Право и образование
№ 03 • 2021
THEORY QUESTIONS
TURANIN V.YU. Turanin V.Yu. – doсtor of Law
PRIORITY OF SECURITY IN THE CONCEPT OF PERCEPTION OF NATIONAL INTERESTS OF RUSSIA: A CONCEPT ANALYSIS
Страницы / Pages: 4-13
Аннотация / Annotation:
The article examines the system of concepts (“security”, “state security”, “national security”, “threats to national security”, “ensuring national security”, “strategic national priorities of the Russian Federation”), which accompanies the disclosure of the essence of Russia’s national interests. The conclusion is made about the need for the priority of security in the concept of modern perception of national interests, which allows for effective state and social construction.
Ключевые слова / Keywords:
national interests, nation, people, security, national security, strategic national priorities.
Аннотация / Annotation:
The article examines the system of concepts (“security”, “state security”, “national security”, “threats to national security”, “ensuring national security”, “strategic national priorities of the Russian Federation”), which accompanies the disclosure of the essence of Russia’s national interests. The conclusion is made about the need for the priority of security in the concept of modern perception of national interests, which allows for effective state and social construction.
Ключевые слова / Keywords:
national interests, nation, people, security, national security, strategic national priorities.
GERASHCHENKO I.G. Gerashchenko I.G. – doctor of sciences (philosophy), professor
GERASHCHENKO A.I.
Gerashchenko A.I.
–
The origin of the philosophy of law in the context of legal education
Страницы / Pages: 14-23
Аннотация / Annotation:
The article shows the origins of the philosophy of law and its role in legal education. The idea is substantiated that the origin of the philosophy of law took place in the Ancient East, and not in the West.
Ключевые слова / Keywords:
philosophy of law, the origins of the philosophy of law, legal education, brahmanism, Buddhism, Taoism, Confucianism.
Аннотация / Annotation:
The article shows the origins of the philosophy of law and its role in legal education. The idea is substantiated that the origin of the philosophy of law took place in the Ancient East, and not in the West.
Ключевые слова / Keywords:
philosophy of law, the origins of the philosophy of law, legal education, brahmanism, Buddhism, Taoism, Confucianism.
ANISHCHENKO V.N. Anishchenko V.N. – doctor of technical sciences, professor
SOVETOV D.I. Sovetov D.I. – postgraduate
Problems of classification and errors of interpretation of blanket standards in russian law
Страницы / Pages: 24-30
Аннотация / Annotation:
The legislation of the Russian Federation is constantly evolving, and in recent years, even with an acceleration. Such dynamics is associated with the continuous service of public relations and, as a result, the emergence of new offenses, for the correct qualification of which it is necessary not only to develop the norms of criminal law, but also to turn to the norms of other branches of law. In this regard, the number of blanket norms is constantly increasing in the criminal legal system, which complicates the process of law enforcement in general and causes the existence of classification, interpretation problems and the occurrence of errors in the application of blanket norms.
Ключевые слова / Keywords:
law enforcement errors, blanketness, rules qualification, classification of blanket norms, disposition of norms
Аннотация / Annotation:
The legislation of the Russian Federation is constantly evolving, and in recent years, even with an acceleration. Such dynamics is associated with the continuous service of public relations and, as a result, the emergence of new offenses, for the correct qualification of which it is necessary not only to develop the norms of criminal law, but also to turn to the norms of other branches of law. In this regard, the number of blanket norms is constantly increasing in the criminal legal system, which complicates the process of law enforcement in general and causes the existence of classification, interpretation problems and the occurrence of errors in the application of blanket norms.
Ключевые слова / Keywords:
law enforcement errors, blanketness, rules qualification, classification of blanket norms, disposition of norms
KHILYUTA V.V. Khilyuta V.V. – candidate of law, associate professor
Ontological foundations for understanding insignificance in criminal law
Страницы / Pages: 31-41
Аннотация / Annotation:
The article addresses the doctrinal problems of understanding a minor act in criminal law. The essence and content of the concept of “insignificant act” and its features are disclosed from ontological positions. The author outlined trends in the development of the doctrine of insignificance in law, revealed the nature of this phenomenon and determined the place of the insignificant act in the structure of the general part of criminal law.
Ключевые слова / Keywords:
crime, minor act, public danger, structure of crime, criminal law.
LAW ABROADАннотация / Annotation:
The article addresses the doctrinal problems of understanding a minor act in criminal law. The essence and content of the concept of “insignificant act” and its features are disclosed from ontological positions. The author outlined trends in the development of the doctrine of insignificance in law, revealed the nature of this phenomenon and determined the place of the insignificant act in the structure of the general part of criminal law.
Ключевые слова / Keywords:
crime, minor act, public danger, structure of crime, criminal law.
DEGTYAREV M.V. Degtyarev M.V. – (Law)
Review of foreign experience in the application of the experimental approach in legislation
Страницы / Pages: 42-48
Аннотация / Annotation:
The article is devoted to an analytical review of foreign acts and documents on the application of the experimental approach in legal regulation. The author refers to the legislation of Germany, the Netherlands, Finland, France, Switzerland. The article concludes that abroad there is a trend of more and more active use of experimental legislation.
Ключевые слова / Keywords:
legislative activity, regulatory technologies, experimental legal regime, experimental legislation, theory of law, administrative law.
Аннотация / Annotation:
The article is devoted to an analytical review of foreign acts and documents on the application of the experimental approach in legal regulation. The author refers to the legislation of Germany, the Netherlands, Finland, France, Switzerland. The article concludes that abroad there is a trend of more and more active use of experimental legislation.
Ключевые слова / Keywords:
legislative activity, regulatory technologies, experimental legal regime, experimental legislation, theory of law, administrative law.
CHERVYAKOVSKY A.V. Chervyakovsky A.V. – candidate of laws, docent
Law on Normative Legal Acts: Experience of the Near Abroad States
Страницы / Pages: 49-55
Аннотация / Annotation:
Laws on normative legal acts are in force in individual constituent entities of the Russian Federation and in a number of neighboring states. The author of the article carried out a comparative legal study of laws on regulatory legal acts of ten states of the near abroad. The general, distinctive and special features of these laws (in structure, subject of legal regulation, enshrined in legislative definitions) have been identified.
Ключевые слова / Keywords:
normative legal act, law on normative legal acts, legislation, lawmaking.
Аннотация / Annotation:
Laws on normative legal acts are in force in individual constituent entities of the Russian Federation and in a number of neighboring states. The author of the article carried out a comparative legal study of laws on regulatory legal acts of ten states of the near abroad. The general, distinctive and special features of these laws (in structure, subject of legal regulation, enshrined in legislative definitions) have been identified.
Ключевые слова / Keywords:
normative legal act, law on normative legal acts, legislation, lawmaking.
LEDNEV A.I. Lednev A.I. – candidate of law
Legal regulation of scientific works in the light of copyright on the example of Polish legislation
Страницы / Pages: 56-62
Аннотация / Annotation:
The article describes the mechanism of recognition of the results of creative activity of scientists, university teachers as an object of copyright, considers the legal problems arising from the creation and use of these objects, analyzes the norms of international and Polish legislation on this issue.
Ключевые слова / Keywords:
scientific work, intellectual property, copyright, multimedia product, object.
Аннотация / Annotation:
The article describes the mechanism of recognition of the results of creative activity of scientists, university teachers as an object of copyright, considers the legal problems arising from the creation and use of these objects, analyzes the norms of international and Polish legislation on this issue.
Ключевые слова / Keywords:
scientific work, intellectual property, copyright, multimedia product, object.
IDRISHEVA S.K. Idrisheva S.K. – doctor of law, associate Professor
SOKOLSKAYA L.V. Sokolskaya L.V. – candidate of law, associate Professor
Features of termination of contractual relations between tourists and tour operators in the conditions of the pandemic under the legislation of Russia and Kazakhstan
Страницы / Pages: 63-69
Аннотация / Annotation:
Based on an analysis of Russian and Kazakh legislation, the article reveals the differences in the qualifications of an emergency situation in the Russian Federation and the Republic of Kazakhstan, its differences from a state of emergency, and also outlines the legal consequences of the forced termination of contractual relations between tourists and travel agents in the context of a coronavirus pandemic.
Ключевые слова / Keywords:
legal regulation, tourist services, pandemic, contract for paid provision of tourist services, force majeure circumstances.
PROFESSIONAL EDUCATIONАннотация / Annotation:
Based on an analysis of Russian and Kazakh legislation, the article reveals the differences in the qualifications of an emergency situation in the Russian Federation and the Republic of Kazakhstan, its differences from a state of emergency, and also outlines the legal consequences of the forced termination of contractual relations between tourists and travel agents in the context of a coronavirus pandemic.
Ключевые слова / Keywords:
legal regulation, tourist services, pandemic, contract for paid provision of tourist services, force majeure circumstances.
NAUMKINA V.V. Naumkina V.V. – doctor of law, associate Professor
Practice-oriented approach to training lawyers
Страницы / Pages: 70-75
Аннотация / Annotation:
The requirements of modernization of Higher Education is induced by sharp fall the level of final-year students’ preparation and growing of the standards to professional training of specialist. The article discusses the features of using a practice-oriented approach in the training of lawyers. The analysis of the use of a practice-oriented approach is carried out from the point of view of the organization of the educational process and the content position.
Ключевые слова / Keywords:
higher education, legal education, personnel of higher school, practice-oriented approach.
Аннотация / Annotation:
The requirements of modernization of Higher Education is induced by sharp fall the level of final-year students’ preparation and growing of the standards to professional training of specialist. The article discusses the features of using a practice-oriented approach in the training of lawyers. The analysis of the use of a practice-oriented approach is carried out from the point of view of the organization of the educational process and the content position.
Ключевые слова / Keywords:
higher education, legal education, personnel of higher school, practice-oriented approach.
GRYAZNOV S.A. Gryaznov S.A. – PhD, associate Professor
Problems of lawyers in the era of globalization
Страницы / Pages: 76-83
Аннотация / Annotation:
The processes of globalization make significant changes in the development of society, including the uncertainty from which the problem of responsibility distribution arises. The author presents suggestions for possible adjustments to legal education, as well as a description of the problems of doubt and responsibility inherent in the legal profession. The conclusion is made about how legal education should prepare its students for professional life in the new era.
Ключевые слова / Keywords:
lawyers, globalization, globalization of law, doubts, distribution of responsibility.
Аннотация / Annotation:
The processes of globalization make significant changes in the development of society, including the uncertainty from which the problem of responsibility distribution arises. The author presents suggestions for possible adjustments to legal education, as well as a description of the problems of doubt and responsibility inherent in the legal profession. The conclusion is made about how legal education should prepare its students for professional life in the new era.
Ключевые слова / Keywords:
lawyers, globalization, globalization of law, doubts, distribution of responsibility.
SULTANOVA V.R. Sultanova V.R. – candidate of pedagogical Sciences
MUNAVIROVA L.R. Munavirova L.R. – candidate of pedagogical sciences
Monitoring of employers ‘ satisfaction with the quality of training of sports university graduates
Страницы / Pages: 84-92
Аннотация / Annotation:
This article discusses the role of monitoring employers ‘ satisfaction with the level of training of University graduates. The authors analyzed the results of employers ‘ satisfaction with the level of theoretical and practical training of sports University graduates, the formation of their competencies. The study revealed the requirements of employers for graduates. Management decisions are presented within the framework of a sports university aimed at more effective quality management of the educational process.
Ключевые слова / Keywords:
higher education, monitoring the quality of education, employers, the labor market in the field of physical education and sports, a university graduate, the competencies of graduates, the interaction of the university with employers.
WE DISCUSS THE PROBLEMАннотация / Annotation:
This article discusses the role of monitoring employers ‘ satisfaction with the level of training of University graduates. The authors analyzed the results of employers ‘ satisfaction with the level of theoretical and practical training of sports University graduates, the formation of their competencies. The study revealed the requirements of employers for graduates. Management decisions are presented within the framework of a sports university aimed at more effective quality management of the educational process.
Ключевые слова / Keywords:
higher education, monitoring the quality of education, employers, the labor market in the field of physical education and sports, a university graduate, the competencies of graduates, the interaction of the university with employers.
SOLOVEV S.G. Solovev S.G. – Doctor of Juridical Science, Professor
Legal aspects of transformation of mechanisms of direct municipal democracy in modern information realities
Страницы / Pages: 93-99
Аннотация / Annotation:
The paper analyzes the key problematic legal issues of the theory and practice of functioning of mechanisms for adjusting the results of municipal residents expression of will in local elections in modern information realities. In order to adapt Russian legislation to rapidly changing circumstances in this area, the study suggests a set of legal measures aimed at improving the content of the analyzed legal structures.
Ключевые слова / Keywords:
local self-government, mechanisms for correcting the expression of will, recall of a municipal deputy, recall of a voters vote.
Аннотация / Annotation:
The paper analyzes the key problematic legal issues of the theory and practice of functioning of mechanisms for adjusting the results of municipal residents expression of will in local elections in modern information realities. In order to adapt Russian legislation to rapidly changing circumstances in this area, the study suggests a set of legal measures aimed at improving the content of the analyzed legal structures.
Ключевые слова / Keywords:
local self-government, mechanisms for correcting the expression of will, recall of a municipal deputy, recall of a voters vote.
KISELEV A.S. Kiselev A.S. – candidate of law
SILIN D.V.
Silin D.V.
–
Features of compensation for damage caused by the fall of a meteorite or other natural space body
Страницы / Pages: 100-110
Аннотация / Annotation:
This article deals with the problems of compensation for damage caused by a meteorite fall. The subject of this article is the consideration of the grounds and procedure for compensation for damage caused to the property of individuals and legal entities by the fall of a meteorite or any other natural space body, for example, a comet, a car, etc.
Ключевые слова / Keywords:
civil law, damages, torts, meteorite, property damage, natural space body, natural disasters, natural phenomena, meteorite fall, compensation for damage.
Аннотация / Annotation:
This article deals with the problems of compensation for damage caused by a meteorite fall. The subject of this article is the consideration of the grounds and procedure for compensation for damage caused to the property of individuals and legal entities by the fall of a meteorite or any other natural space body, for example, a comet, a car, etc.
Ключевые слова / Keywords:
civil law, damages, torts, meteorite, property damage, natural space body, natural disasters, natural phenomena, meteorite fall, compensation for damage.
REZER T.M. Rezer T.M. – Doctor of Education, Professor
Organizational and legal basis of children’s self-government in Russia
Страницы / Pages: 111-119
Аннотация / Annotation:
The historical and legal approach allowed us to analyze the legal and theoretical foundations of the organization of children’s self-government in Russia. As a result, the periods of development of children’s self – government are identified: pre-revolutionary, Soviet (early and late stages) and post-Soviet; the historical forms of organization of children’s self-government are defined: regulatory-administrative, constructive-ideological, organizational-legal and professionally organized.
Ключевые слова / Keywords:
children’s self-government in Russia, development, history and legal support of the organization of children’s self-government, periods and forms of children’s self-government.
SCIENTIFIC DEBUTАннотация / Annotation:
The historical and legal approach allowed us to analyze the legal and theoretical foundations of the organization of children’s self-government in Russia. As a result, the periods of development of children’s self – government are identified: pre-revolutionary, Soviet (early and late stages) and post-Soviet; the historical forms of organization of children’s self-government are defined: regulatory-administrative, constructive-ideological, organizational-legal and professionally organized.
Ключевые слова / Keywords:
children’s self-government in Russia, development, history and legal support of the organization of children’s self-government, periods and forms of children’s self-government.
ZERNOV I.V. Zernov I.V. – graduate student
Implementation of the constitutional legal personality of public legal entities (on the example of the Russian Federation)
Страницы / Pages: 120-127
Аннотация / Annotation:
A comprehensive study of the constitutional legal personality of public legal entities in the Russian Federation is presented. The theoretical and legal features of the legal personality of the state, subjects of the state and municipalities as participants in public relations are studied. Approaches to determining the content of the constitutional legal personality of public legal entities are formulated.
Ключевые слова / Keywords:
public legal education, the Russian Federation, a constituent entity of the Russian Federation, municipal union.
Аннотация / Annotation:
A comprehensive study of the constitutional legal personality of public legal entities in the Russian Federation is presented. The theoretical and legal features of the legal personality of the state, subjects of the state and municipalities as participants in public relations are studied. Approaches to determining the content of the constitutional legal personality of public legal entities are formulated.
Ключевые слова / Keywords:
public legal education, the Russian Federation, a constituent entity of the Russian Federation, municipal union.
KORNEEVA O.D. Korneeva O.D. – postgraduate
The problem of forming management competence
Страницы / Pages: 128-132
Аннотация / Annotation:
The author substantiates the idea that the managerial competence of a graduate is formed through the managerial competencies acquired in the process of studying at the university. The importance of using information technologies necessary for further work in this area is emphasized. In conclusion, the author comes to the conclusion that it is possible to solve the problem of the formation of managerial competence in students in several ways while studying at the university.
Ключевые слова / Keywords:
manager, management, competence, competencies, managerial competence, managerial competencies, specialist, graduate.
Аннотация / Annotation:
The author substantiates the idea that the managerial competence of a graduate is formed through the managerial competencies acquired in the process of studying at the university. The importance of using information technologies necessary for further work in this area is emphasized. In conclusion, the author comes to the conclusion that it is possible to solve the problem of the formation of managerial competence in students in several ways while studying at the university.
Ключевые слова / Keywords:
manager, management, competence, competencies, managerial competence, managerial competencies, specialist, graduate.