Право и образование
№ 01 • 2020
SCIENCE METHODOLOGY
PONKIN I.V. Ponkin I.V. – doctor of science (Law)
The methodology of science: the beginning of the research path
Страницы / Pages: 4-14
Аннотация / Annotation:
The article is devoted to the study of the stage of the beginning of the production of scientific research. The author explains the fundamental issues of goal-setting and the basic starting points of the production of scientific research. The article describes generalized formalized methods of scientific contribution to science.
Ключевые слова / Keywords:
scientific concept, science, analytics, scientific knowledge, research method, scientific method.
MODERN EDUCATIONАннотация / Annotation:
The article is devoted to the study of the stage of the beginning of the production of scientific research. The author explains the fundamental issues of goal-setting and the basic starting points of the production of scientific research. The article describes generalized formalized methods of scientific contribution to science.
Ключевые слова / Keywords:
scientific concept, science, analytics, scientific knowledge, research method, scientific method.
REZER T.M. Rezer T.M. – Doctor of Education, Professor
VORONINA LI. Voronina LI. – Candidate of Sociological Sciences, Associate Professor
Legal provision of development of educational potential of elderly cities in Russia and abroad
Страницы / Pages: 15-23
Аннотация / Annotation:
The article substantiates the legal framework for the public administration mechanisms for the development of the educational potential of senior citizens in Russia and abroad. The authors used theoretical and comparative analysis in studying the experience of different countries in the development of the human capital of senior citizens. The result of the study was the rationale for the use of integrated mechanisms, as well as public-private partnerships in managing the development of the educational potential of senior citizens.
Ключевые слова / Keywords:
citizens’ educational potential, mechanisms of public management of the development of senior citizens.
Аннотация / Annotation:
The article substantiates the legal framework for the public administration mechanisms for the development of the educational potential of senior citizens in Russia and abroad. The authors used theoretical and comparative analysis in studying the experience of different countries in the development of the human capital of senior citizens. The result of the study was the rationale for the use of integrated mechanisms, as well as public-private partnerships in managing the development of the educational potential of senior citizens.
Ключевые слова / Keywords:
citizens’ educational potential, mechanisms of public management of the development of senior citizens.
OZHIGANOVA M.V. Ozhiganova M.V. – PhD of Law
Guarantees of the right to education in decisions of the Constitutional Court of the Russian Federation
Страницы / Pages: 24-35
Аннотация / Annotation:
The questions of the neccesity to develop the institution for guaranteeing the implementation of the constitutional right to education are analyzed taking into account the appearing judicial practice. The attempt has been made to determine the effectiveness of the educational legislation state guarantees institution through decisions of the Constitutional Court of the Russian Federation. The problems of applying the provisions of the Federal Law “On Education in the Russian Federation” are studied through the research of the legal positions of the Constitutional Court of the Russian Federation.
Ключевые слова / Keywords:
the right to education, guarantees for the realization of the right to education, decisions of the Constitutional Court of the Russian Federation, constitutional guarantees.
Аннотация / Annotation:
The questions of the neccesity to develop the institution for guaranteeing the implementation of the constitutional right to education are analyzed taking into account the appearing judicial practice. The attempt has been made to determine the effectiveness of the educational legislation state guarantees institution through decisions of the Constitutional Court of the Russian Federation. The problems of applying the provisions of the Federal Law “On Education in the Russian Federation” are studied through the research of the legal positions of the Constitutional Court of the Russian Federation.
Ключевые слова / Keywords:
the right to education, guarantees for the realization of the right to education, decisions of the Constitutional Court of the Russian Federation, constitutional guarantees.
SITNIKOVA O.V. Sitnikova O.V. – candidate of pedagogical Sciences, associate Professor
The concept of artistic method in pedagogical education
Страницы / Pages: 36-46
Аннотация / Annotation:
The author proposes an innovative concept of artistic method in pedagogical education, based on the multipolarity of this phenomenon. The artistic method in pedagogical education is presented from the position of the binary approach, as a meta-method and as an art-pedagogical technology. The concept of artistic method in pedagogical education has related concepts: “the artist of pedagogy”and” intellectual and aesthetic spirituality”.
Ключевые слова / Keywords:
artistic method, concept, Genesis, art, pedagogical art.
Аннотация / Annotation:
The author proposes an innovative concept of artistic method in pedagogical education, based on the multipolarity of this phenomenon. The artistic method in pedagogical education is presented from the position of the binary approach, as a meta-method and as an art-pedagogical technology. The concept of artistic method in pedagogical education has related concepts: “the artist of pedagogy”and” intellectual and aesthetic spirituality”.
Ключевые слова / Keywords:
artistic method, concept, Genesis, art, pedagogical art.
GRIMOVSKAYA L.M. Grimovskaya L.M. – сandidate of pedagogical sciences, associate professor
Organization of psychologically safe heterogeneous educational environment as a condition for the implementation of inclusive practice
Страницы / Pages: 47-54
Аннотация / Annotation:
Close attention to human resources, including people with disabilities, requires changes in the entire educational system, the creation of a special inclusive environment, effective prediction of the development of all its components. The purpose of this work is to consider the theoretical aspects of the organization of a psychologically safe heterogeneous educational environment as a condition for the implementation of inclusive practice.
Ключевые слова / Keywords:
inclusive education, heterogeneous educational environment, psychological safety, pedagogical cooperation.
Аннотация / Annotation:
Close attention to human resources, including people with disabilities, requires changes in the entire educational system, the creation of a special inclusive environment, effective prediction of the development of all its components. The purpose of this work is to consider the theoretical aspects of the organization of a psychologically safe heterogeneous educational environment as a condition for the implementation of inclusive practice.
Ключевые слова / Keywords:
inclusive education, heterogeneous educational environment, psychological safety, pedagogical cooperation.
KOTLYAR V.N. Kotlyar V.N. – candidate of pedagogical Sciences, associate Professor
Criteria and indicators of an assessment of level of professional self-education of cadets of educational institutions of FSIN of Russia
Страницы / Pages: 55-63
Аннотация / Annotation:
The article deals with the professional self-education of cadets as a direction that allows to increase the level of professional training in educational institutions. The relevance of the problem is that to determine the effectiveness of professional self-education, measuring its level requires a set of criteria and indicators. The author makes proposals to improve the pedagogical guidance of professional self-education.
Ключевые слова / Keywords:
criterion, cadet, teacher, management, indicator, professional self-education.
LEGAL AWARENESS AND LEGAL CULTUREАннотация / Annotation:
The article deals with the professional self-education of cadets as a direction that allows to increase the level of professional training in educational institutions. The relevance of the problem is that to determine the effectiveness of professional self-education, measuring its level requires a set of criteria and indicators. The author makes proposals to improve the pedagogical guidance of professional self-education.
Ключевые слова / Keywords:
criterion, cadet, teacher, management, indicator, professional self-education.
YAKOVLEVA T.A. Yakovleva T.A. – candidate of Law Sciences
Studying the law impact on the mentality of modern students (based on the associative experiment)
Страницы / Pages: 64-72
Аннотация / Annotation:
Mentality is the subject of research in many sciences: jurisprudence, psychology, psycholinguistics, etc. There is a theory of mentality in the legal literature. It is necessary to substantiate the theory of mentality on the basis of theoretical and empirical material. The paper presents the results of representing the reflection of the category of law in the mentality of modern NEFU students, studying the law basics affects its formation.
Ключевые слова / Keywords:
mentality, law, law basics, associations, experiment, students, higher education.
Аннотация / Annotation:
Mentality is the subject of research in many sciences: jurisprudence, psychology, psycholinguistics, etc. There is a theory of mentality in the legal literature. It is necessary to substantiate the theory of mentality on the basis of theoretical and empirical material. The paper presents the results of representing the reflection of the category of law in the mentality of modern NEFU students, studying the law basics affects its formation.
Ключевые слова / Keywords:
mentality, law, law basics, associations, experiment, students, higher education.
AFANASYEV I.V. Afanasyev I.V. – Candidate of Law
Legal culture as an educational phenomenon
Страницы / Pages: 73-78
Аннотация / Annotation:
The author’s point of view on legal culture as an educational phenomenon is presented. The approaches to the assessment of legal culture depending on the formation of its key components are presented. The place of legal consciousness in the system of public consciousness as a whole is shown. The laws of justice, signs and grounds of classification are formulated.
Ключевые слова / Keywords:
culture, phenomenon, legal culture, legal consciousness, educational phenomenon.
Аннотация / Annotation:
The author’s point of view on legal culture as an educational phenomenon is presented. The approaches to the assessment of legal culture depending on the formation of its key components are presented. The place of legal consciousness in the system of public consciousness as a whole is shown. The laws of justice, signs and grounds of classification are formulated.
Ключевые слова / Keywords:
culture, phenomenon, legal culture, legal consciousness, educational phenomenon.
AKHMETOV A.S. Akhmetov A.S. – Ph.D, associate professor
KANYGANOVA A.А. Kanyganova A.А. – graduate student
SARSEMBAYEV A.А. Sarsembayev A.А. – graduate student
On the legal culture of modern society
Страницы / Pages: 79-85
Аннотация / Annotation:
The presented article is devoted to the analysis of the legal culture of modern society. The main goal of the article is to study the nature of legal culture, as well as develop ways to increase its level in society. The scientific work is written on the basis of existing scientific studies of domestic and foreign authors on the nature of legal culture. In the conclusions of the article, the authors give the main directions and measures for the formation and improvement of the legal culture of modern society.
Ключевые слова / Keywords:
law, culture, personality, legal culture, democracy, civil society, legal education, legal education.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The presented article is devoted to the analysis of the legal culture of modern society. The main goal of the article is to study the nature of legal culture, as well as develop ways to increase its level in society. The scientific work is written on the basis of existing scientific studies of domestic and foreign authors on the nature of legal culture. In the conclusions of the article, the authors give the main directions and measures for the formation and improvement of the legal culture of modern society.
Ключевые слова / Keywords:
law, culture, personality, legal culture, democracy, civil society, legal education, legal education.
SOLOVYEV A.A. Solovyev A.A. – doctor of science (Law)
Legal regulation of the issues of compulsory medical intervention in the state of Texas, U.S.: emergency detention and court-ordered mental health services
Страницы / Pages: 86-98
Аннотация / Annotation:
The article is dedicated to research of the issues of legal regulation of administrative and court proceedings related to compulsory medical intervention in the state of Texas, U.S. and governed by the provisions of the Texas Health and Safety Code. Title 7. Mental Health and Intellectual Disability. Subtitle C. Texas Mental Health Code.
Ключевые слова / Keywords:
global experience, compulsory medical intervention, administrative and judicial proceedings, U.S., the state of Texas, emergency detention and court-ordered mental health services.
Аннотация / Annotation:
The article is dedicated to research of the issues of legal regulation of administrative and court proceedings related to compulsory medical intervention in the state of Texas, U.S. and governed by the provisions of the Texas Health and Safety Code. Title 7. Mental Health and Intellectual Disability. Subtitle C. Texas Mental Health Code.
Ключевые слова / Keywords:
global experience, compulsory medical intervention, administrative and judicial proceedings, U.S., the state of Texas, emergency detention and court-ordered mental health services.
CHELYSHEVA N.YU. Chelysheva N.Yu. – Candidate of Law Sciences, associate professor
Theoretical and legal analysis of a concept of quality of goods (works, services) and mechanism of its providing
Страницы / Pages: 99-107
Аннотация / Annotation:
Work it is devoted to a research of the economical and legal nature of category of quality of goods. During the research the analysis of the operating precepts of law and materials of judicial practice for identification of criteria of appropriate quality and also definition of a legal mechanism providing production and selling of goods (works, services) of appropriate quality is carried out.
Ключевые слова / Keywords:
quality, goods (works, services), commodity production, the standard, the improved characteristics, the government (municipal) procurement.
Аннотация / Annotation:
Work it is devoted to a research of the economical and legal nature of category of quality of goods. During the research the analysis of the operating precepts of law and materials of judicial practice for identification of criteria of appropriate quality and also definition of a legal mechanism providing production and selling of goods (works, services) of appropriate quality is carried out.
Ключевые слова / Keywords:
quality, goods (works, services), commodity production, the standard, the improved characteristics, the government (municipal) procurement.
PRUDNIKOVA A.E. Prudnikova A.E. – PhD in law
IVANOVA M.S. Ivanova M.S. – undergraduate
A lagacy as the grounds for legal relations to arise right of using dwelling premises
Страницы / Pages: 108-112
Аннотация / Annotation:
The article is devoted to a legacy as one of the grounds for legal relations to arise right of using dwelling premises as well as problems pertaining to establishment of the right.
Ключевые слова / Keywords:
a legacy, a legatee, right of using dwelling premises.
Аннотация / Annotation:
The article is devoted to a legacy as one of the grounds for legal relations to arise right of using dwelling premises as well as problems pertaining to establishment of the right.
Ключевые слова / Keywords:
a legacy, a legatee, right of using dwelling premises.
PEVTSOVA N.S.
Pevtsova N.S.
–
Legal regulation of the provision of medical care to patients with rare (orphanic) diseases: Russian and foreign experience
Страницы / Pages: 113-121
Аннотация / Annotation:
Having studied the legislation, the legal practice of providing medical care to patients with orphan diseases, the author identifies gaps in the legal regulation of medical relations, suggests effective legal and organizational measures to protect the rights of patients suffering from rare diseases.
Ключевые слова / Keywords:
rare (offr) diseases; the right to health and medical care; the procedure for providing medical care; quality of care.
PAGES OF HISTORYАннотация / Annotation:
Having studied the legislation, the legal practice of providing medical care to patients with orphan diseases, the author identifies gaps in the legal regulation of medical relations, suggests effective legal and organizational measures to protect the rights of patients suffering from rare diseases.
Ключевые слова / Keywords:
rare (offr) diseases; the right to health and medical care; the procedure for providing medical care; quality of care.
SOKOLOV A.P. Sokolov A.P. – doctor of Economics, associate Professor
KISELEV A.S. Kiselev A.S. – candidate of law
PETROV A.M. Petrov A.M. – candidate of law
Formation of the idea of e-government in the late XX century-early XXI century
Страницы / Pages: 122-131
Аннотация / Annotation:
The article studies the evolution of views on the electronic state. Having arisen in legal thought from the sphere of Informatics and technology, the idea of e-government began to develop, adapting to public policy, taking into account the continuity of legal values. It is concluded that, developing, the electronic state began to have a stimulating effect on legal ideas and theories that have changed and improved under the influence of objective reality and criticism.
Ключевые слова / Keywords:
e-government, interdisciplinary, legal regulation of Informatization, e-government, e-government, evolution of legal views, development of legislation, foreign legislation.
Аннотация / Annotation:
The article studies the evolution of views on the electronic state. Having arisen in legal thought from the sphere of Informatics and technology, the idea of e-government began to develop, adapting to public policy, taking into account the continuity of legal values. It is concluded that, developing, the electronic state began to have a stimulating effect on legal ideas and theories that have changed and improved under the influence of objective reality and criticism.
Ключевые слова / Keywords:
e-government, interdisciplinary, legal regulation of Informatization, e-government, e-government, evolution of legal views, development of legislation, foreign legislation.
LUTSENKO P.N.
Lutsenko P.N.
–
Military-sports camps as one of the elements of Patriotic education and preparation of Soviet youth for labor and defense of the Motherland (1961–1991).
Страницы / Pages: 132-138
Аннотация / Annotation:
This article is devoted to the conclusions made on the basis of the analysis of documents on military training of civilian youth in the period of 1961-1991 years. In the article the author reveals a number of factors and features that affect the course, organization of military training.
Ключевые слова / Keywords:
state bodies and public organizations, document, military-sports camp, initial military training, government resolutions, CPSU Central Committee, DOSAAF.
REVIEWSАннотация / Annotation:
This article is devoted to the conclusions made on the basis of the analysis of documents on military training of civilian youth in the period of 1961-1991 years. In the article the author reveals a number of factors and features that affect the course, organization of military training.
Ключевые слова / Keywords:
state bodies and public organizations, document, military-sports camp, initial military training, government resolutions, CPSU Central Committee, DOSAAF.
PARYAGINA O.A. Paryagina O.A. – Candidate of Legal Sciences, Associate Professor
Whether are committed the legal regulation and practice of competitive selection of scientific and educational employees in Russia?
Страницы / Pages: 139-143
Аннотация / Annotation:
This publication is a scientific review of the monograph of N.V. Chernykh «Election on the competition of scientific and educational employees» (Moscow: Prospect, 2018. – 88 p.).In the conditions of increasing independence and autonomy of educational organizations the author of monograph research justifiably supports their participation in the regulation of the procedures for competitive selection of teachers of higher education, but does not always express his position on controversial application of the legislation being analyzed.
Ключевые слова / Keywords:
election contest, scientific and educational employees, employment contract, educational organizations of higher education and additional vocational education.
Аннотация / Annotation:
This publication is a scientific review of the monograph of N.V. Chernykh «Election on the competition of scientific and educational employees» (Moscow: Prospect, 2018. – 88 p.).In the conditions of increasing independence and autonomy of educational organizations the author of monograph research justifiably supports their participation in the regulation of the procedures for competitive selection of teachers of higher education, but does not always express his position on controversial application of the legislation being analyzed.
Ключевые слова / Keywords:
election contest, scientific and educational employees, employment contract, educational organizations of higher education and additional vocational education.
KUZNETSOV M.N. Kuznetsov M.N. – doctor of science (Law), professor
A new fundamental theory of strategic planning in public administration
Страницы / Pages: 144-148
Аннотация / Annotation:
The material is a scientific review of the scientific monograph by A.O. Turganbaev «Administrative-legal support and realization of strategic planning in public administration» (M., 2019). The author evaluates the relevance of this topic.
Ключевые слова / Keywords:
public administration, strategic planning, government policies, state building, administrative law.
Аннотация / Annotation:
The material is a scientific review of the scientific monograph by A.O. Turganbaev «Administrative-legal support and realization of strategic planning in public administration» (M., 2019). The author evaluates the relevance of this topic.
Ключевые слова / Keywords:
public administration, strategic planning, government policies, state building, administrative law.