Право и образование
№ 01 • 2018
A THEORY OF LAW
DEMENTIEV A.N. Dementiev A.N. – doctor of law
Formation of institute of economical and legal examination of regulations in the legislation of the Russian Federation
Страницы / Pages: 4-14
Аннотация / Annotation:
Results of the theoretical analysis of the existing the practician and scientific approaches to economic and legal examination of legal acts mainly in the sphere of realization of industrial policy in the Russian Federation are presented. On the basis of the analysis approaches to classification and unification of a concept economical and legal examination for the research purposes are offered and introductions of this concept to federal laws are more whole.
Ключевые слова / Keywords:
economical and legal examination, industrial policy.
Аннотация / Annotation:
Results of the theoretical analysis of the existing the practician and scientific approaches to economic and legal examination of legal acts mainly in the sphere of realization of industrial policy in the Russian Federation are presented. On the basis of the analysis approaches to classification and unification of a concept economical and legal examination for the research purposes are offered and introductions of this concept to federal laws are more whole.
Ключевые слова / Keywords:
economical and legal examination, industrial policy.
TALYNYOV V.E. Talynyov V.E. – Doctor of Social Sciences, associate Professor
NALIVAIKO V.I. Nalivaiko V.I. – PhD
The anthropological imperative of Russian statehood through the prism of legal reform (philosophical aspect)
Страницы / Pages: 15-23
Аннотация / Annotation:
Article from positions of the philosophical aspects reveals the anthropological features of the legal reforms of the Russian state under modern conditions. The authors consider the main directions of the concept of legal reform, which must be brought to the anthropological imperative approach to law.
Ключевые слова / Keywords:
state, law, anthropological imperative to law, legal reform.
Аннотация / Annotation:
Article from positions of the philosophical aspects reveals the anthropological features of the legal reforms of the Russian state under modern conditions. The authors consider the main directions of the concept of legal reform, which must be brought to the anthropological imperative approach to law.
Ключевые слова / Keywords:
state, law, anthropological imperative to law, legal reform.
IBRAGIMOV A.G.
Ibragimov A.G.
–
The organizational-legal mechanism of associate cooperation of subjects of law: essence and content of the concept
Страницы / Pages: 24-31
Аннотация / Annotation:
In the article it is shown that in relation to legal phenomena it is possible to single out two approaches to the definition of the concept «mechanism» – mechanical and system-dynamic. The substantiation of the definition of the organizational and legal mechanism of associative cooperation of subjects of law is an open dynamic system that determines the given order of legal activity in the sphere of associative cooperation and includes two invariant subsystems: a subsystem that discloses the composition and content of the legal mechanism (legal mechanism); 2) a subsystem that discloses the composition and content of the organizational mechanism (organizational mechanism).
Ключевые слова / Keywords:
mechanism, organizational and legal mechanism of associative cooperation, mechanistic approach, system-dynamic approach.
JURIDICAL EDUCATIONАннотация / Annotation:
In the article it is shown that in relation to legal phenomena it is possible to single out two approaches to the definition of the concept «mechanism» – mechanical and system-dynamic. The substantiation of the definition of the organizational and legal mechanism of associative cooperation of subjects of law is an open dynamic system that determines the given order of legal activity in the sphere of associative cooperation and includes two invariant subsystems: a subsystem that discloses the composition and content of the legal mechanism (legal mechanism); 2) a subsystem that discloses the composition and content of the organizational mechanism (organizational mechanism).
Ключевые слова / Keywords:
mechanism, organizational and legal mechanism of associative cooperation, mechanistic approach, system-dynamic approach.
ZYKOV D.V. Zykov D.V. – Candidate of Legal Sciences
Dichotomy of objectives of legal education
Страницы / Pages: 32-41
Аннотация / Annotation:
The article makes an attempt on the basis of theoretical and practical criteria for distinguishing the professional consciousness of a lawyer from the ordinary to establish the objectives of legal education in the Russian education system and critically rethink them
Ключевые слова / Keywords:
a consumer lawyer and a creative lawyer, objective criteria for distinguishing the professional consciousness of a lawyer from the ordinary, the right as a means of transformation and the right as a means of protection, which is often not taught at the law court.
Аннотация / Annotation:
The article makes an attempt on the basis of theoretical and practical criteria for distinguishing the professional consciousness of a lawyer from the ordinary to establish the objectives of legal education in the Russian education system and critically rethink them
Ключевые слова / Keywords:
a consumer lawyer and a creative lawyer, objective criteria for distinguishing the professional consciousness of a lawyer from the ordinary, the right as a means of transformation and the right as a means of protection, which is often not taught at the law court.
KOLOTKINA O.A. Kolotkina O.A. – Candidate of Legal Sciences, associate Professor
YAGOFAROVA I.D. Yagofarova I.D. – Candidate of Legal Sciences, associate Professor
The value of teaching principles in contemporary legal education
Страницы / Pages: 42-47
Аннотация / Annotation:
The article discusses basic teaching principles and their implementation in contemporary legal education. Special attention is paid to interactive methods of teaching to more effectively implement the analyzed principles.
Ключевые слова / Keywords:
principles of teaching, legal education, interactive teaching methods, law.
Аннотация / Annotation:
The article discusses basic teaching principles and their implementation in contemporary legal education. Special attention is paid to interactive methods of teaching to more effectively implement the analyzed principles.
Ключевые слова / Keywords:
principles of teaching, legal education, interactive teaching methods, law.
SUSLOPAROV A.V. Susloparov A.V. – Candidate of Sciences (Ph.D.) in Law
Information security provision in educational process of students at law universities
Страницы / Pages: 48-53
Аннотация / Annotation:
The author believes that the development of the Internet had a significant impact on the educational process. Therefore, at present it is necessary to take additional measures to ensure students information security against negative information impacts.
Ключевые слова / Keywords:
information security, education, sources of information.
Аннотация / Annotation:
The author believes that the development of the Internet had a significant impact on the educational process. Therefore, at present it is necessary to take additional measures to ensure students information security against negative information impacts.
Ключевые слова / Keywords:
information security, education, sources of information.
ZINKOVSKY M.A. Zinkovsky M.A. – candidate of Law Sciences
Features of practical class in discipline «Drawing up procedural documents on civil cases»
Страницы / Pages: 54-59
Аннотация / Annotation:
Article is devoted to features of practical class in discipline «Drawing up procedural documents on civil cases». A conclusion that during teaching in legal higher education institutions of discipline «Drawing up procedural documents on civil cases» the effective structure of practical occupation can be carried out in synthesis of a problem lecture, exercise and the business game «Mode of the Working Day of the Lawyer» is proved.
Ключевые слова / Keywords:
legal education, procedural documents, problem lecture, exercises, mode of the working day of the lawyer.
MODERN EDUCATIONАннотация / Annotation:
Article is devoted to features of practical class in discipline «Drawing up procedural documents on civil cases». A conclusion that during teaching in legal higher education institutions of discipline «Drawing up procedural documents on civil cases» the effective structure of practical occupation can be carried out in synthesis of a problem lecture, exercise and the business game «Mode of the Working Day of the Lawyer» is proved.
Ключевые слова / Keywords:
legal education, procedural documents, problem lecture, exercises, mode of the working day of the lawyer.
SIDOROVA M.V. Sidorova M.V. – candidate of pedagogical Sciences
Key approaches to formation of professional competence of students in the conditions of departmental professional education
Страницы / Pages: 60-68
Аннотация / Annotation:
The article is devoted to peculiarities of formation of professional competence of students in terms of departmental education. The approaches in the field of education, influencing the process of formation of professional competence of students allocated to their characteristic features, especially the impact on vocational training of personnel of bodies of internal Affairs.
Ключевые слова / Keywords:
professional competence, personnel of bodies of internal Affairs, professional education, departmental education, approach.
Аннотация / Annotation:
The article is devoted to peculiarities of formation of professional competence of students in terms of departmental education. The approaches in the field of education, influencing the process of formation of professional competence of students allocated to their characteristic features, especially the impact on vocational training of personnel of bodies of internal Affairs.
Ключевые слова / Keywords:
professional competence, personnel of bodies of internal Affairs, professional education, departmental education, approach.
ZHIGAREVA O.G. Zhigareva O.G. – candidate of legal Sciences, associate Professor
Adaptation of students with disabilities by means of physical culture in a student environment.
Страницы / Pages: 69-73
Аннотация / Annotation:
The humanization of modern society has many manifestations in all spheres of social life. The most important of them is the adaptation of students with disabilities in the learning environment, since studying at the university is the final stage on the young man’s path to independence. In this article, the prerequisites for the development of assistance to students with disabilities by means of physical culture, as well as the main directions of this assistance.
Ключевые слова / Keywords:
physical culture, students with disabilities, adaptation, disability.
Аннотация / Annotation:
The humanization of modern society has many manifestations in all spheres of social life. The most important of them is the adaptation of students with disabilities in the learning environment, since studying at the university is the final stage on the young man’s path to independence. In this article, the prerequisites for the development of assistance to students with disabilities by means of physical culture, as well as the main directions of this assistance.
Ключевые слова / Keywords:
physical culture, students with disabilities, adaptation, disability.
MAKARKINA O.E. Makarkina O.E. – сandidate of pedagogical sciences, assistant professor
Experience of psychological and pedagogical analysis of difficulties in learning experienced by academy men and students of departmental educational establishments.
Страницы / Pages: 74-78
Аннотация / Annotation:
The purpose of the study was to identify coping strategies and improve them, as well as to determine the kind of their affiliation with self-adjustment. The article presents the results of an empirical test of two hypotheses: 1) learners’ coping strategies; their relationship with their volitional self-adjustment and the style of self- adjustment; 2) there are differences between the indicators of coping strategies, volitional self-adjustment and the style of self-regulation among academy men and students.
Ключевые слова / Keywords:
academy men of departmental educational establishments of the Federal Penitentiary Service, coping behavior, coping strategies, volitional self- adjustment, self- adjustment style.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The purpose of the study was to identify coping strategies and improve them, as well as to determine the kind of their affiliation with self-adjustment. The article presents the results of an empirical test of two hypotheses: 1) learners’ coping strategies; their relationship with their volitional self-adjustment and the style of self- adjustment; 2) there are differences between the indicators of coping strategies, volitional self-adjustment and the style of self-regulation among academy men and students.
Ключевые слова / Keywords:
academy men of departmental educational establishments of the Federal Penitentiary Service, coping behavior, coping strategies, volitional self- adjustment, self- adjustment style.
REZER T.M. Rezer T.M. – Doctor of Education, Professor
AKSHENTCEVA O.A.
Akshentceva O.A.
–
Rationing of labor as the design of professional activity of civil public servants
Страницы / Pages: 79-87
Аннотация / Annotation:
The article substantiates the need to develop a new methodology for the measurement of work of civil servants, it should be the basis of the process of studying and evaluating the actual work of public servants in providing public services. The procedure for the design of professional office activity of civil servants based on modern methodology of regulation has not yet been developed. Using the method of analogy in this process raises serious doubts.
Ключевые слова / Keywords:
state civil servant, labor regulation, labor costs, public services.
Аннотация / Annotation:
The article substantiates the need to develop a new methodology for the measurement of work of civil servants, it should be the basis of the process of studying and evaluating the actual work of public servants in providing public services. The procedure for the design of professional office activity of civil servants based on modern methodology of regulation has not yet been developed. Using the method of analogy in this process raises serious doubts.
Ключевые слова / Keywords:
state civil servant, labor regulation, labor costs, public services.
ZOUBETS A.N. Zoubets A.N. – doctor of economic Sciences, associate Professor
NOVIKOV A.V. Novikov A.V. – doctor of sociological Sciences, Professor
OBORSKIY A.YU. Oborskiy A.Yu. – candidate of philosophical Sciences, associate Professor
Poverty and socio-economic inequalities in Russia: legal aspects of sociological research
Страницы / Pages: 88-102
Аннотация / Annotation:
The authors examine the legal aspects of sociological research the problem of poverty and socio-economic inequality in Russia, due to the interconnectivity between a large number of dynamically time-varying causal relationships, including socio-economic and legal sphere. Currently, the strength of faster growth in consumer prices relative to the growth of nominal income, real income of population has decreased overall by 9.5%; population with income below the subsistence level increased from 15,5 million in 2013 (10,8% of the total population) to 19,8 million persons in 2016 (13,8% of the total population).
Ключевые слова / Keywords:
social inequality, financial inequality, income inequality, poverty, absolute poverty, relative poverty, deprivation, low cost of living, quality of life.
Аннотация / Annotation:
The authors examine the legal aspects of sociological research the problem of poverty and socio-economic inequality in Russia, due to the interconnectivity between a large number of dynamically time-varying causal relationships, including socio-economic and legal sphere. Currently, the strength of faster growth in consumer prices relative to the growth of nominal income, real income of population has decreased overall by 9.5%; population with income below the subsistence level increased from 15,5 million in 2013 (10,8% of the total population) to 19,8 million persons in 2016 (13,8% of the total population).
Ключевые слова / Keywords:
social inequality, financial inequality, income inequality, poverty, absolute poverty, relative poverty, deprivation, low cost of living, quality of life.
PROTAS E.V. Protas E.V. – doctor of pedagogical Sciences, PhD (Law), Professor
PROTAS D.V. Protas D.V. – doctor of economic Sciences, Associate Professor
Magistrate’s court IT-support organization
Страницы / Pages: 103-107
Аннотация / Annotation:
This article discusses some aspects about magistrate’s court IT-support organization in Russian Federation.
Ключевые слова / Keywords:
magistrate’s court; it in magistrate’s court.
Аннотация / Annotation:
This article discusses some aspects about magistrate’s court IT-support organization in Russian Federation.
Ключевые слова / Keywords:
magistrate’s court; it in magistrate’s court.
MASHINSKAYA N.V. Mashinskaya N.V. – PhD in law, аssociate рrofessor
To the question about use of special knowledge in the administration of justice in criminal cases against minors
Страницы / Pages: 108-112
Аннотация / Annotation:
The problem of quality improvement justice in cases of minors determines the necessity of expanding special knowledge in criminal cases with participation of minors that’s why the experience of involvement of social employee in research of personal characteristics of minor
Ключевые слова / Keywords:
criminal case of a minor, special kwonledge, social employee.
HOT TOPICАннотация / Annotation:
The problem of quality improvement justice in cases of minors determines the necessity of expanding special knowledge in criminal cases with participation of minors that’s why the experience of involvement of social employee in research of personal characteristics of minor
Ключевые слова / Keywords:
criminal case of a minor, special kwonledge, social employee.
BORODINA Z.N. Borodina Z.N. – Ph.D., associate professor
Franchising as a form of commercialization of the results of intellectual activity
Страницы / Pages: 113-120
Аннотация / Annotation:
The article deals with the issues of legal regulation of the commercialization of the results of intellectual activity. As a result of the analysis of the relationship between commercial franchise agreements and the license contract, common features and differences are revealed, and the expediency of singling out a commercial concession agreement as an independent form of commercialization of the results of intellectual activity is proved.
Ключевые слова / Keywords:
commercialization, commercial concession, franchising, license agreement, franchisor, user, franchisee, franchisor, complex of exclusive rights.
Аннотация / Annotation:
The article deals with the issues of legal regulation of the commercialization of the results of intellectual activity. As a result of the analysis of the relationship between commercial franchise agreements and the license contract, common features and differences are revealed, and the expediency of singling out a commercial concession agreement as an independent form of commercialization of the results of intellectual activity is proved.
Ключевые слова / Keywords:
commercialization, commercial concession, franchising, license agreement, franchisor, user, franchisee, franchisor, complex of exclusive rights.
AKIMOVA JU.A. Akimova Ju.A. – Ph.D (legal sciences)
The mechanism of ensuring realization of the rights of women in practice of the international human rights organizations
Страницы / Pages: 121-133
Аннотация / Annotation:
In article are considered questions of legal support of realization and human rights protection of the women representing the most important element of a constitutional legal mechanism of gender equality.
Ключевые слова / Keywords:
the principle of equality, gender equality, gender, gender rights, women’s rights.
Аннотация / Annotation:
In article are considered questions of legal support of realization and human rights protection of the women representing the most important element of a constitutional legal mechanism of gender equality.
Ключевые слова / Keywords:
the principle of equality, gender equality, gender, gender rights, women’s rights.
KOVALCHUK O.V.
Kovalchuk O.V.
–
Formation of a safe model of behavior of minor military participants of road traffic – theoretical, legal and methodological aspects
Страницы / Pages: 134-141
Аннотация / Annotation:
The article analyses the most typical cases of violations of traffic rules, dangerous behavior of minors on the road, and factors such a dangerous behavior, proposed preventive measures to reduce child road traffic injuries.
Ключевые слова / Keywords:
safe behavior, children, traffic accidents, minors, traffic rules, prevention, training, injuries, preschool education, school education.
METHODICAL RECOMMENDATIONSАннотация / Annotation:
The article analyses the most typical cases of violations of traffic rules, dangerous behavior of minors on the road, and factors such a dangerous behavior, proposed preventive measures to reduce child road traffic injuries.
Ключевые слова / Keywords:
safe behavior, children, traffic accidents, minors, traffic rules, prevention, training, injuries, preschool education, school education.
KLIMOV I.P. Klimov I.P. – Doctor of History, Professor
Methodical recommendations to the students on the study of the Constitution of RSFSR of 1918 (article)
Страницы / Pages: 142-149
Аннотация / Annotation:
The article gives advice to students and lawyers studying the Constitution of RSFSR of 1918 as for academic undergraduate and graduate programs. Provides an indicative plan of work on the text of the first constitutional law of the Soviet state, the technique of analysis of the content of its main sections. The introduction of the latest research literature allowed the author to formulate the parameters of the modern legal assessment of the rating the Constitution. The article is devoted to the 100th anniversary.
Ключевые слова / Keywords:
Constitution of the RSFSR in 1918, the history of Russian constitutionalism, the Soviet government, Soviets of workers ‘and peasants’ deputies, the principle of separation of powers, the rights and freedoms of citizens, the legal rating of the Constitution.
Аннотация / Annotation:
The article gives advice to students and lawyers studying the Constitution of RSFSR of 1918 as for academic undergraduate and graduate programs. Provides an indicative plan of work on the text of the first constitutional law of the Soviet state, the technique of analysis of the content of its main sections. The introduction of the latest research literature allowed the author to formulate the parameters of the modern legal assessment of the rating the Constitution. The article is devoted to the 100th anniversary.
Ключевые слова / Keywords:
Constitution of the RSFSR in 1918, the history of Russian constitutionalism, the Soviet government, Soviets of workers ‘and peasants’ deputies, the principle of separation of powers, the rights and freedoms of citizens, the legal rating of the Constitution.
AVDONINA N.S. Avdonina N.S. – candidate of political sciences
Developing critical thinking of journalists studying ‘International Humanitarian Law and Mass Media’
Страницы / Pages: 150-156
Аннотация / Annotation:
The article is devoted to the question of developing critical thinking of journalism students studying the course ‘International Humanitarian Law and Mass Media’. Aims, functions, principles, and forms of students’ independent work are analyzed in the article. The author suggests the algorithm of making questions based on the classic scheme of journalism interview «5W+H». The author makes conclusion on the efficiency of the technology to help students get professional competencies.
Ключевые слова / Keywords:
technology of critical thinking development, International Humanitarian Law, journalism, students’ independent work.
Аннотация / Annotation:
The article is devoted to the question of developing critical thinking of journalism students studying the course ‘International Humanitarian Law and Mass Media’. Aims, functions, principles, and forms of students’ independent work are analyzed in the article. The author suggests the algorithm of making questions based on the classic scheme of journalism interview «5W+H». The author makes conclusion on the efficiency of the technology to help students get professional competencies.
Ключевые слова / Keywords:
technology of critical thinking development, International Humanitarian Law, journalism, students’ independent work.
E.M. DANILIN E.M. Danilin – PhD of Pedagogical Sciences, Associate Professor
N.V. DAVYDOVA N.V. Davydova – PhD of Medical Sciences
Competition of teachers in educational colonies
Страницы / Pages: 157-162
Аннотация / Annotation:
The article deals with the organization and holding of the contest «The Best Teacher of the Schools of Educational Colonies of the Penitentiary System». Examples are given from the history of competitions and generalizations of practice. Each of the three stages of the competition, which are indicated in the Regulations on the specific competition, is described in detail. Proposals and extensions to the improvement of this Regulation are formulated.
Ключевые слова / Keywords:
educational colony, competition, the best teacher, the organizers of the competition stages, new teaching technologies.
Аннотация / Annotation:
The article deals with the organization and holding of the contest «The Best Teacher of the Schools of Educational Colonies of the Penitentiary System». Examples are given from the history of competitions and generalizations of practice. Each of the three stages of the competition, which are indicated in the Regulations on the specific competition, is described in detail. Proposals and extensions to the improvement of this Regulation are formulated.
Ключевые слова / Keywords:
educational colony, competition, the best teacher, the organizers of the competition stages, new teaching technologies.