Право и образование
№ 03 • 2016
EDUCATION AND TRAINING
ALEKHIN I.A. Alekhin I.A. – Dr. Sci. (Pedagogics), Professor
LAZUKIN A.D. Lazukin A.D. – Dr. Sci. (Pedagogics), Professor
Innovative technologies in professional pedagogical training of teachers of legal disciplines
Страницы / Pages: 4-13
Аннотация / Annotation:
The article deals with current issues of professional and pedagogical training of teachers of legal disciplines as the leading experts in the field of contemporary legal education. Determined and proved one of the leading the directions of its perfection in modern conditions – the selection and implementation of innovative technologies in educational process teachers of legal disciplines. Clarifies the nature and content of the leading innovative technology recommended for use in professional and pedagogical training of teachers of the legal directions.
Ключевые слова / Keywords:
innovative technology, professional and teacher training, educational activities, legal discipline, forming a developing environment, system-activity approach, the modular construction of the learning process, problem-activity training, humanization and democratization of professional-pedagogical training of teachers.
Аннотация / Annotation:
The article deals with current issues of professional and pedagogical training of teachers of legal disciplines as the leading experts in the field of contemporary legal education. Determined and proved one of the leading the directions of its perfection in modern conditions – the selection and implementation of innovative technologies in educational process teachers of legal disciplines. Clarifies the nature and content of the leading innovative technology recommended for use in professional and pedagogical training of teachers of the legal directions.
Ключевые слова / Keywords:
innovative technology, professional and teacher training, educational activities, legal discipline, forming a developing environment, system-activity approach, the modular construction of the learning process, problem-activity training, humanization and democratization of professional-pedagogical training of teachers.
ZELENOV Y.N. Zelenov Y.N. – doctor of pedagogical Sciences
Interaction of Internal Affairs and the education system in the prevention of youth crime
Страницы / Pages: 14-21
Аннотация / Annotation:
The article is devoted to topical issues of interaction between the police and the educational institutions in identifying and eliminating the causes and conditions conducive to the commission of offenses and crimes by representatives of students. This problem is considered in the context of the prevailing today geopolitical situation and the consequent activation of the destructive factors in the youth of modern Russia.
Ключевые слова / Keywords:
bodies of internal affairs, a modern education system, youth crime, destructive factors, prevention.
Аннотация / Annotation:
The article is devoted to topical issues of interaction between the police and the educational institutions in identifying and eliminating the causes and conditions conducive to the commission of offenses and crimes by representatives of students. This problem is considered in the context of the prevailing today geopolitical situation and the consequent activation of the destructive factors in the youth of modern Russia.
Ключевые слова / Keywords:
bodies of internal affairs, a modern education system, youth crime, destructive factors, prevention.
TALYNEV V.E. Talynev V.E. – Doctor of Social Sciences, Associate Professor
IAKUSHKIN V.V.
Iakushkin V.V.
–
Social Institute of patriotism: problems of legal regulation in the sphere of military education
Страницы / Pages: 22-28
Аннотация / Annotation:
Formation of patriotic qualities of the individual young person in modern conditions of development of the Russian state is one of the main activities of public bodies and, in general, priority social and legal policy. The paper patriotism is presented as a social institution, along with other social institutions, and discusses regulatory and industry-specific (educational) aspects of legal regulation of patriotic education in the field of military education. It emphasized the need to further improve the legal and social support of the Institute of patriotism in Russia.
Ключевые слова / Keywords:
patriotism, social institution, legal regulation of patriotic education.
Аннотация / Annotation:
Formation of patriotic qualities of the individual young person in modern conditions of development of the Russian state is one of the main activities of public bodies and, in general, priority social and legal policy. The paper patriotism is presented as a social institution, along with other social institutions, and discusses regulatory and industry-specific (educational) aspects of legal regulation of patriotic education in the field of military education. It emphasized the need to further improve the legal and social support of the Institute of patriotism in Russia.
Ключевые слова / Keywords:
patriotism, social institution, legal regulation of patriotic education.
SADOVSKI M.V. Sadovski M.V. – candidate of philosophical Sciences, associate Professor
TERENTYUK N.A.
Terentyuk N.A.
–
Inclusive education – a form of realization of the principle of justice in law
Страницы / Pages: 29-33
Аннотация / Annotation:
In the article the authors consider inclusive education from the standpoint of the philosophy of law, legislative confirmation of which demonstrates the implementation of the principle of equity as in the law generally and the right to education of persons with disabilities in particular. Presents the view that the inclusion equalizes the position of all citizens of our state in the right to education without any privileges and discrimination. The article aims to show that, with the implementation of an inclusive approach in educational institutions, teaching staff forms the pupils ‘ social and legal values, which subsequently increase the level of legal awareness and legal culture of society. This article is intended for students, undergraduates, graduate students, young scientists and other interested persons.
Ключевые слова / Keywords:
inclusive education, persons with disabilities, justice, law, legal values, sense of justice, the philosophy of law.
Аннотация / Annotation:
In the article the authors consider inclusive education from the standpoint of the philosophy of law, legislative confirmation of which demonstrates the implementation of the principle of equity as in the law generally and the right to education of persons with disabilities in particular. Presents the view that the inclusion equalizes the position of all citizens of our state in the right to education without any privileges and discrimination. The article aims to show that, with the implementation of an inclusive approach in educational institutions, teaching staff forms the pupils ‘ social and legal values, which subsequently increase the level of legal awareness and legal culture of society. This article is intended for students, undergraduates, graduate students, young scientists and other interested persons.
Ключевые слова / Keywords:
inclusive education, persons with disabilities, justice, law, legal values, sense of justice, the philosophy of law.
SAPOGOV V.M. Sapogov V.M. – professor of civil and legal disciplines, PhD
Designing in the system of legal education of minors in conditions of isolation from society
Страницы / Pages: 34-40
Аннотация / Annotation:
Need of use of technology of design for right educational work with minor offenders in the conditions of isolation from society locates in article, the practical importance of application of a method of projects when forming right corresponding behavior and sense of justice of this category of children is defined. The structural and substantial description of design technology and the main requirements to use of a method of projects in right educational process of establishments of the closed type are submitted.
Ключевые слова / Keywords:
technology of design, method of projects, legal education, minor offenders, right corresponding behavior.
Аннотация / Annotation:
Need of use of technology of design for right educational work with minor offenders in the conditions of isolation from society locates in article, the practical importance of application of a method of projects when forming right corresponding behavior and sense of justice of this category of children is defined. The structural and substantial description of design technology and the main requirements to use of a method of projects in right educational process of establishments of the closed type are submitted.
Ключевые слова / Keywords:
technology of design, method of projects, legal education, minor offenders, right corresponding behavior.
PLOCKAYA O.A. Plockaya O.A. – candidate of legal sciences, associate professor
The empirical knowledge of the ordinary rights of the ethnic peoples of Perm
Страницы / Pages: 41-49
Аннотация / Annotation:
The article is devoted to the problems and methods of empirical knowledge, studying conventional ethnic rights of the peoples of the Permian (the Komi-Zyrian Komi-Perm, Udmurtia) in the Modern educational institution. Presents some innovative approaches to teaching and offers the usual ethnic rights, but with the preservation of tradition. Particular attention is paid to how to improve the educational process, in the framework of the existing competency approach.
Ключевые слова / Keywords:
normal ethnic rights, Permian peoples Komi peoples, the Komi-Perm, Udmurt, Russian legislation, educational activities, experiential learning, the GEF.
HOT TOPICАннотация / Annotation:
The article is devoted to the problems and methods of empirical knowledge, studying conventional ethnic rights of the peoples of the Permian (the Komi-Zyrian Komi-Perm, Udmurtia) in the Modern educational institution. Presents some innovative approaches to teaching and offers the usual ethnic rights, but with the preservation of tradition. Particular attention is paid to how to improve the educational process, in the framework of the existing competency approach.
Ключевые слова / Keywords:
normal ethnic rights, Permian peoples Komi peoples, the Komi-Perm, Udmurt, Russian legislation, educational activities, experiential learning, the GEF.
KRASINSKY V.V. PROFESSOR OF GMI Krasinsky V.V. professor of GMI – PhD of jurisprudence
MASHKO V.V. ASSOCIATE PROFESSOR OF RSUH Mashko V.V. associate professor of RSUH – candidate of historical sciences
The predicting of terrorist organizations activities problems (on example of ISIS)
Страницы / Pages: 50-59
Аннотация / Annotation:
This article analyzes the problem of theoretical and methodological approaches of forecasting terrorist organizations. Substantiates the predictive value of function in the law enforcement and intelligence agencies. Methods of predicting the activities terrorist organizations based on ISIS example.
Ключевые слова / Keywords:
forecast, forecasting, terrorist organization, factor analysis, international terrorism, ISIS, “Islamic State”.
Аннотация / Annotation:
This article analyzes the problem of theoretical and methodological approaches of forecasting terrorist organizations. Substantiates the predictive value of function in the law enforcement and intelligence agencies. Methods of predicting the activities terrorist organizations based on ISIS example.
Ключевые слова / Keywords:
forecast, forecasting, terrorist organization, factor analysis, international terrorism, ISIS, “Islamic State”.
MELNIKOVA M.V. Melnikova M.V. – candidate of legal Sciences, associate Professor
On the methodology of legal science
Страницы / Pages: 60-64
Аннотация / Annotation:
The problem of selection and classification methods in the preparation of the dissertation research is one of the actual problems faced by the competitors of a scientific degree «candidate of legal Sciences». This article describes the various approaches to classification of methods of scientific knowledge in the Russian law, their importance in research and achieve this goal. Discusses the openness of the system of methods of cognition and the formulation of new methods.
Ключевые слова / Keywords:
method, methodology, science, law.
Аннотация / Annotation:
The problem of selection and classification methods in the preparation of the dissertation research is one of the actual problems faced by the competitors of a scientific degree «candidate of legal Sciences». This article describes the various approaches to classification of methods of scientific knowledge in the Russian law, their importance in research and achieve this goal. Discusses the openness of the system of methods of cognition and the formulation of new methods.
Ключевые слова / Keywords:
method, methodology, science, law.
KONOVALCHUK M.V. Konovalchuk M.V. – Candidate of sciences yuridicheskin
About the use of grafical models of buildinq the sanctions of criminal law: theotetical background
Страницы / Pages: 65-72
Аннотация / Annotation:
In article the question concerning a problem of a judicial discretion and purpose of punishment in the context of realization of the principle of justice is taken up. The provision on possibility of application of integrated theoretical approach at creation of sanctions of criminal precepts of law with use of a graphic method which basis the quantitative criterion – public danger of a crime – and its comparison to practice of purpose of punishment is locates.
Ключевые слова / Keywords:
sanctions of criminal law, public danger of a crim, judicial discretion, the sentencinq.
WE DISCUSS THE PROBLEMАннотация / Annotation:
In article the question concerning a problem of a judicial discretion and purpose of punishment in the context of realization of the principle of justice is taken up. The provision on possibility of application of integrated theoretical approach at creation of sanctions of criminal precepts of law with use of a graphic method which basis the quantitative criterion – public danger of a crime – and its comparison to practice of purpose of punishment is locates.
Ключевые слова / Keywords:
sanctions of criminal law, public danger of a crim, judicial discretion, the sentencinq.
SOLOVYEV A.A. Solovyev A.A. – doctor of science (Law), professor
Supreme Council of Justice in Belgium: Structure and Authority of its Divisions
Страницы / Pages: 73-79
Аннотация / Annotation:
The article deals with the Supreme Council of Justice of the Kingdom of Belgium which is the supreme federal constitutional body in the country. The author gives his analysis of the structure of the Council as well as of the powers of its General assembly, its Chairman, Board, divisions and commissions.
Ключевые слова / Keywords:
judiciary, international experience, judicial community body, Belgium, Supreme Council of Justice of the Kingdom of Belgium.
Аннотация / Annotation:
The article deals with the Supreme Council of Justice of the Kingdom of Belgium which is the supreme federal constitutional body in the country. The author gives his analysis of the structure of the Council as well as of the powers of its General assembly, its Chairman, Board, divisions and commissions.
Ключевые слова / Keywords:
judiciary, international experience, judicial community body, Belgium, Supreme Council of Justice of the Kingdom of Belgium.
ANDRIENKO YU.I. Andrienko Yu.I. – the candidate of political sciences, the senior lecturer
Psycho-pedagogical structure of discipline
Страницы / Pages: 80-87
Аннотация / Annotation:
Article is devoted consideration: psychological structure of discipline and discipline; concepts of discipline, external and internal indicators, kinds and forms; to the analysis of criteria of an estimation of acts of employees ОВД; to moral and psychological atmosphere and unity of collective; to collectively-group discipline; collective psychology; to work directions on discipline strengthening.
Ключевые слова / Keywords:
discipline, discipline, psychological bases of discipline, mentality, collective, the person, moral and psychological atmosphere, unity, collectively-group discipline, psychological compatibility.
Аннотация / Annotation:
Article is devoted consideration: psychological structure of discipline and discipline; concepts of discipline, external and internal indicators, kinds and forms; to the analysis of criteria of an estimation of acts of employees ОВД; to moral and psychological atmosphere and unity of collective; to collectively-group discipline; collective psychology; to work directions on discipline strengthening.
Ключевые слова / Keywords:
discipline, discipline, psychological bases of discipline, mentality, collective, the person, moral and psychological atmosphere, unity, collectively-group discipline, psychological compatibility.
ARISTOV E.V. Aristov E.V. – PhD (Law), senior lecturer of Department of Business law, civil and arbitration process of the Perm State University
Sports in the Welfare State
Страницы / Pages: 88-92
Аннотация / Annotation:
The article touches upon the concept of “sport for everybody” as a part of the welfare state ideology in the countries of Western Europe. It shows segments and aspects of sports which within the welfare state.
Ключевые слова / Keywords:
sport, welfare state, welfaring of the state, Constitutional Law, Sport Law, public benefits, solidarity.
Аннотация / Annotation:
The article touches upon the concept of “sport for everybody” as a part of the welfare state ideology in the countries of Western Europe. It shows segments and aspects of sports which within the welfare state.
Ключевые слова / Keywords:
sport, welfare state, welfaring of the state, Constitutional Law, Sport Law, public benefits, solidarity.
BEZRUKOVА O.V. Bezrukovа O.V. – candidate of legal Sciences, docent of the Department «Criminal law» of the Penza state University
ZHIVODROVA N.A. Zhivodrova N.A. – candidate of legal Sciences, docent of the Department «Criminal law» of the Penza state University
BEZRUKOV A.V. Bezrukov A.V. – assistant of the Department «Criminal law» of the Penza state University.
To the issue of illegal hospitalization in a medical organization providing psychiatric care in a hospital
Страницы / Pages: 93-97
Аннотация / Annotation:
The article is devoted to the study of changes and additions made to article 128 of the criminal code. Analyzes the problems of skill arising in connection with the Commission of illegal hospitalization in a medical organization providing psychiatric care in a hospital. It studies problems of characteristics of the victim and of the perpetrator, under article 128 of the criminal code. According to the author, the concretization of the signs of the special subject, using his official position (part 2 of article 128 of the criminal code), will provide a more accurate and proper qualification of the offense.
Ключевые слова / Keywords:
criminal law, qualification of a crime, freedom, crimes against personal freedom, health organization, mental health care, person, officer.
PAGES OF HISTORYАннотация / Annotation:
The article is devoted to the study of changes and additions made to article 128 of the criminal code. Analyzes the problems of skill arising in connection with the Commission of illegal hospitalization in a medical organization providing psychiatric care in a hospital. It studies problems of characteristics of the victim and of the perpetrator, under article 128 of the criminal code. According to the author, the concretization of the signs of the special subject, using his official position (part 2 of article 128 of the criminal code), will provide a more accurate and proper qualification of the offense.
Ключевые слова / Keywords:
criminal law, qualification of a crime, freedom, crimes against personal freedom, health organization, mental health care, person, officer.
APOLSKI E.A. Apolski E.A. – of jurisprudence, associate professor
Some features of the formation of pre-revolutionary science of state law
Страницы / Pages: 98-104
Аннотация / Annotation:
The article analyzes the research trends in the master’s and doctoral theses in state law, defended in the imperial Russian universities, the state policy in the field of certification brainpower in the Russian Empire, as well as its influence on the formation of structure of the state (constitutional) law science. With the analysis of pre-revolutionary legal documents of the Ministry of National Education, imperial Russian universities’ charters, a bibliography of dissertations on state-legal subjects author make an conclusion about the specifics of formation of nomenclature of scientific specialties and branches of legal science in the Russian Empire.
Ключевые слова / Keywords:
thesis, science, state (constitutional) law, Russian empire.
Аннотация / Annotation:
The article analyzes the research trends in the master’s and doctoral theses in state law, defended in the imperial Russian universities, the state policy in the field of certification brainpower in the Russian Empire, as well as its influence on the formation of structure of the state (constitutional) law science. With the analysis of pre-revolutionary legal documents of the Ministry of National Education, imperial Russian universities’ charters, a bibliography of dissertations on state-legal subjects author make an conclusion about the specifics of formation of nomenclature of scientific specialties and branches of legal science in the Russian Empire.
Ключевые слова / Keywords:
thesis, science, state (constitutional) law, Russian empire.
KHISAMUTDINOV A.A. Khisamutdinov A.A. – Doctor of History
Russian law faculty in Harbin
Страницы / Pages: 105-113
Аннотация / Annotation:
Based on foreign sources, this article is about Russian legal education in China. During the Russian Civil war Russian lawyers found themselves in Harbin, where they opened a higher education institution – the Law Faculty. Despite the short period of its existence (1920-1937), they created a school, which world-wide legal principles and Chinese reality. Thanks to their prominent professors, China first became acquainted with the European education system and law, and Russian culture. Thanks to new methods of teaching, textbooks, scientific works on jurisprudence and the Oriental studies faculty and alumni, both Russians and Chinese enriched world culture and made a significant contribution to the development of the legal system of China.
Ключевые слова / Keywords:
Law faculty in Harbin, Russian lawyers in China, the Russian emigration. Russian education in China. Russian Harbin.
Аннотация / Annotation:
Based on foreign sources, this article is about Russian legal education in China. During the Russian Civil war Russian lawyers found themselves in Harbin, where they opened a higher education institution – the Law Faculty. Despite the short period of its existence (1920-1937), they created a school, which world-wide legal principles and Chinese reality. Thanks to their prominent professors, China first became acquainted with the European education system and law, and Russian culture. Thanks to new methods of teaching, textbooks, scientific works on jurisprudence and the Oriental studies faculty and alumni, both Russians and Chinese enriched world culture and made a significant contribution to the development of the legal system of China.
Ключевые слова / Keywords:
Law faculty in Harbin, Russian lawyers in China, the Russian emigration. Russian education in China. Russian Harbin.
BELYAEVA O.M. Belyaeva O.M. – PhD in Law, Associate Professor
Ch. Beccaria – the founder of classical school of criminal law
Страницы / Pages: 114-123
Аннотация / Annotation:
Beccaria was one of the first scientists in the sphere of jurisprudence who supported abolition of capital punishment and proposed to substitute it for life imprisonment. The aim of punishment is not torture and retribution, but its aim is a criminal’s reformation and crime prevention. Beccaria wrote that punishment had to be public, the least of possible ones in each case, proportional to the crime committed and instituted by the law.
Ключевые слова / Keywords:
punishment’s aim, capital punishment, proportionality between crime and punishment, presumption of innocence.
SCIENTIFIC DEBUTАннотация / Annotation:
Beccaria was one of the first scientists in the sphere of jurisprudence who supported abolition of capital punishment and proposed to substitute it for life imprisonment. The aim of punishment is not torture and retribution, but its aim is a criminal’s reformation and crime prevention. Beccaria wrote that punishment had to be public, the least of possible ones in each case, proportional to the crime committed and instituted by the law.
Ключевые слова / Keywords:
punishment’s aim, capital punishment, proportionality between crime and punishment, presumption of innocence.
AGAGULYAN A.M.
Agagulyan A.M.
–
The problem of balance between the interests of the individual and the public interest in the provision of religious education in the secondary schools of the Republic of Armenia
Страницы / Pages: 124-135
Аннотация / Annotation:
Specific subjects “History of Armenian Church” and “Christian education” that is taught to children as one of the compulsory subjects in the Republic of Armenia, the author explores the issue of compliance with the rights of parents to educate their children in conformity with their religious and philosophical beliefs. To identify the existing problems, the author examines the standards of teaching religious studies, established by the human rights Committee of the UN and the European court of human rights, and the practice of foreign countries in this matter. In conclusion, the author expresses his opinion about the changes needed in program objects in Armenia.
Ключевые слова / Keywords:
tolerance, the right to educate their children in conformity with their religious and philosophical beliefs, religion, religious studies, education, the broad powers of the state.
Аннотация / Annotation:
Specific subjects “History of Armenian Church” and “Christian education” that is taught to children as one of the compulsory subjects in the Republic of Armenia, the author explores the issue of compliance with the rights of parents to educate their children in conformity with their religious and philosophical beliefs. To identify the existing problems, the author examines the standards of teaching religious studies, established by the human rights Committee of the UN and the European court of human rights, and the practice of foreign countries in this matter. In conclusion, the author expresses his opinion about the changes needed in program objects in Armenia.
Ключевые слова / Keywords:
tolerance, the right to educate their children in conformity with their religious and philosophical beliefs, religion, religious studies, education, the broad powers of the state.
YUBKO V.A. Yubko V.A. – master’s degree in Law
LEGAL ASPECTS OF DISTRIBUTION IN BELARUS
Страницы / Pages: 136-148
Аннотация / Annotation:
The article deals with the distribution of graduates of vocational, specialized secondary and higher educational institutions. The author shows the existence in the scientific literature of various discussions on the subject. The author expressed the position that the distribution is a guarantee of employment and guarantee the population. The article examines the legal nature of the contract on training. The author suggests ways of improving the legislation in the field of education.
Ключевые слова / Keywords:
Education Code, the distribution agreement on the preparation of the expert, guarantees, forced labor, compensation funds.
REVIEWSАннотация / Annotation:
The article deals with the distribution of graduates of vocational, specialized secondary and higher educational institutions. The author shows the existence in the scientific literature of various discussions on the subject. The author expressed the position that the distribution is a guarantee of employment and guarantee the population. The article examines the legal nature of the contract on training. The author suggests ways of improving the legislation in the field of education.
Ключевые слова / Keywords:
Education Code, the distribution agreement on the preparation of the expert, guarantees, forced labor, compensation funds.
E.V. OKHOTSKY E.V. Okhotsky – doctor of science (Sociology), professor of Department of State Administration and Law of the MGIMO University under the MFA of Russia, State Professor
Efficiency public administration: inertia of bureaucratic pressure and modernization strategy of renovation
Страницы / Pages: 149-163
Аннотация / Annotation:
The article is a scientific review of the scientific monograph of I.V. Ponkin «Theory of deviations in Public Administration: Uncertainties, risks, defects, dysfunction and failures in public administration» (Moscow, 2016, 250 pp.), as well as reflections on the theme of this monograph.
Ключевые слова / Keywords:
public administration, deviations in public administration, defect in public administration, error in public administration, risk, uncertainty, government, bureaucracy, modernization, national interests.
Аннотация / Annotation:
The article is a scientific review of the scientific monograph of I.V. Ponkin «Theory of deviations in Public Administration: Uncertainties, risks, defects, dysfunction and failures in public administration» (Moscow, 2016, 250 pp.), as well as reflections on the theme of this monograph.
Ключевые слова / Keywords:
public administration, deviations in public administration, defect in public administration, error in public administration, risk, uncertainty, government, bureaucracy, modernization, national interests.