Academic doctrinal research of civilistical problems of securities and financial markets

The purpose of this work is to characterize the state and dynamics of basic doctrinal research on the scientific problems of civil-legal regulation of securities and financial markets, in terms of their impact on positive law. Content analysis, formal-logical and specific-historical approaches, extrapolation, legal modeling are used as the main methods. The central idea is the common in the environment of academic science and the one we share a strong opinion that the concept of "scientific problem" is most attributed to the subjects of Dr. Sci. dissertations. In the case of Cand. Sci. dissertations it is more appropriate to use definitions such as "issues," "tasks," "solutions" and other similar, not so large in scale compared to the "scientific problem." In the retrospective period of about twenty years, which roughly corresponds to the period of formation of the modern national system of securities and financial markets legislation, several dozen Cand. Sci. dissertations and only a few Dr. Sci. dissertations on this subject were defended in Russia. The result of the relevant dissertation studies was the formation of the main theoretical provisions on the legal nature of documentary and non-documentary securities, the development of methods of civil-legal regulation of the emission and circulation of securities of various forms and types, the construction of the civilistic foundations of model relationships in financial markets and financial investments, the formation of common approaches to the regulation of the system of civil-legal relations in the securities market, the staging of a number of related scientific problems in the designated area. It can be concluded that, despite the academic studies already took place, a number of doctrinal questions are still open. These include: the development of a common legal regime for the "financial instrument" category, which includes securities, derivatives, and some other instruments; the formation of sustainable scientific ideas on the mechanism of legal regulation of civil turnover of securities and other objects of financial markets relations; the methodology of legal construction and consolidation in the positive right of new legal definitions, the development of understanding of the special legal personality of legal relations subjects.

securities, financial markets, financial instruments, dissertation, civilistic research, scientific issues, methodology