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the MASTER'S THESIS: the HISTORY, MODERN LEGAL BASES

Everyone has the right to the extent of relevancy of the force. Benedikt Hundred juza To be engaged in basic researches - about the same, what to start up an arrow in air and there where it will fall, to draw a target.
Houmer the Hell kinz The word "dissertation" occurs from Latin dissertatio № (rassuzhdenne, research) and means the research work prepared for public protection on competition by the scientist степени3. And to understand the master's thesis status, it is necessary to track its history, whether natural for sew the countries the institute of dissertational research is, whether our way state - obshchefederalnoj - certifications of shots of the higher scientific qualification is true or it is necessary to go on the western way where these questions dare at university level. For the first time the scientific degree of the doctor of sciences has been awarded in Bolon - skom university in 1130; since 1231 se began to award in Parisian университете2. B.A.Rajzberg notices, that in XVI century there is a further streamlining of process of preparation and public protection of dissertations which are already made out at this time not only in the form of manuscripts, but also printing works: Gradually there is a system public are sewn up obligatory written compositions for scientific degree and rank reception, representation about the dissertation as about independent written work which the person applying for a scientific degree, should publish at own expense was generated and extend competent of the given area scientist that those could participate in public discussion at dissertation protection. It specifies, that protection of dissertations is in printing entered into Russia into 1755 after formation of the Moscow imperial university, and in 1803 scientific degrees of the candidate, the master and the doctor наук4 are entered. But formally date started of the state certification of scientific (scientific and pedagogical) shots in Russia it is necessary to consider 9 njunja 1764 - date of signing as Catherine II Ukaza «About proizvozhdenii the candidates trained to medicine, for the doctor of this faculty on own medical board to examinations» ". In difference og the West the Russian universities were initially formed as official bodies, therefore certification of scientific and pedagogical shots in Russia from the first steps has accepted character of the state system. Real - in modern understanding - in Russia it is necessary to consider as the beginning of certification of scientific shots Alexander's Decree І from І804 which charters of first three universities - Moscow affirmed, Kazan and Kharkov. In these charters« About tests and manufacture the section has been included in university advantage ». The special importance of each of charters« consisted that it granted the right of award of scientific degrees to all Russian universities. They should be guided by uniform requirements to level of preparation of applicants for scientific degrees and procedure of their reception. The similar approach on the scale of the state was not in one country of the world »1. Officially it has been approved Alexander's by Decree I from January, 20th, 1819« About manufacture in scientific degrees on the basis of Position, to this priligaemogo »5. Thus, the scientific degree of the candidate of the sciences, absent in the West, in Russia has more than two-centuries history (though originally it corresponded to the modern diploma about higher education with distinction). The master in pre-revolutionary Russia took place between the candidate and the doctor of sciences (today - between the expert with higher education and the candidate of sciences) and had considerable privileges - it could petition about transfer in hereditary honourable citizens, be taken on as ekstraordinar - nogo the professor of university, acquired the right to a rank of the ninth class at receipt for civil service, received silver academic signs, etc. System of certification of scientific shots in Russia that time initially was nation-wide, than favourably differed from systems of many foreign states. The Position accepted in 1819 about manufacture in scientific degrees became the diploma first in Russia which have fixed an order of reception of a scientific degree. According to it for reception of a scientific degree of the master and the doctor of sciences (already without the Candidate degree) followed pass written and oral examinations, to prepare theses and publicly to defend the dissertation, and magisterskaja the dissertation was represented in Russian, Latin or other language, and doctor's - only on Latin. However, Position about tests for scientific degrees! 837 have allowed to represent theses for a doctor's degree and in Russian. Position about tests for a rank of the valid student and for scientific degrees of 1864 provided scientific degrees of the candidate, the master and the doctor of sciences, but in 1884 the candidate's degree has been abolished again as not meeting the requirements of serious scientific research (such is official motivation). As a whole, according to B.A.Rajzbsrga, in pre-revolutionary Russia for 120 years it is protected less than 10 thousand magisterskih and theses for a doctor's degree whereas the next 80 years about 1 million competitors have protected and have found scientific degrees of candidates and doctors of sciences ', In pre-revolutionary Russia protection magisterskih and theses for a doctor's degree had similar with today's procedure: dissertations were represented to protection only in printing with the appendix of theses on several pages; protection was public, passed on a public meeting of faculty with participation not only members of council of faculty, but also all interested persons; two official opponents were appointed from among teachers of faculty where there passed protection, it is not obligatory professors, opponents from other universities were not invited; all interested person gave possibility to act in the course of protection after opponents; To the author of dissertation could be - in case of unanimous voting on magisterskoj dissertations - the doctor's degree is awarded; the decision made by faculty about at - judgement of a scientific degree was preliminary and came under to the statement a university academic council. As it is marked in the modern domestic literature, origin of the Russian system of certification has been caused by vital need of the state in formation of national scientific shots, disposals of foreign dependence in the name of professors - of foreigners at the Russian universities, With sing the purpose «preparation centres« professorial grant-aided students », which steels some kind of the All-Russia postgraduate study have been created: in general« 148 laws, decrees and decisions of the ministries, and also 89 orders of the minister of national education concerning preparation of "professorial candidates» and award of scientific degrees in Russian empire, published with 1724 for 1917 »6 are revealed. After October revolution of 1917 the Council of National Commissioners (SNK) the decree from October, 1st, 1918 7 has completely abolished scientific degrees. Only in 1932 According to decision SNK RSFSR «About scientific degrees and ranks» 1 have been entered scientific degrees of the candidate and the doctor of sciences as a way of an establishment of qualification of science officers in certain scientific sphere (branch). The Higher certifying commission as a principal organ knowing rather of award of scientific degrees and assignment of academic statuses has simultaneously been founded, and in 1934 of a doctor's degree have received 130 scientists. The list of high schools and scientific research institute in which protection candidate and theses for a doctor's degree was resolved have been the same year approved: originally such high schools and scientific research institute was only 75. Till 1938 scientific degrees - by results of protection of dissertations - were awarded by the qualifying commissions at narcofloor-mats, AN the USSR, union republics AN and branch academies. Since 1938 With the statement of the list of branches of sciences on which subjects dissertational works with assignment of a scientific degree of the candidate and the doctor of sciences were protected, the right of award of scientists etepe - it has been definitively transferred VAK which since 1945 began to give out for defended dissertations diplomas of the uniform sample. It is difficult to modern beginning scientist to imagine a situation, when (upon - till 1976) Everywhere candidate and theses for a doctor's degree, including by right, were protected in scientists (instead of in specialised and not in dissertational) councils of high schools and scientific research institute; in structure of the Academic council of any (certainly, not legal, legal till 1976 to all USSR was only four) high school vhodjag now and entered then scientists of various specialities and the estimation of the legal dissertation was given by the deans of all faculties managing a number of chairs and other leading professors, among which lawyers (i.e. experts in the right) there were usually 2-3 persons, i.e. notorious minority. Objectively the dissertation could be estimated such council only with obshchemetodologicheskih positions and uzkoprofessionalnaja the dissertation estimation was obviously insufficient. The situation has considerably changed in 1974 When the Higher certifying commission has been transformed to the Higher attestative committee at Ministerial council of the USSR to which functions interdepartmental on - uchno-attsstatsionnoj the organisations were assigned and for which the huge fine building has been constructed in Moscow - in it since 1992 the Supreme Arbitration Court of the Russian Federation (the Small Haritonevsky lane, 12) settles down. The Radical reform of system of the state certification of shots of the higher scientific qualification of 1974 has entailed creation since 1976 of a network specialised (after them have renamed in dissertational) councils - practically today's. During Post-Soviet period VAK (the commission, not committee) has undergone a number not so considerable reformatsy, the ministries caused first of all by transformations which are responsible for a science and scientifically - technical policy in the country. From December, 1991 till February, 1993 it was the Ministry of a science, the higher school and the technical policy of the Russian Federation, from February, 1993 till August, 1996 - the Ministry of a science and the technical policy of the Russian Federation, from August, 1996 till March, 1997 - the State committee on a science and technologies of the Russian Federation, from March, 1997 till May, 2000 - the Ministry of a science and technologies of the Russian Federation, from May, 2000 till March, 2004 - the Ministry of the industry, a science and technologies of the Russian Federation, since March, 9th, 2004 - the Ministry of Education and Science of the Russian Federation. Thus VAK entered that into the department knowing a science in the department knowing formation, and one time was independent department. So, with 1991 on 1993 VAK operated at the Ministry of a science, the higher school and the technical policy of the Russian Federation. In 1993 The Higher attestative committee of the Russian Federation (actually - as the federal State Committee) has been recreated, but in 1998 it has been again transformed to the Higher certifying commission at the Ministry of the general and vocational training РФ8. Thus, in 2004 two important dates were marked: 240 years of functioning in Russia systems of the state certification and 70 years of history VAK. Now works VAK (the Higher certifying commission) the Ministries of Education and Science of the Russian Federation; Position operating nowadays about VAK is approved by the order of this Ministry from July, 3rd, 2006 № 177 (it is registered in the Ministry of Justice of the Russian Federation on August, 10th, 2006, per. № 8142). At the same time within the limits of carried out administrative reform in questions of the state certification of shots of the higher scientific qualification the Federal service on supervision in an education sphere and sciences began to play the important role, Position about which is approved by the governmental order of the Russian Federation from June, 17th, 2004 № 300 (in particular, according to this Position it carries out the control and supervision of activity of dissertational councils; carries out organizational and technical maintenance of work VAK; considers when due hereunder questions of award of scientific degrees of the doctor and the candidate of sciences and will give out corresponding diplomas of the established sample; Considers questions of deprivation (restoration) of scientists it is sedate; gives out permissions to creation of dissertational councils etc.). The analysis position about VAK and about the named Federal service on supervision (Rosobrnadzor) shows certain crossing of their powers, that further can affect efficiency of their activity in general and first of all in sphere of the state certification of shots of the higher scientific qualification. Certainly, the situation with imposing kompetentsy two federal, supervising «dissertational affairs» structures, will be corrected. It is obvious also, that the present state of affairs with the general management of these affairs not ideally, and grows out of compromise achievement between many forces defining this process. At the same time dynamics of "joining" VAK shown above to this or that federal body supervising VAKom so, defining a state policy in «dissertational affairs», shows, as this organizational form of a management is short-lived. Any forecast of succession of events in the given sphere to give difficultly, first of all - owing to exclusively strong influence in similar processes of factors subjective and momentary, but in the general view and in an optimum - for our country - it is possible to assume the following. From the point of view of form VAK it will be reformed, sooner or later, in body, by analogy with VAKom the USSR of the end of 80th years when it had the rights of the allied State Committee. But the basic it «moving force» - advisory councils, Presidium, etc. - remain consisting of the "public men" who are not consisting in staff VAK. It gives VAKu huge advantages and transforms se into institute of a civil society. For still Frensis Bacon spoke: « However many was forms of the state board, in sciences always was and there will be only one form of freedom ». And if VAK the USSR has not turned in purely official body (and after all then there was a powerful State clod - of a science and technics (GKNT) the USSR) VAK the Russian Federation, even in the presence of federal bodies,« operating a science », especially it does not become. By the way, in Byelorussia VAK is at the President of Republic and consequently the official can defend the dissertation in the event that will receive the consent of the President or the prime minister, and« during existence of such rule there was no reference concerning protection though earlier "ostepenenie" officials it has been put on a stream »1. However, VAK the Russian Federation quite effectively could function not only at the Government of the Russian Federation, but also simultaneously at the Russian Academy of Sciences and the Union of rectors of high schools of Russia, that even more would harden its independent status. From substantial point of view VAK the Russian Federation is the main expert establishment in relation to «dissertational affairs». It is necessary to expand this function VAK and more effectively to use its powerful kadrovo-scientifically-mental potential and information bases, giving commissions VAKu to spend scientific a clod - pleksnys examinations of projects of the major state decisions, for example. National projects, Chairman VAK the academician of the Russian Academy of Sciences M.Kirpichnikov believes possible creation within the limits of VAK systems of state-public certification, along with scientific and pedagogical, for administration, business, a policy; he considers, that «Doctor of Busi№css Admi№islratio № to be worse nothing and it is not better, than the doctor of physical and mathematical or economic sciences, it simply other» '. About directions of reforming VAK and expansions of a spectrum of its functions many offers are stated. For example, proceeding from a parcel, according to which any council (it is visible - dissertational and-or expert VAKa) cannot be more competent all community of the scientists, dealing with the given problem, is offered officially, «at level of decision VAK to suppose to work protection only those authors, which rating above a certain lath. At least above average value of a rating... Funktsnja VAK it should not be limited to single estimations of candidate or doctor's claims, and be reduced to continuous monitoring of work of all scientists. In each area of scientific knowledge it should appoint some tens editions annually reviewed by it» ". There are also other, rather curious and not trivial offers on the bodies "knowing" dissertational affairs, and on all domestic system of the state certification of shots of the higher scientific qualification. It is clear, that in it «not without defects», it always, probably, will be improved. And to separate «grains from plevel», it is necessary to separate the present dissertational research from outwardly close to it under the form, but the dissertation not being. The last can be grouped - on degree of remoteness from the present dissertation - in a following kind: 1. Materials are quite often published in mass-media about purchased dissertational researches, about the price-list for them which are hung out on sites of the Internet, about offers to execute the dissertation "on a turn-key basis", and проч.1; materials and about similar "experience" are published for ru - 1 Search. 2006, on July, 21st.: search. 2005. 19 avg. 3 Russian newspaper. 2005. 22 deck.; 2006. 5 air., 14 air. 14 deck.; news. 2006. 11 deck., work. 2005. 24 deck., 2006. 22 nojab. 16 bszhom. In particular in Польше9; in «the Independent newspaper» referring to the general director of the company «Independent analytical systems», rendering consulting services to post-graduate students and competitors, it is underlined, that «20-30 percent from the general number of dissertations protected in year are the works written for money» '; in the newspaper "Search" these figures it repeat and deciphered, that it means - dissertations are paid: are written by request and dropped through dissertational councils by means of "long" rouble, mutual obligations of separate scientists or councils of the whole institutes; And referring to opinion of new chairman VAK it is offered, as measures of an intermediate term order, study by new legal commission VAK of questions administrative and even the criminal liability of persons which defend the bought dissertations, and those who prepares these works, and also is planned to prepare the Code of scientists which will allow collectives of scientists to recommend, and VAKu - to deprive of degrees and ranks of the scientists who are engaged in sales of scientifically-qualifying works "1. 2. Besides official system of the state certification of shots of the higher scientific qualification is also parallel, informal not state, widespread in the beginning and the middle of 90th years. This system called (and now it operates, the truth, not in so zealous mode) public and tried to bring under it corresponding standard base that in a certain measure was promoted by an illegibility of legislative regulation of the given question. With change from December, 20th, 2000 To edition of item 3 of item 4 of the Federal act «About a science and state scientifically - technical policy» only VAK became special representatives the Government of the Russian Federation the federal enforcement authority possessing the right of delivery of diplomas, confirming award provided by the state system of certification of scientific degrees (and, by the way, the right of delivery of the certificates confirming assignment provided state system of certification of academic statuses). As appears from the Instructive letter of the Ministry of Education of the Russian Federation from February, 6th, 2001 № 01-50-3-ИН/32-0310, deja - telnost public organisations on award of scientific degrees and assignment of academic statuses does not concern the state system of certification. However, in item 12.1 of Decisions of VI Conference of the international association of the state bodies of certification scientific and scientifically-psdagogichsskih top skills shots (MAGAT), passing in Yerevan on September, 22-25nd, 1998, it was proclaimed: « To consider unacceptable the delivery facts as not state organisations (academies, the commissions, small enterprises etc.) diplomas of the candidate and the doctor of sciences, certificates of the professor and the senior lecturer that leads to devaluation of the state criteria of certification and decrease in level of scientific researches »1. At the same time in item 7 of the same document creation of interstate councils about award of scientists steggenej on the basis of bilateral agreements between the state bodies of certification is recommended, that, as is known, while by Russia is not realised with one state. All told testifies that today (and tomorrow) it is necessary to consider as the dissertation only such scientific product (corresponding qualifying level) which has passed through structures of system of the state certification of scientific degrees, including VAK, and only about such dissertations it is necessary to have conversation, and the others - a fruit of someone's amateur performance, quite often selfish. Also it is not necessary to think, that it is a question of single instances: acting in October, 2003 at Humanitarian university of trade unions, main scientific secretary VAKa (at that time) V.Nevolin has noted: « In scientific and scientific and pedagogical activity in Russia are engaged approximately one million person, 100 thousand from them - candidates of sciences, 25 thousand - doctors of sciences. They are officially certified experts. Approximately "have as much cooked" lzhevaki. But now the Ministry of Justice has listened to insistings Minobrazovanija and VAK and firmly promised, that this active attestative activity will be considered as illegal »", But at the same time it is lasting danger. Acting on October, 22nd, 2003 at session VAK, the then Minister of Education of Russia V.M.Filippov has told: «commercial antistate activity can result In what results various"lzhevakov", arisen and operating, first of all, for the reason nesover - 1 Bulletin VAK the Russian Federation. 1999. № 2. With. 3. 2 Search. 2003. 24 okt. 18 shenstva legislative base, and it is in many respects simple thanks to omissions in work of some law-enforcement structures, it is visible on an example of number of references increasing practically in a geometrical progression in VAK Minobrazovanija to Russia as from the Russian organisations, and from abroad with the request to confirm competency of diplomas and certificates of our citizens. It is obvious, that such position negatively influences image of our country on international scene, creates unhealthy conditions in the country »11. While the problem dares on places financial methods: the Ministry of Labour of the Russian Federation has instructed, according to which the establishment of extra charges for an academic status should be made only at presence at workers of the corresponding document on assignment of an academic status of the senior scientific employee or the senior lecturer (for some reason there is no professor. - M. K) On a speciality state образца2, and in a number of the ministries and departments on ssj the account is given the instructions - in connection with inquiries arriving from the subordinated organisations. So, the vice-president YOU the Russian Federation (at that time) E.N.Ren the letter from January, 11th, 2003 № УК-11/1, addressed to chairmen of arbitration courts of the country «in connection with inquiries arriving from arbitration courts» (at least it means, that considerable number of the persons who have received diplomas «about scientific degrees» in "lzhe-VaKah" on jurisprudence, thirsted to work and already worked in system of arbitration courts of Russia and the CIS countries, including judges and heads of vessels), has directly specified, that «diplomas and certificates about award of scientific degrees and assignment of the academic statuses, given out by public organisations, in particular the Higher interacademic certifying commission and the Higher attestatsionno-kvalifika - tsionnym committee, are not documents of the state system of certification of scientific and scientific and pedagogical workers. The privileges established by the state and surcharges for scientific degrees and academic statuses extend only on the persons possessing diplomas and certificates of" the state sample ». The surcharges established by the order of the Ministry of Internal Affairs of the Russian Federation from April, 1st, 2004 № 211, for example, concern such privileges (per. In the MU of the Russian Federation № 5765) «About an extra charge establishment (additional payment) for a scientific degree to separate categories of the military men who are passing voen - nuju service under the contract, and employees of law-enforcement bodies». This order establishes the monthly extra charge for a scientific degree to the military men displacing military posts of supervising, professorial and scientific structure in military educational institutions of the higher vocational training, educational institutions of the higher vocational training of the Ministry of Internal Affairs of Russia and the scientific organisations of the Ministry of Internal Affairs of Russia, and this extra charge is established at a rate of monthly surcharge for a scientific degree, provided by the federal legislation for the workers occupying permanent appointments in budgetary establishments (organisations) of a science and in higher educational institutions. Similar certificates are accepted and in some other power structures. Sa^i «extra charges for degree» have recently strongly increased - the changes installed since November, 1st, 2006 in the Law «About the higher and poslevuzovskom vocational training» payments for a scientific degree to candidates of sciences have increased about 900 rbl. to 3 thousand rbl. (to doctors of sciences - from 1,5 thousand rbl. to 7 thousand rbl.) and this increase concerns 250 thousand teachers вузов1, At the same time there are various encouragements based on corresponding legal instructions for "ostepenenie" both on regional, and at local levels, and in separate high schools. For example, at the Tyumen state oil and gas university as the first pro-rector on scientific work marks and poslevuzovskomu to formation (the post underlines attention of this high school to a science: seldom in what high school a science the first pro-rector "knows" - M. K) I.M.to Viennese, «is documentary fixed system of material encouragements for protected in time master's theses and their heads. Besides, in time the protected post-graduate student having by this time the scientific and pedagogical experience, can hold at once a vacant post of the senior lecturer. About a demand of young candidates of sciences and to speak it is not necessary - again created structures in intensively developing high school promote career growth» ". The diploma of "the state sample» is established in the new form by the order of the Ministry of Education and Science of the Russian Federation from August, 9th, 2006 № 204 (per. In the MU of the Russian Federation № 8222) «About the statement of forms of documents of the state sample about award of scientific degrees to assignment of academic statuses of the professor on specialities and the senior lecturer on spetsi - 1 The Russian newspaper. 2006. 2 nojab. 2 Search. 2007. Ібфевр. 2 U alnosti »where in the form of the diploma of the candidate of sciences it is directly specified (on with. 2):« the Diploma is the document of the state sample ». Told above means, that procedures of the state certification of shots of the higher scientific qualification - practically at all stages - are in the field of the state legal regulation, Among structures of system of the state certification of shots of the higher scientific qualification central meego occupy dissertational councils and advisory councils VaKa. The last are created now and operate on the basis of Position about advisory council VaKa Minobrnau - ki the Russian Federation, approved by order Minobrnauki the Russian Federation from September, 13th 2006 g, № 226 (per. In the MU of the Russian Federation № 8408). It is necessary to tell also, that the governmental order of the Russian Federation from January, 30th, 2002 approved and put into effect since May, 15th, 2002 the Uniform register of scientific degrees and academic statuses in which according to legal bases of an estimation of qualification of science officers and criteria of definition of this estimation, provided the state system of certification, establishes following scientific degrees and academic statuses for scientific and scientific and pedagogical shots of the top skills: a scientific degree of the doctor (accordingly - the candidate) sciences gju science branches according to the nomenclature of specialities of science officers; an academic status of the professor (accordingly - the senior lecturer) on a speciality according to the nomenclature of specialities of science officers; an academic status of the professor (accordingly - the senior lecturer) on chair of educational institution of the higher professional and additional vocational training; It is established, that as documents on award of scientific degrees and assignment of the academic statuses provided by the state system of certification of scientific and scientific and pedagogical workers, diplomas and the certificates which have been given out by the Ministry of Education or other state bodies of the former USSR and the Russian Federation, earlier allocated corresponding functions in the field of the state certification of scientific and scientifically - pedagogical workers, and also diplomas and the certificates which have been given out in the states with which the Russian Federation are concluded dogovory (agreements) on their recognition and equivalence are valid only. From here follows, that candidates (and doctors) the jurisprudence, not having the diploma of the state sample and not included in the named register, not the present candidates (and doctors) sciences with all consequences following from here. And consequences not only for the owner of the artificial diploma of the candidate legal (and any others) sciences, but also for high school, in which they are registered (or only arrive for work) as candidates of sciences. The matter is that the order of Federal service on supervision in an education sphere and sciences (Rosobrnadzor) from September, 30th, 2005 № 1938 (per. In the MU of the Russian Federation № 7092) «About the statement of indicators of activity and criteria of the state accreditation of higher educational institutions» are approved (in the appendix 2) the criteria of the state accreditation used at examination of indicators of activity of high schools of various kinds (for example, the percent of the faculty with scientific degrees and (or) academic statuses (as an indicator of qualification of pedagogical workers) should constitute: for university and academy - not less than 60, for institute - not less than 55; the mid-annual number of protection of dissertations on 100 persons of scientifically - pedagogical personnel for five years should constitute: for university and academy - not less than three, for institute - not less than one, etc.), and it is clear, that "artificial" candidates (and doctors, senior lecturers, professors) sciences in these indicators do not join, And as they do not join in other statistics. For example: « Today in Russia hardly more than 158 thousand candidates and 37,5 thousand doctors of the sciences working in high schools, By estimations of experts of the commission of the Council of Europe by training, financial losses of Russia from emigration of scientists reach 60 mlrd dollars a year »1. And further:« And all Russia in 1991-2005 there have left 20 000 scientific employees of the top skills - unprecedented "brain drain" in history ". And further:« the General number of students has increased for last 6 years in 2,5 times, and number of teachers with a scientific degree - only on 4 % »"\Owing to prestigiousness of the juridical education to law students, their teachers and this unbalanced growth first of all concerns colleges of law. 3. Absolutely close, on the chosen formation, there are dissertational researches, for any reasons "cut" on this or that stage of the state certification. The range of the reasons is extensive. And on one edge of this range there are dissertational researches, including on jurisprudence, which 1 Russian gazega. 2006. 2 nojab. "The Russian newspaper. 2006. 5 seng. 1 Russian newspaper. 2006. 31 avg. 22 it is possible to carry with the big share of convention to the pseudoscientific. In naukovedenii the corresponding criterion of branch of scientific activity from the pseudoscientific is developed:« The activity applying for the status scientific, can be qualified as pseudoscientific only when there are serious bases to believe, that the valid purposes of this activity do not coincide with the science purposes, that it in general lays out of problems of objective knowledge and only stages their decision »12. However, this criterion, first,"floating"(in the chronological plan), secondly, not always accurate enough. But to use it as a whole it is possible, and, probably, the generalised example in the jurisprudence, widely enough practising at us in first half 90th years of the last century, there were offers to settle those or other spheres of public relations in Russia concrete acts of the western countries. But legal system (in the widest understanding, i.e. including both a political system, and the legislation, both structure, and competence of supervising state bodies, and systems law-enforcement and courts of justice, and pravoprimenenie, and so forth) Is a product of historical development in a concrete society, and se as entirely, and parts it is impossible to borrow from other society let most advanced in this sphere of the state. It for each society, for each state - is original, it - a fruit of a society and owing to this circumstance can develop only in natural - organic for the given society - a mode. On other to edge of this range there are dissertations, nezasluzhenno "cut" at protection or at export in VAKe, during an aggravation of struggle of scientific schools, "squaring of accounts" of separate members of dissertational council with the supervisor of studies of the author of dissertation (unfortunately, not all scientists-lawyers, owners of doctor's degrees, simultaneously possess high moral qualities) and on another, as not to the objective bases. But here to speak about pseudoscientific research it is not necessary, these are the present dissertations. Usually "cut" dissertations (in VAKe candidate about 3 % annually, doctor's - to 7 %) because of their discrepancy to shown requirements, "nedotjagivanija" their established kritsri - holes - the reasons and the bases here set. These are dissertations, it is a little (or much) "not holding out" to the presents. Most likely, in connection with toughening of content requirements and to registration of dissertations, especially on social studies (so - and on legal), number of the "cut" dissertations any time will grow. And what these requirements? Also what such - the master's thesis from especially formal, legally issued point of view? There is a definition of the dissertation fixed by the corresponding rule of law by results of which protection the corresponding scientific degree is appropriated. In valid provision item 8 about an order of award of the scientific degrees approved by the governmental order of the Russian Federation from January, 30th 2002 with. (Any subsequent change of Position of edition of the given point has not mentioned), the official formula of the master's thesis is resulted: «the Dissertation on competition of a scientific degree of the candidate of sciences should be scientifically-qualifying work in which the decision of the problem having essential value for corresponding branch of knowledge contains, or scientifically proved technical, economic or technological workings out having essential value for economy or maintenance of defensibility of the country» are stated. For comparison - the official formula of the thesis for a doctor's degree fixed in same and. 8, is much wider: « The dissertation on competition of a scientific degree of the doctor of sciences should be scientifically - qualifying work in which on the basis of the researches executed by the author the theoretical positions which set can be qualified as new large scientific achievement are developed, or the large scientific problem having the important welfare or economic value is solved, or scientifically proved technical, economic or technological decisions which introduction brings the considerable contribution to development of a national economy and increase of its defensibility »are stated. For comparison: according to Position item 4.2 about magisterskoj to preparation (magistracy) in system of multilevel higher education of the Russian Federation approved by the decision of the State committee of the Russian Federation on higher education from August, 10th, 1993 № 42, magisterskaja the dissertation is the independent scientific research which is carried out under the guidance of the supervisor of studies (for the works which are carried out on a joint of directions, with attraction of one or two scientific advisers); protection magistsr - skoj dissertations and delivery of final examinations in the higher educational institutions having the state accreditation, occurs publicly at session of the State certifying commission (Order Minobrazovanija the Russian Federation from September, 16th, 2003 № 3572 State Committees of the Russian Federation given the decision on higher education so, and Position about a magistracy are recognised by become invalid). Thus, dynamics complicated ™ formulas or magisterskoj to candidate, and further - to the thesis for a doctor's degree is traced distinctly enough. To Lawyers-professionals dynamics dismembered on signs, will tell much. Figuratively it is possible to present it so: the doctor of sciences is capable to give rise to the scientific plans and it to carry out storm and break in a science, and the candidate of sciences is capable to acquire another's scientific plans and to master grasped by doctors of sciences scientific territories. Costs, again for comparison, to look at formulas of the master's theses fixed in normative acts. So, in Position item 14 about an award order to scientific and scientific and pedagogical workers of scientific degrees and assignments to science officers of the academic statuses, approved by the governmental order of the Russian Federation from October, 24th, 1994, it was fixed: « The dissertation on competition of a scientific degree of the candidate of sciences should be scientific qualifying work in which the decision of the problem having essential value for corresponding branch of knowledge contains, or scientifically proved technical, economic or technological workings out providing the decision of the important applied problems »are stated. Similarity of this formula of the master's thesis with resulted in Position of 2002 testifies not only to organic continuity of these standard documents, but also on stability of formulas of dissertations and neizmsnchivosti the approach (even - requirements) the states to their high level. Such conclusion proves to be true also comparison of the resulted formulas of dissertations 1994 and 2002 with the formula fixed in item 14 of Position about an order of award of scientific degrees and assignment of academic statuses, the Ministerial council of the USSR approved by the decision from December, 30th, 1989:« The dissertation on competition of a scientific degree of the candidate of sciences should be scientific work in which the new decision of the problem having essential value for corresponding branch of knowledge contains, or scientifically proved technical scientifically proved technical, economic or technological workings out providing the decision of the important applied problems », - and also with the formula fixed in item 28 of Position about an order of award of scientific degrees and assignment of academic statuses, the Ministerial council of the USSR approved by the decision from December, 29th, 1975 are stated:« the Dissertation on competition of a scientific degree of the candidate of sciences is the finished scientifically - research work executed independently or under the guidance of the doctor of sciences, the actual scientific problem containing the new decision having essential value for corresponding branch of knowledge ». Hence, the dissertation is and nauchaja, and qualifying work simultaneously. Accordingly, the dissertation - whether candidate, doctor's - on jurisprudence is the same legal formula with legal defining, i.e. the work executed on a legal scientific speciality or on a joint of jurisprudence (the truth, at representation of the dissertation which are "not entered" in scientific specialities on which the given dissertational advice has the right to accept to protection, there can be complexities with doukomplektovaniem council, but it already complexities of organizational character). The scientific component of dissertations (both candidate, and doctor's) is fixed in item 9 of the named Position of 2002 where it is specified, that: the dissertation should be written individually, contain set of new scientific results and the positions which are put forward by the author for public protection, to have internal unity and to testify to the personal contribution of the author to a science; what is the author new decisions should be given strictly reason and critically estimated in comparison with known »decisions; also that in the dissertation having applied value, data on practical use of the scientific results received by the author, and in the dissertation having theoretical value should be resulted. - recommendations about use of scientific conclusions. Is even more convex a scientific component of the dissertation it is shown in author's formulations, for example: «the Dissertation in the form of the manuscript is a special kind of scientific product which represents reflexion by means of the literature of scientific research in which scientific creativity as process of scientific development and the validity and as creation of the scientific values enriching a science is realised. Its subject is the system of the scientific concepts providing functioning in scientific communications of the basic forms of knowledge that gives the chance to realise the main functions of a science, such, as the description, an explanation, a prediction, generalisation and ordering the phenomenon and the activity facts». And further: « In such product are fixed as initial preconditions of scientific research, and weigh its course and the results received thus. Here the scientific facts are not simply described, and their all-round analysis where are adequately reflected both general scientific is carried out, and special methods of the scientific knowledge, which legitimacy of use is comprehensively proved in each concrete case of their application »'. From the resulted positions follows, that in the master's thesis the scientific component should be dominating, i.e. it cannot be the abstract, let and is system stated, on any, even to very important theme, especially compilation when from ten books or dissertations the eleventh is created. However, there is also other point of view. E.M.Nsvolina, for example, approves, that the dissertation is first of all qualifying work, i.e. the competitor should not only show to scientific community readiness to enter its numbers, but also to prove, that it is really worthy it ". It is represented, however, that the skill level should be defined taking into account scientific level of work, rather the reverse. And a scientific component in magisterskoj the dissertation be valid can insignificant, in candidate this level should be sufficient that the dissertation could be characterised unequivocally as scientific work, and the thesis for a doctor's degree should have the right to be called as a fundamental scientific pond. And if it so, means, there is also a necessary skill level at its author. Pertinently to pay attention and to the known fact following widely enough. Has developed so, that our Russian (in the past Soviet) the master's thesis corresponds to the western thesis for a doctor's degree. Therefore it is quite lawful, that the Russian newly-baked scientist on the cut-away to the text in Russian informs, that he is a candidate (concrete branch) sciences, and in the text in English, that he is a doctor (doc/or) the same concrete branch of sciences, Not pressing in searches of the answer to question naturally arising thus, to what scientific size our Russian (Soviet) doctor of sciences in the West is equated, I will direct attention of the reader to more prominent aspect. The beginning scientist doing only the first steps in a scientific field and only defining with what to begin master's thesis performance, actually gathers - in the western scientifically-organizational scale of values - to create the thesis for a doctor's degree. It actually can, and is quite lawful, direct right after master's thesis protection (after all as it is told in Position item 5 about an order of award of scientific degrees, the scientific degree of the candidate of sciences is awarded by dissertational council (! - M. K) By results of public protection of the dissertation by the competitor; the truth, in the same place it is told, that VAK have the right to check selectively attestative affairs and dissertations of competitors of a scientific degree of the candidate of sciences and by results of check in case of revealing of infringements of an order of representations and are sewn up dissertations VAK have the right to cancel the decision made by dissertational council on award of a scientific degree of the candidate of sciences; but a scientific degree of the doctor of sciences awards VAK on the basis of the petition of dissertational council...) To call itself - in the West - the doctor of sciences. With joining of our country to Bolonsky process similar tendencies will start to amplify and officially to be made out, and first "swallow" in this sky has already appeared: in the spring of 2003 the Ministry of Education of the Russian Federation and the Ministry of affairs of youth, formation and scientific researches of France have signed the intergovernmental document on a mutual recognition and equivalence of documents on scientific degrees in which force our diploma of the candidate of sciences corresponds to the diploma of the doctor of sciences (Ph. D) France. There are also other motions in the given direction, thus offers to establish at us as in the West, single-level system of scientific degrees (i.e. to liquidate our doctor's degrees) support does not find. At the same time the named circumstance imposes on beginning the way to a science certain obligations, including necessity of comprehension of basic difference of the master's thesis from degree work and from magisterskoj dissertations. This difference consists in that. That if degree work, as well as magisterskaja the dissertation, is a qualifying work (in it, konech - but, can be present and a scientific segment, and quite often it is present, but at all is not obligatory), testifying that its author meets certain qualifying requirements (established, for example, for the expert with the higher professional juridical education) the master's thesis, also being qualifying work, first of all should be scientific in direct understanding of this word, result enough serious and rather long research. As in system of the Russian Academy of Sciences it is considered to be, that the science is a reception of new knowledge, during work on the master's thesis this new knowledge should be received and reflected in its text, and distinctly enough. WHETHER
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A source: Kleandrov M.I.. the MASTER'S THESIS of the LAWYER: the CHOICE And WORKING out of the THEME 3 izd., the reslave. And dop. Moscow. 2007

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