Антиномии (Jul 2020)
Differentiation criteria of new dissertation from the same dissertation which cannot be defended repeatedly (the variant of normative regulation)
Abstract
This article is devoted to close such gap in law. The consequences of violation of paragraph 14 of the Regulations on awarding scientific degrees and (or) submission of false information about publications is deprivation of right to defend a dissertation repeatedly (also if such dissertation has been changed). However, we have no differentiation criteria (is this a new dissertation or the same dissertation, which cannot be defended repeatedly). For finding such criteria the author analyzes criteria used (or proposed to be used) by scientific journals to find duplicate-publication (including analysis of manuscript conditions on scientific journals, websites, practice of retraction of scientific articles, expertise presented by Dissernet). The author proposes to use such differentiation criteria: 1) proportion of reproduction of previous dissertation; 2) proportion of original text in the part of dissertation, which is not same as previous dissertation; 3) which parts are the same in previous dissertation, if some elements are the same, specifically in: conclusion; defended positions; description of scientific novelty; abstract of dissertation; articles in peer-reviewed scientific journals where main scientific results of dissertation are published; 4) comparison of the structure of dissertations; 5) new empirical basis; 6) scientific novelty of dissertation in comparison with previous dissertation. The author notes that is possible to use other criteria. It is proposed to utilize different criteria depending on the stage of process of defense of dissertation, and the competence of a person who is authorized to decide if it is a new dissertation. Also, as a result of the analysis of possible variant of criteria normative regulation, the author proposes variant of amendments of legal acts, which regulate dissertation requirements and process of defense of dissertation.
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