Право и образование
№ 03 • 2018
THEORY QUESTIONS
KARKHALEV D.N. Karkhalev D.N. – doctor of jurisprudence
Wine in civil law
Страницы / Pages: 4-11
Аннотация / Annotation:
The article соnsideres the actual problems of defense of civil rights and responsibility realization defense function of civil law in contract and uncontract relations.
Ключевые слова / Keywords:
defense of civil rights, responsibility in civil law, defense relations.
Аннотация / Annotation:
The article соnsideres the actual problems of defense of civil rights and responsibility realization defense function of civil law in contract and uncontract relations.
Ключевые слова / Keywords:
defense of civil rights, responsibility in civil law, defense relations.
BIRYUKOV S.V. Biryukov S.V. – candidate of jurisprudence
To question about shapes of law influence on person
Страницы / Pages: 12-17
Аннотация / Annotation:
The refined classification of shapes of law influence (act of law) on person is offered in this article. Besides traditional allocating shapes (regulating, informational, value-orientational influence of law) it is offered to allocate psychology influence of law on consciousness and other, besides regulating one, influence of law on behavior of person.
Ключевые слова / Keywords:
law influence, law regulating, informational influence of law, psychology influence of law, value influence of law, sociology of law.
Аннотация / Annotation:
The refined classification of shapes of law influence (act of law) on person is offered in this article. Besides traditional allocating shapes (regulating, informational, value-orientational influence of law) it is offered to allocate psychology influence of law on consciousness and other, besides regulating one, influence of law on behavior of person.
Ключевые слова / Keywords:
law influence, law regulating, informational influence of law, psychology influence of law, value influence of law, sociology of law.
SOKOLSKAYA L.V. Sokolskaya L.V. – candidate of law, associate professor
KARELSKAYA-ZOTOVA V.V.
Karelskaya-Zotova V.V.
–
To the problem of studying legal nihilism in the scientific literature
Страницы / Pages: 18-25
Аннотация / Annotation:
On the basis of the analysis of philosophical and legal literature, the authors of the article formulate the conclusion that legal nihilism is a social phenomenon that is inherent in a part of society or individuals; negative, destructive phenomenon, expressed in the denial of the law as a whole or its individual elements; element of legal awareness and legal culture inherent in both the individual and the group of people; It manifests itself in a variety of forms and species that must be prevented and not dealt with consequences.
Ключевые слова / Keywords:
legal nihilism, sense of justice, legal culture, deformation of legal awareness, denial of cultural values, anomie.
Аннотация / Annotation:
On the basis of the analysis of philosophical and legal literature, the authors of the article formulate the conclusion that legal nihilism is a social phenomenon that is inherent in a part of society or individuals; negative, destructive phenomenon, expressed in the denial of the law as a whole or its individual elements; element of legal awareness and legal culture inherent in both the individual and the group of people; It manifests itself in a variety of forms and species that must be prevented and not dealt with consequences.
Ключевые слова / Keywords:
legal nihilism, sense of justice, legal culture, deformation of legal awareness, denial of cultural values, anomie.
ROMANOV A.A. Romanov A.A. – candidate of political sciences, associate professor
Interethnic conflicts and questions of their settlement
Страницы / Pages: 26-34
Аннотация / Annotation:
The article discusses the evolution of inter-ethnic conflicts in the context of globalization process, the role of the ethnic dimension in the complex conflicts of today. The author’s position regarding the most effective and adequate ways to stabilize interethnic relations in the growing tension is represented. The discussed solutions and behaviors of conflicting parties have both theoretical and practical significance in determining the principles of inter-ethnic cooperation.
Ключевые слова / Keywords:
ethnicity, politicization of ethnicity, ethnic community, interethnic conflict, ethnic estrangement, ethnonationalism, ethnofragmentation, ethnoimmigration.
Аннотация / Annotation:
The article discusses the evolution of inter-ethnic conflicts in the context of globalization process, the role of the ethnic dimension in the complex conflicts of today. The author’s position regarding the most effective and adequate ways to stabilize interethnic relations in the growing tension is represented. The discussed solutions and behaviors of conflicting parties have both theoretical and practical significance in determining the principles of inter-ethnic cooperation.
Ключевые слова / Keywords:
ethnicity, politicization of ethnicity, ethnic community, interethnic conflict, ethnic estrangement, ethnonationalism, ethnofragmentation, ethnoimmigration.
MORKHAT P.M. Morkhat P.M. – PhD (Law)
Artificial Intelligence and Human Rights: theoretical-legal research
Страницы / Pages: 35-44
Аннотация / Annotation:
This article is devoted to the study of approaches to ensuring the observance and protection of human rights in terms of the use of artificial intelligence technologies. The main threats to human rights observance, including human rights to privacy and confidentiality of personal information, possible ways of using artificial intelligence to improve the protection of human rights, as well as approaches to improving legislation in this area are considered in this article.
Ключевые слова / Keywords:
artificial intelligence, human rights, information law, the right to privacy, confidentiality of personal information.
MODERN EDUCATIONАннотация / Annotation:
This article is devoted to the study of approaches to ensuring the observance and protection of human rights in terms of the use of artificial intelligence technologies. The main threats to human rights observance, including human rights to privacy and confidentiality of personal information, possible ways of using artificial intelligence to improve the protection of human rights, as well as approaches to improving legislation in this area are considered in this article.
Ключевые слова / Keywords:
artificial intelligence, human rights, information law, the right to privacy, confidentiality of personal information.
TKACH G.F. Tkach G.F. – candidate of physical and mathematical Sciences, associate Professor
SIDOROVA E.A. Sidorova E.A. – Postgraduate student
Learning outcomes assessment in higher education: global focus
Страницы / Pages: 45-59
Аннотация / Annotation:
In this article we provide an overview of current research on learning outcomes assessment in higher education. The paper includes different approaches given the diversity of assessment types at regional levels and globally. We focus on alternatives to give an overview of the variety of learning outcomes assessment systems in higher education worldwide. In this matter this analysis could be instrumental in developing new promising assessment approaches in higher education and, ultimately, could improve the quality of teaching and learning in Russia.
Ключевые слова / Keywords:
learning outcomes, competences, assessment, higher education, quality.
Аннотация / Annotation:
In this article we provide an overview of current research on learning outcomes assessment in higher education. The paper includes different approaches given the diversity of assessment types at regional levels and globally. We focus on alternatives to give an overview of the variety of learning outcomes assessment systems in higher education worldwide. In this matter this analysis could be instrumental in developing new promising assessment approaches in higher education and, ultimately, could improve the quality of teaching and learning in Russia.
Ключевые слова / Keywords:
learning outcomes, competences, assessment, higher education, quality.
MOROZOVA N.M. Morozova N.M. – doctor of Philosophy
Тhe organization of the educational process in groups of foreign students in educational institutions of the mia of Russia
Страницы / Pages: 60-67
Аннотация / Annotation:
The article analyzes the main directions of educational process in groups of foreign students, especially their preparation of organizational and management activities through the formation of practical methods, using the modern Russian language and speech culture, as well as assist them in mastering the competencies necessary for applying this knowledge in professional activities.
Ключевые слова / Keywords:
foreign trainees, field of training, stages of training, peculiarities of educational process, activity-based approach.
Аннотация / Annotation:
The article analyzes the main directions of educational process in groups of foreign students, especially their preparation of organizational and management activities through the formation of practical methods, using the modern Russian language and speech culture, as well as assist them in mastering the competencies necessary for applying this knowledge in professional activities.
Ключевые слова / Keywords:
foreign trainees, field of training, stages of training, peculiarities of educational process, activity-based approach.
ASTAFYEV N.V. Astafyev N.V. – doctor pedagogically sciences, professor
NAIN A.A. Nain A.A. – doctor pedagogically sciences, professor
Realization of different types of programs of vocational education on the employee’s position «Employee of law-enforcement bodies»: differentiation of trainees on education levels; preparation for performance of obligations for a post
Страницы / Pages: 68-85
Аннотация / Annotation:
The article presents the substantiation of various professional training programs in the position of an employee of the “Internal Affairs Officer”. Three different vocational training programs have been proposed, which take into account the “initial level of education and (or) specialty (profile of training)” of students. To prepare the trainee to perform duties on the position held, it was suggested to ensure the practice in the subdivision of the component of the territorial body of the Ministry of Internal Affairs of Russia, which is possible when using the network form of organization of training.
Ключевые слова / Keywords:
employee of law-enforcement bodies; vocational education; network form; specialized preparation.
Аннотация / Annotation:
The article presents the substantiation of various professional training programs in the position of an employee of the “Internal Affairs Officer”. Three different vocational training programs have been proposed, which take into account the “initial level of education and (or) specialty (profile of training)” of students. To prepare the trainee to perform duties on the position held, it was suggested to ensure the practice in the subdivision of the component of the territorial body of the Ministry of Internal Affairs of Russia, which is possible when using the network form of organization of training.
Ключевые слова / Keywords:
employee of law-enforcement bodies; vocational education; network form; specialized preparation.
KIRILLOVYH A.A. Kirillovyh A.A. – candidate of legal sciences
University management in the international market of educational services:
public law aspect
Страницы / Pages: 86-90
Аннотация / Annotation:
The article deals with the issues of development of domestic system of higher education in the face of the emergence of a global market of educational services, as well as problems of formation of the organizational structure of the entrepreneurial University, requiring adaptation in practice the most effective elements of university governance.
Ключевые слова / Keywords:
university, globalization, integration, law, economics, entrepreneurship, self-government, autonomy, state, politics.
HOT TOPICАннотация / Annotation:
The article deals with the issues of development of domestic system of higher education in the face of the emergence of a global market of educational services, as well as problems of formation of the organizational structure of the entrepreneurial University, requiring adaptation in practice the most effective elements of university governance.
Ключевые слова / Keywords:
university, globalization, integration, law, economics, entrepreneurship, self-government, autonomy, state, politics.
TURCHINA O.V. Turchina O.V. – candidate of juridical science, associate professor
TROFIMCHUK N.V. Trofimchuk N.V. – candidate of juridical science
Theoretical practical aspects of the procedural status of the prosecutor in civil proceedings
Страницы / Pages: 91-97
Аннотация / Annotation:
The article deals with the procedural status of the procurator participating in the consideration of civil cases in courts. The authors analyzed form of the prosecutors participation in certain categories of cases. Attention is paid to the conclusion of the prosecutor in the case and conclusions are drown about the need to legislate the form and content of such of a conclusion.
Ключевые слова / Keywords:
procurator, conclusion, civil proceedings, procedural status.
Аннотация / Annotation:
The article deals with the procedural status of the procurator participating in the consideration of civil cases in courts. The authors analyzed form of the prosecutors participation in certain categories of cases. Attention is paid to the conclusion of the prosecutor in the case and conclusions are drown about the need to legislate the form and content of such of a conclusion.
Ключевые слова / Keywords:
procurator, conclusion, civil proceedings, procedural status.
CHURKINA L.M. Churkina L.M. – Candidate of Law Sciences, associate professor
KURDYUMOV A.V. Kurdyumov A.V. – Candidate of Economic Sciences, associate professor
KOLOTKINA O.A. Kolotkina O.A. – Candidate of Law Sciences, associate professor
The ethical conflicts in the international arbitration
Страницы / Pages: 98-103
Аннотация / Annotation:
The role of the international arbitration as way of settlement of disputes with participation of a foreign element increases. Participation of lawyers in him from various jurisdictions causes a problem of professional ethics of lawyers, following various rules of professional behavior and ethics. In this regard it is represented interesting to consider the ethical conflicts arising in the international arbitration and the international ethical standards regulating behavior of lawyers in the international arbitration.
Ключевые слова / Keywords:
ethics, lawyer, international arbitration, international association of lawyers.
Аннотация / Annotation:
The role of the international arbitration as way of settlement of disputes with participation of a foreign element increases. Participation of lawyers in him from various jurisdictions causes a problem of professional ethics of lawyers, following various rules of professional behavior and ethics. In this regard it is represented interesting to consider the ethical conflicts arising in the international arbitration and the international ethical standards regulating behavior of lawyers in the international arbitration.
Ключевые слова / Keywords:
ethics, lawyer, international arbitration, international association of lawyers.
SUCHILKINA E.V. Suchilkina E.V. – candidate of historical Sciences
NIKITINA M.E. Nikitina M.E. – candidate of historical Sciences
To the problem of concluding a fixed term employment contract
Страницы / Pages: 104-113
Аннотация / Annotation:
This article considers the features of the conclusion of urgent employment contracts and problems of differentiation in practice, their contracts grazhdansko-legal character, violation of labour rights in the employment contracts. In this analysis the need to improve work with juveniles and young people in education in terms of raising the level of legal literacy in the workplace.
Ключевые слова / Keywords:
fixed-term employment contract, the grounds for concluding fixed-term labour contracts, the labour rights of employees and guarantees in the field of labor.
Аннотация / Annotation:
This article considers the features of the conclusion of urgent employment contracts and problems of differentiation in practice, their contracts grazhdansko-legal character, violation of labour rights in the employment contracts. In this analysis the need to improve work with juveniles and young people in education in terms of raising the level of legal literacy in the workplace.
Ключевые слова / Keywords:
fixed-term employment contract, the grounds for concluding fixed-term labour contracts, the labour rights of employees and guarantees in the field of labor.
LEVANOVA E.A. Levanova E.A. – Doctor of Pedagogical Sciences, professor
PUSHKAREVA T.V. Pushkareva T.V. – Doctor of Pedagogical Sciences
BASKAKOVA Y.A. Baskakova Y.A. – Candidate of pedagogical sciences
CHERNOVA E.I.
Chernova E.I.
–
Role of the information environment in formation of personnel reserve in an organization with high level of employee turnover
Страницы / Pages: 114-120
Аннотация / Annotation:
The article presents a research of information environment in the course of formation of personnel reserve of the organization. The corporate information system allows to identify specialists, potentially capable of entering the personnel reserve of the organization, at employment stage, to create conditions for training and advanced training, and to monitor employees’ professional development. Personal characteristics of the employees included in the personnel reserve are also given in the article.
Ключевые слова / Keywords:
corporate information system, personnel reserve, organization, monitoring, personal characteristics.
Аннотация / Annotation:
The article presents a research of information environment in the course of formation of personnel reserve of the organization. The corporate information system allows to identify specialists, potentially capable of entering the personnel reserve of the organization, at employment stage, to create conditions for training and advanced training, and to monitor employees’ professional development. Personal characteristics of the employees included in the personnel reserve are also given in the article.
Ключевые слова / Keywords:
corporate information system, personnel reserve, organization, monitoring, personal characteristics.
ARTAMONOVA S.N. Artamonova S.N. – candidate of legal sciences
Actual experience of the administrative-legal regulation of State control and surveillance activities in the field of road transport
Страницы / Pages: 121-135
Аннотация / Annotation:
This article analyzes the most relevant aspects of the experience of legal regulation of monitoring and surveillance activities in the field of road transport, as well as prospects for improvement in the conditions of the rule of law modern Russia.
Ключевые слова / Keywords:
motor transport; road safety; control and oversight activities; the car right.
SCIENTIFIC DEBUTАннотация / Annotation:
This article analyzes the most relevant aspects of the experience of legal regulation of monitoring and surveillance activities in the field of road transport, as well as prospects for improvement in the conditions of the rule of law modern Russia.
Ключевые слова / Keywords:
motor transport; road safety; control and oversight activities; the car right.
MOISEEV A.I.
Moiseev A.I.
–
The problem of defining terrorism in international law: general characteristics of existing definitions
Страницы / Pages: 136-150
Аннотация / Annotation:
The article considers regulatory provisions, including those recently associated with the definition of terrorism. Paid attention to the fact that, although there is some progress in the understanding of terrorism and starting a General definition, but in many ways this progress is a consequence of the changes undergone by the phenomenon of terrorism over time. With the change of the political situation, terrorism, changing approaches to understanding its nature.
Ключевые слова / Keywords:
National security, counter-terrorism, the financing of terrorism, international law, UN, UN Security Council, ISIS, criminal liability, legal doctrine, aut dedere aut judicare.
Аннотация / Annotation:
The article considers regulatory provisions, including those recently associated with the definition of terrorism. Paid attention to the fact that, although there is some progress in the understanding of terrorism and starting a General definition, but in many ways this progress is a consequence of the changes undergone by the phenomenon of terrorism over time. With the change of the political situation, terrorism, changing approaches to understanding its nature.
Ключевые слова / Keywords:
National security, counter-terrorism, the financing of terrorism, international law, UN, UN Security Council, ISIS, criminal liability, legal doctrine, aut dedere aut judicare.
DAUTIYA T.V.
Dautiya T.V.
–
Classification of Members of a Self-regulating Organization in Construction and Certain Aspects of their Legal Status
Страницы / Pages: 151-158
Аннотация / Annotation:
The article provides a members’ classification of a self-regulatory organization in the construction industry, based on the current version of the provisions of the Town Planning Code of the Russian Federation, which came into force on the 1st of July, 2017. The classification proposed by the author makes it possible to reveal peculiarities and certain aspects of the legal status of members of a self-regulating organization.
Ключевые слова / Keywords:
the member of self-regulating organizations, construction, designing, engineering researches, classification, Compensation Fund for Redress, Compensation Fund to ensure Contractual Obligations.
Аннотация / Annotation:
The article provides a members’ classification of a self-regulatory organization in the construction industry, based on the current version of the provisions of the Town Planning Code of the Russian Federation, which came into force on the 1st of July, 2017. The classification proposed by the author makes it possible to reveal peculiarities and certain aspects of the legal status of members of a self-regulating organization.
Ключевые слова / Keywords:
the member of self-regulating organizations, construction, designing, engineering researches, classification, Compensation Fund for Redress, Compensation Fund to ensure Contractual Obligations.
PESTRYAKOVA L.G.
Pestryakova L.G.
–
What are the forms of credit?
Страницы / Pages: 159-169
Аннотация / Annotation:
The article is devoted to the study of the forms of the loan. The last time the credit relationship has reached its greatest development, however, is not to say that their development is over. In modern conditions of loan forms have undergone some changes and in this article they are reflected.
Ключевые слова / Keywords:
credit, loan forms, loan agreement, loan for education.
Аннотация / Annotation:
The article is devoted to the study of the forms of the loan. The last time the credit relationship has reached its greatest development, however, is not to say that their development is over. In modern conditions of loan forms have undergone some changes and in this article they are reflected.
Ключевые слова / Keywords:
credit, loan forms, loan agreement, loan for education.
ZHURAVLEV D.S.
Zhuravlev D.S.
–
The Genesis of the criminal legislation of Russia in the pre-Petrine time
Страницы / Pages: 170-174
Аннотация / Annotation:
The process of becoming law in the period from IX to XVII centuries and conversion of Peter the Great allow to show the evolution of the criminal law most fully.
Ключевые слова / Keywords:
the source of law, legislation, law, punishment, the army.
Аннотация / Annotation:
The process of becoming law in the period from IX to XVII centuries and conversion of Peter the Great allow to show the evolution of the criminal law most fully.
Ключевые слова / Keywords:
the source of law, legislation, law, punishment, the army.