The modern legal policy in the field of preparation of dissertations for the degree of Сandidate of Sciences outside postgraduate education and the degree of Doctor of Sciences in doctoral studies is in the focus. The relevance of the research is determined by the fact that transition to the model of legislative regulation of doctoral studies and preparation of PhD dissertations outside postgraduate studies in the context of exclusively scientific activities has resulted in the lack of a proper legislative basis for functioning of the scientific sphere, while the state of higher education and science, provision of qualified personnel for all branches and spheres depends on the proper organization of doctoral and postdoctoral institutions. The aim is to identify the shortcomings of the legal policy and possible ways to improve it. The article investigates normative and legal regulation of training scientific and scientific-pedagogical personnel outside higher education system; it critically assesses the present condition of higher education, prospects for improving the institutions of doctoral and postdoctoral studies. The general scientific (dialectical method, analysis, synthesis) and private scientific research methodology (formal-legal, system-structural, historical-legal methods) heavily contribute to the research. The outcome allows to substantiate the necessity to clearly establish the rights, duties and conditions of doctoral students and applicants at the legislative level. Detailed guarantees for such participants of scientific activity should promote the increasing demand for highly qualified specialists and realization of their creative potential. Financial incentives for doctoral students and their scientific consultants also need optimization being curently at a low level thus reducing the demand for doctoral and postdoctoral studies.