scientific developments were not introduced into modern transport technologies. Limiting themselves to research on the current legislation, scientists did not delve into the phenomena that caused shortcomings in the transport industry. This approach did not develop a reliable theory of transport law; it stopped to be the basis for the development of transport legislation. Weak, separated from reality, the theory of transport law needs serious scientific strengthening. Methods of scientific knowledge should be aimed at identifying factors that impede the full development of transport. Only objectivity in research and new scientific knowledge can strengthen the transport law theory and transform it into the basis for developing legislation to establish the required order in transport.

Keywords: transport law theory; research methodology; types of regulators of transport relations; connection of technical sciences with legal science; causes of negative phenomena in the legislation; development of legal means; strengthening the rule of law in transport.


Download full text of article

Другие статьи автора или выпуска: