The dissertation focuses on the normative (systematic) institutionalization of substantive objection as an absolute objection, as well as on the determination of the methodological value of this objection within certain frameworks. Substantive objection is regarded as such a modal characteristic of the legal situation as the lapse of right. The issue was considered within the context of structural, substrate and conceptual analysis of the substantive objection, in the term of moving from an abstract objection norm to the specific one, as well as within the matter of analysis of such types of objection as estoppel and plea in bar, along with analysis of the latter in consideration of expert and judicial styles of case management.
The problematization of the substantive law concept examined in this thesis was based on the systematic approach regarded as analysis of the system consisting of structure, substratum and concept (according to A.I. Uemov), outlined in the form of the principle of semantic realism, which was considered both in the narrow sense (as representative and phenomenological consistency) and in the broad sense (along with the concept of correctness and/or effectiveness of law) i.e. by analogy with the relevant principle of modern logic. Eventually the research findings showed the correlation between the systematic approach and the legal reality as a normative-value system (norm, communication, idea of law) and revealed the problem of adaptation of the general concept of legal reality to the goals and objectives of the dissertation. Such adaptation was carried out by defining the dissertation problem in terms of its solution, namely: formalized modality of law, live and professional communication, the idea of conditional efficiency of law, i.e. in the form of legal reality as a meta-normative system; and, being generalized to the legal situation, became the main issue of research of the idea of law itself.
Key words: philosophy of law, systematic approach, normative institutionalization, legal methodology, substantive objection, lapse of right, the validity of the law, the effectiveness of the law, the expert style of the trial, the judicial style of the trial.
