Право и образование
№ 03 • 2019
THEORY QUESTIONS
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
REDKINA A.I. Redkina A.I. – PhD (Law)
Methodology of science: the notion of «scientific concept»
Страницы / Pages: 4-11
Аннотация / Annotation:
The article is devoted to the study of the content and applicability of the notion of «scientific concept». The article discusses the reasons for the complexity of the exact definition of this notion. The authors give the author’s definitions of the notions «scientific construct» and «scientific concept». The article shows the importance of concepts in legal science.
Ключевые слова / Keywords:
scientific concept, science, analytics, scientific knowledge, research method, scientific method.
Аннотация / Annotation:
The article is devoted to the study of the content and applicability of the notion of «scientific concept». The article discusses the reasons for the complexity of the exact definition of this notion. The authors give the author’s definitions of the notions «scientific construct» and «scientific concept». The article shows the importance of concepts in legal science.
Ключевые слова / Keywords:
scientific concept, science, analytics, scientific knowledge, research method, scientific method.
TSYGANKOVA E.A. Tsygankova E.A. – сandidate of juridical sciences
Implementation principles of state enforcement
Страницы / Pages: 12-21
Аннотация / Annotation:
State enforcement as an institution of state power is implemented in accordance with the general principles of the rule of law. The legal nature of state enforcement is determined by its subordination to the principles of law that express its democratic content.
Ключевые слова / Keywords:
state enforcement, the principle of legality, the principle of democracy, the principle of justice, the principle of legal equality, the principle of expediency.
Аннотация / Annotation:
State enforcement as an institution of state power is implemented in accordance with the general principles of the rule of law. The legal nature of state enforcement is determined by its subordination to the principles of law that express its democratic content.
Ключевые слова / Keywords:
state enforcement, the principle of legality, the principle of democracy, the principle of justice, the principle of legal equality, the principle of expediency.
TURGANBAYEV A.O.
Turganbayev A.O.
–
The concept of strategic planning in public administration
Страницы / Pages: 22-27
Аннотация / Annotation:
The article is devoted to the study of nature and the concept of strategic planning in the framework of public administration and public policy. The article shows theoretical approaches to the description of the named concept. The author proposes her own author’s definition of this concept.
Ключевые слова / Keywords:
strategic planning, public administration, government policies, state building, administrative law.
Аннотация / Annotation:
The article is devoted to the study of nature and the concept of strategic planning in the framework of public administration and public policy. The article shows theoretical approaches to the description of the named concept. The author proposes her own author’s definition of this concept.
Ключевые слова / Keywords:
strategic planning, public administration, government policies, state building, administrative law.
KISELEV V.V. Kiselev V.V. – PhD in Psychology
GNEZDILOV G.V. Gnezdilov G.V. – Ph.D. in Psychology, professor
Methodological and methodical problems of studying the psychology of corruption and anti-corruption behavior
Страницы / Pages: 28-34
Аннотация / Annotation:
The article is dedicated to the consideration of methodological and methodological problems of studying the psychology of corruption and anti-corruption behavior. The authors believe that psychological science is objectively limited in its ability to diagnose corruption in persons at liberty by their presumption of innocence because of which it is capable of detecting only the tendency of the individual to corrupt behavior. Based on the analysis of the results of the psychological study of the value sphere of prisoners convicted of corruption crimes, it can be concluded that under the conditions of imprisonment there are major changes in the identity of corrupt officials which makes the results irrelevant from the point of view of their extension to the general population of corrupt officials.
Ключевые слова / Keywords:
methodological problems, methodical problems, corruption psychology, anti-corruption behavior, difficulties, psychological research, civil servants, corrupt officials, places of detention.
MODERN EDUCATIONАннотация / Annotation:
The article is dedicated to the consideration of methodological and methodological problems of studying the psychology of corruption and anti-corruption behavior. The authors believe that psychological science is objectively limited in its ability to diagnose corruption in persons at liberty by their presumption of innocence because of which it is capable of detecting only the tendency of the individual to corrupt behavior. Based on the analysis of the results of the psychological study of the value sphere of prisoners convicted of corruption crimes, it can be concluded that under the conditions of imprisonment there are major changes in the identity of corrupt officials which makes the results irrelevant from the point of view of their extension to the general population of corrupt officials.
Ключевые слова / Keywords:
methodological problems, methodical problems, corruption psychology, anti-corruption behavior, difficulties, psychological research, civil servants, corrupt officials, places of detention.
PAVLOV S.N. Pavlov S.N. – doctor of pedagogy, associate Professor
Public opinion as an indicator of the process of formation of the image of the university and the stimulator, giving the orientation of social actions of the consumers of educational services when choosing an educational institution
Страницы / Pages: 35-43
Аннотация / Annotation:
This paper looks at the basic theoretical and practical principles behind the formation of public opinion about a university as part of building its reputation. The authors stress the need to produce a psychological and pedagogical impact on target groups during public meetings in order to stimulate the public to accept the regulatory function of the public opinion, which should manifest itself in a cognitive aspect. The article reveals the structure and the content of a public opinion formation model developed by the author, which helpssynthesize and produce an overall image of a university to secure public endorsement and popularity.
Ключевые слова / Keywords:
public opinion, process, modeling, information, pedagogization, impact, image.
Аннотация / Annotation:
This paper looks at the basic theoretical and practical principles behind the formation of public opinion about a university as part of building its reputation. The authors stress the need to produce a psychological and pedagogical impact on target groups during public meetings in order to stimulate the public to accept the regulatory function of the public opinion, which should manifest itself in a cognitive aspect. The article reveals the structure and the content of a public opinion formation model developed by the author, which helpssynthesize and produce an overall image of a university to secure public endorsement and popularity.
Ключевые слова / Keywords:
public opinion, process, modeling, information, pedagogization, impact, image.
MATYUSHEVA T.N. Matyusheva T.N. – Doctor of Law
The evolution of educational levels as a reflection of policy in the field of state security
Страницы / Pages: 44-48
Аннотация / Annotation:
The theoretical substantiation of changes in the education system that occurred after the adoption of the new educational legislation on the basis of the 1993 Constitution is the task of legal science. The article is devoted to the study of Russian legislation in the field of education, its levels, system. The evolution of the levels of Russian education is viewed as a reflection of the state’s security policy.
Ключевые слова / Keywords:
protection of the rights and freedoms of individuals, security of the person, the principles of state education policy, higher vocational education.
Аннотация / Annotation:
The theoretical substantiation of changes in the education system that occurred after the adoption of the new educational legislation on the basis of the 1993 Constitution is the task of legal science. The article is devoted to the study of Russian legislation in the field of education, its levels, system. The evolution of the levels of Russian education is viewed as a reflection of the state’s security policy.
Ключевые слова / Keywords:
protection of the rights and freedoms of individuals, security of the person, the principles of state education policy, higher vocational education.
SHIROKOVA M.E. Shirokova M.E. – candidate of social Sciences
SEMENOVA T.YU. Semenova T.Yu. – candidate of social Sciences, Associate Professor
Questions of education of people of “silver” age
Страницы / Pages: 49-56
Аннотация / Annotation:
The article raises the question of the need for scientific analysis and understanding of the experience of teaching people of the third age, the search for optimal conditions for the implementation of continuing education for this category of citizens. There is a need for special didactic methods and techniques that provide not only compensation for age – related cognitive decline, but also support for age-related benefits-motivation, independence, life experience.
Ключевые слова / Keywords:
third age, training of elderly citizens, computer literacy, universities of the third age, continuing education.
EDUCATION ABROADАннотация / Annotation:
The article raises the question of the need for scientific analysis and understanding of the experience of teaching people of the third age, the search for optimal conditions for the implementation of continuing education for this category of citizens. There is a need for special didactic methods and techniques that provide not only compensation for age – related cognitive decline, but also support for age-related benefits-motivation, independence, life experience.
Ключевые слова / Keywords:
third age, training of elderly citizens, computer literacy, universities of the third age, continuing education.
BOBROV A.M. Bobrov A.M. – candidate of legal Sciences
TSATSKINA A.V.
Tsatskina A.V.
–
The role of the educational system in the economic and social development of the Republic of Singapore
Страницы / Pages: 57-64
Аннотация / Annotation:
The article analyzes the positive experience of reforming the education system in the Republic of Singapore, on the basis of which it is concluded that this was one of the main reasons for the sharp economic and social development of the state. A general description of the state of education in the initial period of the Republic’s formation is given, it is shown how it was modified in connection with the introduction of the bilingualism policy for the formation of the national identity of Singapore.
Ключевые слова / Keywords:
education, Republic of Singapore, economic development, experience.
Аннотация / Annotation:
The article analyzes the positive experience of reforming the education system in the Republic of Singapore, on the basis of which it is concluded that this was one of the main reasons for the sharp economic and social development of the state. A general description of the state of education in the initial period of the Republic’s formation is given, it is shown how it was modified in connection with the introduction of the bilingualism policy for the formation of the national identity of Singapore.
Ключевые слова / Keywords:
education, Republic of Singapore, economic development, experience.
KALYAK A.M. Kalyak A.M. – candidate of legal science, docent
KALYAK N.A.
Kalyak N.A.
–
Quality of education in the legislation and judicial practice of certain CIS countries
Страницы / Pages: 65-71
Аннотация / Annotation:
Based on the analysis of the laws on education of Russia, Ukraine and Moldova and some judicial decisions of Russian and Kazakhstan courts, the criteria for determining the concept of “quality of education” in the legislation and law enforcement practice of different categories of cases are identified.
Ключевые слова / Keywords:
quality of education, education quality assurance, agreement on the provision of educational services, state requirements and standards in the field of education.
PROFESSIONAL EDUCATIONАннотация / Annotation:
Based on the analysis of the laws on education of Russia, Ukraine and Moldova and some judicial decisions of Russian and Kazakhstan courts, the criteria for determining the concept of “quality of education” in the legislation and law enforcement practice of different categories of cases are identified.
Ключевые слова / Keywords:
quality of education, education quality assurance, agreement on the provision of educational services, state requirements and standards in the field of education.
VANINA T.O. Vanina T.O. – Candidate of Science (Education)
On the development of common cultural, common professional and professional competences of future lawyers in the process of learning a foreign (english) language
Страницы / Pages: 72-78
Аннотация / Annotation:
The article deals with pedagogical technologies applied in the process of forming general cultural, general professional and professional competences of law students in the course of mastering the disciplines Foreign Language and Foreign Language in Jurisprudence and analyzes the role of the competence approach in training future lawyers.
Ключевые слова / Keywords:
general cultural competences, general professional competences, professional competences, competence approach, pedagogical technologies.
Аннотация / Annotation:
The article deals with pedagogical technologies applied in the process of forming general cultural, general professional and professional competences of law students in the course of mastering the disciplines Foreign Language and Foreign Language in Jurisprudence and analyzes the role of the competence approach in training future lawyers.
Ключевые слова / Keywords:
general cultural competences, general professional competences, professional competences, competence approach, pedagogical technologies.
EFREMOV A.A.
Efremov A.A.
–
Trends and innovations in the system of legal training of military medical professionals (for example additional professional education)
Страницы / Pages: 79-86
Аннотация / Annotation:
The article investigates the problem of improving the quality of legal training of military medical specialists, the relevance of which is due to the specific correlation of the concepts of “call of duty” and “medical duty” in the activities of a military doctor, officer. On the basis of the study conducted by the author, the main trends of legal training of military medical specialists in the framework of additional professional education are noted, the necessity of pedagogical innovations is substantiated, the main ways of their implementation are described.
Ключевые слова / Keywords:
legal training, doctor, officer, additional education, pedagogical innovations.
Аннотация / Annotation:
The article investigates the problem of improving the quality of legal training of military medical specialists, the relevance of which is due to the specific correlation of the concepts of “call of duty” and “medical duty” in the activities of a military doctor, officer. On the basis of the study conducted by the author, the main trends of legal training of military medical specialists in the framework of additional professional education are noted, the necessity of pedagogical innovations is substantiated, the main ways of their implementation are described.
Ключевые слова / Keywords:
legal training, doctor, officer, additional education, pedagogical innovations.
TEPLYASHIN I.V. Teplyashin I.V. – candidate of law, associate Professor
VOROPAEVA K.E. Voropaeva K.E. – undergraduate
Formation of legal thinking of legal profile students (on the example of master’s programs)
Страницы / Pages: 87-93
Аннотация / Annotation:
The study of the peculiarities of the legislation and practical activities of the state, as well as the effective consolidation of the acquired knowledge the student can get in the framework of systematic educational work and the consistent development of intellectual abilities. As part of the master’s feature of education is the formation of a professional model of legal thinking of the student, the establishment of a high level of legal culture of the future lawyer.
Ключевые слова / Keywords:
legal thinking, master’s student, legal profile, law, higher legal education, Russian youth, legal culture, legal science.
HOT TOPICАннотация / Annotation:
The study of the peculiarities of the legislation and practical activities of the state, as well as the effective consolidation of the acquired knowledge the student can get in the framework of systematic educational work and the consistent development of intellectual abilities. As part of the master’s feature of education is the formation of a professional model of legal thinking of the student, the establishment of a high level of legal culture of the future lawyer.
Ключевые слова / Keywords:
legal thinking, master’s student, legal profile, law, higher legal education, Russian youth, legal culture, legal science.
PAVLOVA S.A. Pavlova S.A. – doctor of biology
PAVLOV I.E. Pavlov I.E. – aspirant
SUCHKOVA M.A.
Suchkova M.A.
–
The legal basis for forming a model of the culture of waste management
Страницы / Pages: 94-105
Аннотация / Annotation:
The social aspect of public administration in the field of improving the quality of life is based on the conscious activity of citizens and is regulated by legal norms. The important objectives of state policy include ensuring environmental safety and preserving the quality of the environment. The formation of a sustainable model of behavior in society in waste management is formed on the basis of the introduction of skills in the educational process from the very first level of education.
Ключевые слова / Keywords:
educational standard, culture, waste, state policy.
Аннотация / Annotation:
The social aspect of public administration in the field of improving the quality of life is based on the conscious activity of citizens and is regulated by legal norms. The important objectives of state policy include ensuring environmental safety and preserving the quality of the environment. The formation of a sustainable model of behavior in society in waste management is formed on the basis of the introduction of skills in the educational process from the very first level of education.
Ключевые слова / Keywords:
educational standard, culture, waste, state policy.
KOCHANZHI I.D. Kochanzhi I.D. – Candidate of Historical Sciences
Legal aspects of use of blockchain’ s technology for the creation of preconditions of electronic sales platforms for purchase procurement
Страницы / Pages: 106-113
Аннотация / Annotation:
In article the mechanism of functioning and scope of technology a blockchain and also calls facing the states, including Russia, in connection with her distribution is considered, тhe technology a blockchain to which prophesied the huge future in all spheres where exchange of information, her storage and protection is required is analyzed, the subject of application of a blockchain and in electronic procurement rose.
Ключевые слова / Keywords:
blockchain, bitcoin, information, contract, clever contracts, mayner, technologies, payment, examination.
Аннотация / Annotation:
In article the mechanism of functioning and scope of technology a blockchain and also calls facing the states, including Russia, in connection with her distribution is considered, тhe technology a blockchain to which prophesied the huge future in all spheres where exchange of information, her storage and protection is required is analyzed, the subject of application of a blockchain and in electronic procurement rose.
Ключевые слова / Keywords:
blockchain, bitcoin, information, contract, clever contracts, mayner, technologies, payment, examination.
MELNIKOVA M.V. Melnikova M.V. – candidate of law, associate Professor
The electoral law and the formation of democracy in modern russia
Страницы / Pages: 114-119
Аннотация / Annotation:
The article deals with the issue of changes in the electoral legislation of the Russian Federation at the present stage of democracy development in Russia. Fundamental political and legal values in modern democratic States, such as political freedoms, political pluralism, etc., contribute to the solution of emerging problems in the relationship of citizens with the state. In the States the transition period is difficult institucionalizada democratic mechanisms.
Ключевые слова / Keywords:
the electoral law, the democratic political system, electoral technology, electoral system.
Аннотация / Annotation:
The article deals with the issue of changes in the electoral legislation of the Russian Federation at the present stage of democracy development in Russia. Fundamental political and legal values in modern democratic States, such as political freedoms, political pluralism, etc., contribute to the solution of emerging problems in the relationship of citizens with the state. In the States the transition period is difficult institucionalizada democratic mechanisms.
Ключевые слова / Keywords:
the electoral law, the democratic political system, electoral technology, electoral system.
KOHTACHEV V.S.
Kohtachev V.S.
–
About some questions of the humanization of punishment in the criminal and criminal-executive legislation of Russia
Страницы / Pages: 120-125
Аннотация / Annotation:
The article deals with the essence of criminal punishment in the light of its humanization, analyzes the concept of justice of punishment, both in terms of law and from the standpoint of philosophical science. Discusses the need and importance of just punishment, and the consequences of the appointment of the unjust punishment. The need to amend the criminal law in the principle of humanism is considered.
Ключевые слова / Keywords:
crime, punishment, humanism, justice, convict, correction, coercion.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article deals with the essence of criminal punishment in the light of its humanization, analyzes the concept of justice of punishment, both in terms of law and from the standpoint of philosophical science. Discusses the need and importance of just punishment, and the consequences of the appointment of the unjust punishment. The need to amend the criminal law in the principle of humanism is considered.
Ключевые слова / Keywords:
crime, punishment, humanism, justice, convict, correction, coercion.
SOLOVYEV A.A. Solovyev A.A. – doctor of science (Law), professor
Executive bodies and personnel of the General Council of the Judicial Power of the Kingdom of Spain
Страницы / Pages: 126-137
Аннотация / Annotation:
The article is dedicated to the matters related to the organizational structure of the General Council of the Judicial Power of the Kingdom of Spain. Special attention is devoted to the study of the legal status of the personnel of the General Council of the Judicial Power.
Ключевые слова / Keywords:
Kingdom of Spain, judicial bodies, global experience, General Council of the Judicial Power of the Kingdom of Spain, Plenum, commissions, executive bodies, personnel.
Аннотация / Annotation:
The article is dedicated to the matters related to the organizational structure of the General Council of the Judicial Power of the Kingdom of Spain. Special attention is devoted to the study of the legal status of the personnel of the General Council of the Judicial Power.
Ключевые слова / Keywords:
Kingdom of Spain, judicial bodies, global experience, General Council of the Judicial Power of the Kingdom of Spain, Plenum, commissions, executive bodies, personnel.
ZVYAGIN S.A. Zvyagin S.A. – Doctor of Economics, Associate Professor
STRIGINA I.E. Strigina I.E. – Candidate of Economic Sciences
The specifics of the application of elements of the accounting method in expert accounting work
Страницы / Pages: 138-144
Аннотация / Annotation:
The paper deals with the features of expert accounting, causing the use of elements of the method of accounting in the conduct of accounting expertise, taking into account the current needs of law enforcement practice in response to the modernization of methods and methods of illegal impact on economic activity.
Ключевые слова / Keywords:
accounting expertise, expert research, elements of the accounting method, financial and economic audit, illegal economic actions.
Аннотация / Annotation:
The paper deals with the features of expert accounting, causing the use of elements of the method of accounting in the conduct of accounting expertise, taking into account the current needs of law enforcement practice in response to the modernization of methods and methods of illegal impact on economic activity.
Ключевые слова / Keywords:
accounting expertise, expert research, elements of the accounting method, financial and economic audit, illegal economic actions.
MIKHALEV A.V.
Mikhalev A.V.
–
To the question of the problem understanding of the fragment of the material trace and its forensic value
Страницы / Pages: 145-150
Аннотация / Annotation:
The article deals with topical issues of classification of fragmentary traces of maps. In the course of the survey conducted by the author, the problematic issues of the need to clarify the understanding of the definition of “fragmentary trace” and to expand the classification of fragmentary traces-maps by considering new grounds for classification are revealed. A proposal is made to Supplement the classification of fragmentary traces-maps depending on the method of their formation.
Ключевые слова / Keywords:
criminalistics, trace evidence, footprint, fragment, fragmentary track, classification tracks.
Аннотация / Annotation:
The article deals with topical issues of classification of fragmentary traces of maps. In the course of the survey conducted by the author, the problematic issues of the need to clarify the understanding of the definition of “fragmentary trace” and to expand the classification of fragmentary traces-maps by considering new grounds for classification are revealed. A proposal is made to Supplement the classification of fragmentary traces-maps depending on the method of their formation.
Ключевые слова / Keywords:
criminalistics, trace evidence, footprint, fragment, fragmentary track, classification tracks.
CHELPANOVA T.M.
Chelpanova T.M.
–
Foreign jurisprudence on the legal status and activity of military chaplains
Страницы / Pages: 151-159
Аннотация / Annotation:
The article is devoted to the issue of the legal status of chaplains in the Armed Forces. The article shows the jurisprudence of USA, the UK and France on a range of issues. The author makes a conclusion on the determinants of the constitutional-legal significance of the institute of military chaplains.
Ключевые слова / Keywords:
religious freedom, relations between the state and religious organizations, military chaplain, religious rights, constitutional law.
PAGES OF HISTORYАннотация / Annotation:
The article is devoted to the issue of the legal status of chaplains in the Armed Forces. The article shows the jurisprudence of USA, the UK and France on a range of issues. The author makes a conclusion on the determinants of the constitutional-legal significance of the institute of military chaplains.
Ключевые слова / Keywords:
religious freedom, relations between the state and religious organizations, military chaplain, religious rights, constitutional law.
PABERS A.I. Pabers A.I. – Candidate of historical Sciences
Normative-legal bases of activity of the state and public organizations of St. Petersburg on military-Patriotic education of youth in the conditions of social and political uncertainty (90th of XX century – the beginning of XXI century).
Страницы / Pages: 160-168
Аннотация / Annotation:
The author has given in the article priority directions for military-Patriotic education of young generation in St. Petersburg at the end of XX– beginning of XXI centuries the problem the author considers, on the basis of the revival and development of the system of military – Patriotic education in the cultural capital of Russia. The changes that took place in the 90-ies of the last century in the social, economic, political and spiritual spheres of the country, the reformation of modern society in St. Petersburg gave rise to both positive and negative trends in the spiritual education of young patriots of the Fatherland.
Ключевые слова / Keywords:
priority directions on military-Patriotic education of the young generation in St. Petersburg; the formation of civil position; the priority goals of modern education; trends in the development of younger generations; socio – political uncertainty.
Аннотация / Annotation:
The author has given in the article priority directions for military-Patriotic education of young generation in St. Petersburg at the end of XX– beginning of XXI centuries the problem the author considers, on the basis of the revival and development of the system of military – Patriotic education in the cultural capital of Russia. The changes that took place in the 90-ies of the last century in the social, economic, political and spiritual spheres of the country, the reformation of modern society in St. Petersburg gave rise to both positive and negative trends in the spiritual education of young patriots of the Fatherland.
Ключевые слова / Keywords:
priority directions on military-Patriotic education of the young generation in St. Petersburg; the formation of civil position; the priority goals of modern education; trends in the development of younger generations; socio – political uncertainty.
LOBA V.E. Loba V.E. – Candidate of Legal Sciences, associate professor
ABDULAYEVA I.A. Abdulayeva I.A. – candidate philosophical scientist, associate professor
A.A. Piontkovsky (1862–1915) about conditional condemnation
Страницы / Pages: 169-176
Аннотация / Annotation:
In article absolutely not outdated views of A.A. Piontkovsky on the bases, limits of application and a condition of cancellation of conditional condemnation as the means of fight against crime reflected in his master thesis “Conditional condemnation or the system of test” (1894) are depicted. Unfortunately, these views have found the embodiment in the criminal law only after October events of 1917.
Ключевые слова / Keywords:
conditional condemnation, system of test, fight against crime, institute of criminal law.
Аннотация / Annotation:
In article absolutely not outdated views of A.A. Piontkovsky on the bases, limits of application and a condition of cancellation of conditional condemnation as the means of fight against crime reflected in his master thesis “Conditional condemnation or the system of test” (1894) are depicted. Unfortunately, these views have found the embodiment in the criminal law only after October events of 1917.
Ключевые слова / Keywords:
conditional condemnation, system of test, fight against crime, institute of criminal law.