Empirical basis of research. Empirical basis for the study of social phenomena

The information basis of the dissertation research is civil legislation, other regulatory legal acts, materials of judicial practice on the application of civil law.

In addition, the author considered the materials of reports, conferences, reports government agencies and non-governmental and international organizations, publications of leading law and audit firms, investment banks, recommendations of international rating agencies, as well as numerous information on the Internet, in particular, on the pages of participants in securitization transactions that were carried out in Russia.

The purpose of the dissertation work is a comprehensive study of the legal status of a special legal entity in relation to other participants in an asset securitization transaction, as well as a set of rights and obligations of a special legal entity in asset securitization transactions.

To achieve this goal, the following main tasks are solved:

study of foreign theory and practice of securitization transactions and identification of the main characteristics of a special legal entity in asset securitization transactions abroad;

analysis of the theory of securitization of assets, as well as the practice of securitization transactions and participation in them of special legal entities in Russia;

analysis of the provisions of Russian legislation regulating the issues of the legal status of a mortgage agent in asset securitization transactions through the issuance of mortgage-backed bonds;

substantiation and development of proposals for improving the Law on Mortgage Securities in terms of the legal status of a mortgage agent;

a comprehensive analysis of the provisions of the current legislation to determine the possibility of effective use of the Russian

economic company as a special legal entity in asset securitization transactions; as well as the rationale and development of recommendations for the construction of Russian legislative regulation of the status of special legal entities in Securitization transactions of various types of assets by adopting a law on securitization.

The methodological basis of the study was made up of both general scientific and specific research methods - systemic, linguistic, historical, logical, methods of modeling and generalization, comparative legal, method of analysis and interpretation of legal acts.

Scientific novelty research results in the fact that this dissertation is the first comprehensive scientific research legal status of a special legal entity in asset securitization transactions under Russian law. The most significant results obtained by the author and containing scientific novelty are as follows.

The dissertation clarifies the content of such concepts and categories as "securitization", "assecuritization of assets", "actual sale", "protection against bankruptcy" and formulates the definitions of a securitization transaction and a special legal entity.

The paper proposes a list and discloses the content of the main characteristics of a special legal entity in asset securitization transactions.

The dissertation research substantiates a number of new theoretical provisions that are important for the development of southern theory and practice. In particular, we are talking about the development of provisions on the special legal capacity of a special legal entity, on the creation of a special legal entity as a person independent of other participants in the transaction, as well as on the special bankruptcy regime of a special legal entity.

The scientific novelty of the dissertation is also determined by the fact that it developed a number of new conclusions aimed at improving the theory and legislation in terms of the legal status of a special legal entity.

More on the Empirical Basis of Research:

  1. 1.2. Legal grounds for approaching the personality of a criminal as an object of psychological research

The regulatory framework of the study includes the Constitution of the Russian Federation, federal laws regulating the activities of credit institutions, and other regulatory legal acts. Russian Federation(decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, legal acts of the Bank of Russia). The work uses certain provisions of international legal acts, the Banking Code of the Republic of Belarus, the Economic Code of Ukraine; a number of normative legal acts have been studied, which have now lost their legal force, but their content is of scientific research interest from the standpoint of comparative analysis with current regulations.
The empirical base of the study was legal acts of various courts of the judicial system of the Russian Federation, statistical and other data reflecting the development of law enforcement activities of financial and credit authorities and the positions of the courts in aspects of the implementation of regulatory legal acts regulating public aspects of the activities of credit institutions as subjects of financial law.
The scientific novelty of the dissertation lies in the fact that the conceptual study of the financial legal personality of credit institutions is carried out for the first time.
The dissertation contains a comprehensive theoretical and legal study of credit institutions as subjects of modern financial law. Based on the features of the subject and method of financial law, the author positions the broad (multi-aspect) content of the legal personality of credit institutions in the field of financial (public) law.
The sectoral (special) financial legal personality of credit institutions, depending on the characteristics of their subjective legal rights and the subjective legal obligations assigned to them, is divided into active and passive, as well as competent and passive-active.
The study of the content of these types of legal personality in various areas of financial, monetary and credit relations was carried out taking into account certain areas of the financial and legal policy of the modern Russian state.
As a result of the study, in order to improve the legal regulation of the participation of credit institutions in financial activities state (municipalities), the author developed a draft chapter “Relations between a credit institution and the state (municipalities)” as part of a draft law aimed at codifying banking activities (the Monetary and Credit Code of the Russian Federation).

For quantitative analysis, we used the part of the database of a survey of university graduate students that is available to us. The data were collected in 39 universities of the CIS countries (Russia, Armenia, Kyrgyzstan, Moldova, Ukraine, Kazakhstan, and Tajikistan) in 2013 within the framework of the project “Assessment of the migration potential of university graduate students educational institutions CIS countries” of the Center for Migration Policy of the Institute for the Management of Social Processes of the National Research University Higher School of Economics. Data were obtained on 8220 graduate students of three levels higher education(bachelor's degree, specialist's degree, master's degree). Respondents from 5 cities (Kaliningrad, Kemerovo, Perm, Rostov-on-Don, Ufa) were available for analysis. The sample size is 1658 respondents. The data were collected on the target available sample, where the criterion was the last year of study at the university.

Figure 2. Distribution of respondents by city

In general, the distribution of respondents is close to equal (18-20% for each city), with the exception of Perm, where 26% of respondents were interviewed. But such a small excess can be considered acceptable.

The questionnaire includes 105 questions, grouped into 10 blocks, on the socio-demographic and biographical characteristics of the respondents, including in retrospect, the characteristics of the place (settlements) where they are going to live and work after graduating from universities, factors determining the choice of a place of future residence and life plans in general. A fragment of the questionnaire is in Appendix 4.

The sample is available and this is an important limitation of our data. The data collection procedure involved a self-completion questionnaire. We do not have data on the rate of return of questionnaires, and the available sample may lead to a bias towards certain universities and specialties. Thus, in the sample, the majority of graduates are graduates of the faculties of economics and management (31%), relatively few graduates of medical specialties (1.5%). It is impossible to assess how much this distribution corresponds to the real distribution of university graduates in the cities under study due to the lack of data. In any case, the data can only be generalized for the studied population of university graduates from these cities.

A bias towards certain specialties can lead to a shift in the study of migration attitudes, since different specialties and universities can have different diploma quotations.

Finally, when analyzing, it is important to take into account regional features and features of individual cities. Grigoriev L., Zubarevich N., Urozhaeva Yu. Scylla and Charybdis regional policy// Issues of Economics. 2008. No. 2. P. 85, 91. Our sample includes large cities with fairly high living standards. Kaliningrad clearly stands out from the rest of Russia in terms of special territorial isolation. In terms of population, Kaliningrad and Kemerovo are comparable, but these cities are approximately 2 times smaller than the other million-plus cities. Rosstat data as of January 1, 2013

Retrieved May 30th.

It seems important to us to look at the migration flows of these cities. There are no separate statistics for cities, with the exception of population. If you look at the migration flows by the constituent entities of the Russian Federation, the Kaliningrad region stands out strongly, where approximately 6% of those who left migrate outside the country. Regions of Russia. Socio-economic indicators. 2013: stat. Sat. / ed. Dianov M.A. federal Service state statistics. M.: 2013. S. 81-83. For comparison, this figure ranges from 0.4% (for the Republic of Bashkortostan) to 1.6% (Kemerovo region). The most popular destinations for international migration for the Kaliningrad region are Latvia, Lithuania and Germany. Rosstat data for the Kaliningrad region. Retrieved May 31, 2015. URL: Most likely, this feature of migration flows is influenced by the special territorial position of the Kaliningrad region. This fact is important to take into account in the analysis.

To study how the place of potential migration is perceived in a qualitative strategy, we chose the case of Ufa. This choice is due to the fact that, according to the results of the analysis of the survey data, among Ufa graduates, compared to other studied cities, there are significantly more of those who intend to move within the country. (Appendix 1, table 17). Such a connection seems to be especially relevant for study, given that there are a fairly large number of universities in the region. Data from the Education Statistics website. Retrieved May 31, 2015. URL: , low unemployment Rosstat data. Retrieved May 31, 2015. URL: , and the gross regional product is one of the highest among the regions under consideration Rosstat data. Retrieved May 31, 2015. URL: .

At the qualitative stage of the study, 15 semi-formalized interviews were conducted. The field stage was held during August 2014 in Ufa. The interviewees were graduates of Ufa universities in 2014 and graduate students in 2015 who have a formed intention to leave Ufa after graduation (excluding cases of return migration). Thus, the sample of informants is characterized as a target one.

The selection of informants was carried out using the snowball method with 5 entry points, where the maximum number of found informants from one entry point is three. This small number of informants from a single entry point allows for less bias in the search for informants. Of the 5 entry points, 3 are acquaintances of the interviewer, the other two were found on the Vkontakte social network.

Characteristics of informants are shown in Table 3.2. The sample included graduates of 5 universities: Ufa State Petroleum Technological University (UGNTU), Bashkir State University (BSU), Ufa State Aviation University (USATU), Bashkir State Medical University (BSMU), Ufa State Academy of Arts (UGAI). Among the informants there are 6 girls and 9 boys. Almost all of them are local residents or lived in other cities of the republic. Directions of migration: Moscow, Kazan, non-CIS countries and St. Petersburg.

Table 1. Short description informants

Direction of migration

Acquaintance with the place of relocation

Year of issue

Place of residence before admission

Every few months comes to the girl

Never been, knows from friends

Visiting experience as a tourist

Spent the summer there when I was 14

Was as a tourist

Republic of Bashkortostan

St. Petersburg

Sister lives, been there several times

Republic of Bashkortostan

Finland

Planning a trial visit in January

Republic of Bashkortostan

St. Petersburg

Was as a tourist

Scandinavia

Republic of Bashkortostan

I haven’t been, I know from the words of relatives and friends

Republic of Bashkortostan

San Francisco

Lived for several months, worked

I spent this summer in Moscow, before that I came for a maximum of 10 days

The interview guide included the following main blocks of questions: reasons for moving, description of the direction (place) of the proposed move, current place of residence, ideas about the ideal place of residence, etc. (Appendix 5). During the interview, conversations often deviated from the plan, as the informant began to unwittingly compare the current place of residence and the place of the proposed move, and argued why the place of move attracted him. This deviation from the guide can be considered productive, as it allowed us to obtain new categories for analysis, to expand theory-based ideas about the factors that attract potential migrants.

Researchers actively use projective techniques to study ideas about a “place”, as they allow one to obtain qualitatively different information expressed non-verbally. Techniques of mental and cognitive maps are widely known. Unlike mental maps, the use of cognitive maps to reflect ideas about the city is also possible when studying a city that is different from the place of residence of the informant, as is assumed in our case. Zhdanova S. Yu., Kilchenko O. I., Mishlanova S. L., Polyakova S. V. Visual-figurative content of the psychological representation of the urban environment among the residents of sister cities // Vector of Science TSU. 2011. No. 7. S. 185.

Cognitive maps are designed to reflect the spatial representations contained in people's heads, important places filled with special meaning. This type of map is a sketch of the area, made by hand from the memory of the informant. Veselkova N.V. Mental maps of the city: Questions of methodology and practice of use // Sociology 4M. 2010. No. 31. P. 12. Very often, this technique is used to obtain ideas about the area from children or, conversely, older informants. Blaut J. M., Stea D., Spencer C., Blades M. Mapping as a Cultural and Cognitive Universal // Annals of the Association of American Geographers. 2003 Vol. 93. No. 1. P. 165-185. The methodology involves both an open free task to draw a vision of the city (free-recall sketch maps), and clearer ones, for example, on an existing map (sketch maps). Hooper H., Lloyd R. Urban Cognitive Maps: Computation and Structure // The Professional Geographer. Vol. 43. No. 1. P. 18 - 20. There is also a technique of cognitive maps, when within the given boundaries it is necessary to recall all the existing buildings. This technique is used rather for practical purposes of urban planning. Evans G. W., Smith C., Pezdek K. Cognitive Maps and Urban Form // Journal of the American Planning Association. 2007 Vol. 48. No. 2. P. 233. In our case, we are interested in the attractive features of the proposed place of relocation. In this regard, it is more useful to give the task in a free form, so that the informant himself reflects all the important characteristics of the proposed place of relocation. The informant was asked to draw how he imagines the city of the proposed move. Thus, the informant worked on a spatial map (free-recall sketch maps) of the city. Until the beginning of the interview, the informants were not warned about the need to create a cognitive map, which precludes intentional preparation. On the other hand, he could not supplement his drawing with any ready-made images, as is done when creating a number of mental maps (parts of a real map, photographs, images).

Cognitive maps were drawn by informants at the end of the interview. For the image, an A4 sheet, a set of gel pens of 10 colors, a set of pencils of 15 colors, a blue ballpoint pen, a few simple pencils with an eraser were provided. The position of the sheet (horizontal or vertical) was chosen by the informant at his own discretion, as well as the number of drawing tools used.

The theoretical basis of the study is a system of scientific provisions, scientific theories, methodological principles and approaches, on the basis of which a research hypothesis was put forward and an analysis of the theoretical and empirical results of the study was carried out.

Theoretical basis studies were the theory of learning activity L.S. Vygotsky, P.Ya. Galperin, D.B. Elkonin, V.V. Davydov; concepts professional competence and professional competence developed at the Institute of Pedagogy and Psychology vocational education RAO under the leadership of G.V. Mukhametzyanova.

Research methods and techniques

Translated from ancient Greek, "method" means "the path to ..." - the path to achieving a specific goal, any result.

Speaking of research method, usually mean certain principles, methods of cognition, as well as the rules and procedures of research developed on their basis.

The main research methods used in psychology include:

a) methods theoretical research(comparison, generalization, classification, typology, analogy method);

a) methods of empirical research (observation, experiment, testing, questioning);

b) methods of mathematical processing and analysis of empirical data (statistical, correlation, cluster, factor, dispersion, content analysis);

The choice of method is determined by the choice of the object and subject of research, the goals and objectives of the study, as well as the capabilities and predilections of the researcher.

Research methodology- a specific form of implementation of the method, which allows obtaining initial empirical data (observation or experiment protocols, a specific test, a separate questionnaire or questionnaire).

The study used methods expert assessments, experiment, psychological testing, questioning.

To determine the level of professional competence of teachers, a specially developed Questionnaire (see Appendix 1) and an expert evaluation form (see Appendix 2) were used.



The degree of students' understanding of the teacher's explanations was determined by the method of content analysis.

Intellectual tests were used to determine the level of development of thinking processes (see Appendix 3).

When processing and analyzing empirical data, the methods of mathematical statistics and correlation analysis were used.

The reliability of the results of the empirical study was verified using statistical criteria Student.

Experimental research base

The experimental base of the study is the place where the empirical (experimental) part of the study was conducted (educational institution, organization), and the sample of subjects who participated in the study.

Experimental research base there was gymnasium No. 75, students of the 8th and 10th grades in the amount of 96 people (54 girls and 42 boys) and subject teachers in the amount of 8 people with teaching experience from 3 to 15 years.

Practical significance of the study

Justification of the practical significance of the study requires an indication of the applied areas of psychology in which the results of the study can be applied.

Main body of work

In the chapters of the main part of the work, the state of the research problem is considered in detail, the research hypothesis is substantiated, the methods and procedures of the research are described, the main results are given and their interpretation is given. All materials that are not essential for understanding the solution of the tasks set are included in the appendix, which must be referenced in the main text of the work.

The main part of the work is divided into two parts: theoretical and empirical.

2.5.1. Theoretical part

The theoretical part reveals the theoretical basis of the study. The section includes:

· analysis of key concepts and main theoretical approaches used in the study of the WRC topic, with obligatory reference to the publications of leading specialists (psychologists) who were engaged in the study of certain aspects of this topic;

analysis of empirical data on the research problem obtained by different authors, and the expression of one's attitude towards them (which one is critical and why);

The logic of the presentation of the material in the theoretical part should be subordinated to the goal of formulating and substantiating the research hypothesis and approaches to its empirical verification.

When presenting the theoretical part, it is obligatory to make references to literary sources (publications) from which this or that material is taken. The reference is made using square brackets, in which the number under which this publication appears in the list of references is put down, for example. When citing any provisions and borrowing passages of text from the publication used, the page number on which the corresponding text is located should also be indicated, for example.

The task of the theoretical part is to get a deeper understanding of the essence of the chosen research topic. This part shows the level of understanding by the student of the problem and the subject of research, gives an idea of ​​how the student is guided in which of the psychologists and what contribution he made to the problem he is studying.

2.5.2. Empirical part

Unlike the theoretical part, where the student demonstrates his ability to work with literature and analyze various theoretical concepts, in the empirical part he demonstrates the skills of practical use of various psychodiagnostic procedures, the ability to work with subjects, organize and conduct psychological testing.

In this section, it is necessary to describe in detail the procedure for organizing and conducting the study, the methods and techniques used in the study, the list of diagnosed indicators, the procedure for processing and analyzing the initial empirical data.

You should give as detailed answers as possible to questions about what was studied and measured, how the study and measurement were carried out, what results were obtained. Be sure to indicate the degree of accuracy and the level of reliability of the results of the study.

The empirical part of the study includes:

Description and justification for the choice of methods and procedures used in the study;

An indication of the procedure for selecting subjects for the study;

Presentation of the results of qualitative and quantitative processing and analysis of the obtained empirical data;

Interpretation of data (i.e. disclosure of their scientific psychological content, primarily in the context of the research problem and hypothesis);

Evaluation of the reliability of the conclusions that are made on the basis of the analysis of empirical data, and their relationship with the research hypothesis (as far as it is confirmed or not confirmed).

Conclusion

This part of the work plays the role of an ending, due to the logic of the study. Here is a summary of the results and conclusions obtained during the implementation of the WRC, their relationship with the general goal and specific tasks set and formulated in the introduction. It is necessary to emphasize the new, significant that was obtained as a result of the study.

Typically, the final results of the study are drawn up in the form of a number of numbered paragraphs.

In this part, it can be noted what important side scientific results have been obtained, what new scientific tasks arise in connection with this.

Bibliography

The list of references used is placed after the conclusions and before the appendices. It allows documenting the authenticity of borrowings and references given in the text.

The number of literary sources indicated is from 15 to 30.

The location of bibliographic sources is given either by the author's last name, or by the first word in the title of the book, document or article, if the authors are not indicated. Authors with namesakes are located in the alphabet of initials. Works of one author - in chronological order.