METHODOLOGICAL PROBLEMS OF IDENTIFYING THE PRINCIPLES OF BUSINESS LAW

Overview

This study addresses methodological problems in the identification of principles of business law within Russian legal science. The investigation stems from observed uncertainty in how scholars define and classify the foundational principles governing the business law branch. Through formal legal analysis and historiographic examination of doctrine, the research establishes that this methodological ambiguity derives from multiple structural and conceptual factors inherent to the organization of Russian business law.

Methods and approach

The research employs formal legal analysis of normative legal acts to identify statutory principles of law. Supplementary methods include systematic analysis of scientific literature and historiographic analysis of doctrinal positions regarding business law principles. The analytical framework is grounded in positivistic legal understanding, which serves as the epistemological foundation for distinguishing between normatively enshrined principles and those existing solely within scholarly doctrine.

Results

The study identifies three primary causes of methodological uncertainty in principle identification: the complex, multifaceted nature of the business law branch; the absence of comprehensive codification of business law; and the lack of a normative instrument that functionally replaces codified law in this domain. Additionally, scholarly uncertainty stems from inconsistent application of specific legal theoretical frameworks among researchers and insufficient distinction between principles codified in law and those derived from doctrinal analysis. The research proposes a formal definition of business law principles and determines that only the Constitution of the Russian Federation and the Civil Code establish such principles with statutory force. Only one principle—freedom of entrepreneurial activity—qualifies as specifically and constitutionally enshrined to business law proper.

Implications

The findings establish that all other identified principles of business law operate either as general legal constitutional principles applicable across multiple branches or as interbranch principles that may be codified at constitutional or civil law levels. This classification schema addresses the doctrinal confusion by providing clear categorical distinctions. The research indicates that methodological rigor requires explicit differentiation between normative codification and scholarly conceptualization when identifying legal principles. This framework permits more precise analysis of the structural relationship between business law and adjacent legal domains while clarifying the extent of actual codification within Russian business law. The study suggests that future scholarly work must specify the theoretical orientation underpinning principle identification to avoid conflating statutory and doctrinal categories.