DOI: 10.7256/2454-0706.2020.10.33812

Abstract: The subject of this article is the trends of reflection of the problems of national security in the Russian scientific works within the framework social and humanities disciplines as a whole, and jurisprudence in particular. Research methodology is define by uniqueness of the subject matter. Analysis is conducted on the texts of thesis works defended in jurisprudence, economic, sociological, philosophical, and political sciences in the XXI century. Using the level approach, the author proposes classification of scientific works depending on the proximity of their subject to national security as the complex object of study, as well as gives a brief overview of the structure of research from the perspective of different scientific disciplines. Attention is turned to underdevelopment of cross-disciplinary relations within the framework of the universal theory of national security. The author creates a five-level model of the theory of national security that allows ranking research from the applied levels to most abstract. In the context of this model, the author examines methodological approaches towards national security that formed within the framework of different social and humanities disciplines. The conclusion is made on the leading role of political science in creating a cross-disciplinary theory of national security; however, emphasis is placed on the fields available for analysis using solely the legal scientific methodology. Considering the revealed lacuna with regards to fundamental legal research, the need for further theoretical-legal research of national security is substantiated.

DOI: 10.7256/2454-0706.2020.10.43373

Abstract: The subject of this article is the trends of reflection of the problems of national security in the Russian scientific works within the framework social and humanities disciplines as a whole, and jurisprudence in particular. Research methodology is define by uniqueness of the subject matter. Analysis is conducted on the texts of thesis works defended in jurisprudence, economic, sociological, philosophical, and political sciences in the XXI century. Using the level approach, the author proposes classification of scientific works depending on the proximity of their subject to national security as the complex object of study, as well as gives a brief overview of the structure of research from the perspective of different scientific disciplines. Attention is turned to underdevelopment of cross-disciplinary relations within the framework of the universal theory of national security. The author creates a five-level model of the theory of national security that allows ranking research from the applied levels to most abstract. In the context of this model, the author examines methodological approaches towards national security that formed within the framework of different social and humanities disciplines. The conclusion is made on the leading role of political science in creating a cross-disciplinary theory of national security; however, emphasis is placed on the fields available for analysis using solely the legal scientific methodology. Considering the revealed lacuna with regards to fundamental legal research, the need for further theoretical-legal research of national security is substantiated.

DOI: 10.25136/2409-7543.2020.4.33827

Abstract:  The subject of this article is the ontological status of the body of legal norms regulating social relations in the area of national security, set in the international legal acts, acts of strategic planning, federal and regional laws and bylaws of different levels. The author carries out a methodological analysis of scientific publications in the field of the general theory of law, scrutinizes the methodological categories of “legal Institution”, “branch of law”, “legal regime”, uses systematic interpretation, as well as applies formal-legal and logical analysis of the provisions of normative legal acts that regulate social relations in the area of national security. The author determines a vast number of normative legal acts related to national security. The analysis of scientific literature allowed revealing the problematic status of norms contained in the aforementioned acts, along with the idea of scholars that they comprise the institution or branch of law. An opinion is advanced that this discussion is substantiated by seeking grounds for systematization of the body of legal norms that regulate social relations in the area of national security. The conclusion is made on the objective difficulties of such systematization. It is underlined that substantiation of systematicity of legal norms depends on subjective and objective criteria; although currently, the body of norms on national security does not comply with any of them. Two author suggests two solutions to alleviate the urgency of the problem: pluralistic approach, and reference to the category of “legal regime”. Considering the dualistic static-dynamic interpretation, the methodological advantages of the latter are justified.