Право и образование
№ 03 • 2023
THEORY QUESTIONS
TURANIN V.YU. Turanin V.Yu. – Doctor of Law, Professor
NESTERENKO V.V. Nesterenko V.V. –
Preemptive right: problems of interpretation
Страницы / Pages: 4-9
Аннотация / Annotation:
The article analyzes approaches to the interpretation of the pre-emptive right through the prism of use in various regulatory legal acts. The possibilities of defining its legal nature as a subjective right are explored, the place in the system of legal advantages is individualized. The authors indicate the prospect of developing a universal definition of preemptive right, its subsequent legal consolidation and testing in the course of law enforcement. An own version of the interpretation of the legal term “preferential right” is proposed.
Ключевые слова / Keywords:
right, advantage, preemptive right, legal advantage, subjective right, interpretation.
Аннотация / Annotation:
The article analyzes approaches to the interpretation of the pre-emptive right through the prism of use in various regulatory legal acts. The possibilities of defining its legal nature as a subjective right are explored, the place in the system of legal advantages is individualized. The authors indicate the prospect of developing a universal definition of preemptive right, its subsequent legal consolidation and testing in the course of law enforcement. An own version of the interpretation of the legal term “preferential right” is proposed.
Ключевые слова / Keywords:
right, advantage, preemptive right, legal advantage, subjective right, interpretation.
AKHYADOV E.S.-M. Akhyadov E.S.-M. – candidate of legal sciences
To the question of the essence of legal conflict in the theory of law
Страницы / Pages: 10-16
Аннотация / Annotation:
This article is devoted to an actual and problematic topic. The Institute of Legal Conflictology is of particular interest in the system of studying the theory of law. The authors in the article reveal the features of the legal conflict, the essence and theoretical significance. The object of research is the conflict as a phenomenon of social and legal reality. When writing the article used educational and scientific literature.
Ключевые слова / Keywords:
legal conflict, conflict theory, conflictology, theoretical features, law, phenomenon, contradiction.
Аннотация / Annotation:
This article is devoted to an actual and problematic topic. The Institute of Legal Conflictology is of particular interest in the system of studying the theory of law. The authors in the article reveal the features of the legal conflict, the essence and theoretical significance. The object of research is the conflict as a phenomenon of social and legal reality. When writing the article used educational and scientific literature.
Ключевые слова / Keywords:
legal conflict, conflict theory, conflictology, theoretical features, law, phenomenon, contradiction.
SHULAKOV A.A. Shulakov A.A. – Candidate of Law, Associate Professor
The concept of F.K. Savigny and the defense of public policy in private international law
Страницы / Pages: 17-22
Аннотация / Annotation:
The concept of public order in private international law was developed by the outstanding German lawyer F.K. Savigny. Public policy, according to this theory, is protected by positive and negative clauses derived from the public interests of this order. Attempts by some scientists to justify another exception in the application of foreign law, not indicated by F.K. Savigny, – have not received development in legislation and judicial practice (decision of the EU Court of Justice C-135/15 (2016)).
Ключевые слова / Keywords:
international private law, concept of public order, interests of public order.
MODERN EDUCATIONАннотация / Annotation:
The concept of public order in private international law was developed by the outstanding German lawyer F.K. Savigny. Public policy, according to this theory, is protected by positive and negative clauses derived from the public interests of this order. Attempts by some scientists to justify another exception in the application of foreign law, not indicated by F.K. Savigny, – have not received development in legislation and judicial practice (decision of the EU Court of Justice C-135/15 (2016)).
Ключевые слова / Keywords:
international private law, concept of public order, interests of public order.
BARTSITS I.N. Bartsits I.N. – doctor of law, professor
Legal Education: Go Ahead to the Past or Back to the Future
Страницы / Pages: 23-33
Аннотация / Annotation:
The article has relevance because it analyzes the prospects for the development of modern legal education, taking into account the influence of factors such as the needs of the modern state and society, digitalization and the growing challenges of external sanctions pressure. A distinction is made between “ritual regurgitation of the law on the books” and “critical and creative analysis of the law”, a value-based approach and an advocacy-oriented approach in training lawyers. It should become multi-level with elements of pre-university training, proper university and post-university education, such as differentiation of awarded qualifications, the establishment of modern requirements for the standards of legal professions, the introduction of state certification of legal professions and practices, the system of valid certification of practicing lawyers.
Ключевые слова / Keywords:
structure of the legal profession; legal education (structure, unity and multiplicity, fundamentality and adaptability, digitalization); “ritual regurgitation of the law on the books” vs “critical and creative analysis of the law”.
Аннотация / Annotation:
The article has relevance because it analyzes the prospects for the development of modern legal education, taking into account the influence of factors such as the needs of the modern state and society, digitalization and the growing challenges of external sanctions pressure. A distinction is made between “ritual regurgitation of the law on the books” and “critical and creative analysis of the law”, a value-based approach and an advocacy-oriented approach in training lawyers. It should become multi-level with elements of pre-university training, proper university and post-university education, such as differentiation of awarded qualifications, the establishment of modern requirements for the standards of legal professions, the introduction of state certification of legal professions and practices, the system of valid certification of practicing lawyers.
Ключевые слова / Keywords:
structure of the legal profession; legal education (structure, unity and multiplicity, fundamentality and adaptability, digitalization); “ritual regurgitation of the law on the books” vs “critical and creative analysis of the law”.
BUSHNAYA N.V. Bushnaya N.V. – candidate of law, associate Professor
KUDINOV V.V. Kudinov V.V. – candidate of Pedagogical Sciences
The potential of using artificial intelligence using methods of intelligent data analysis in education
Страницы / Pages: 34-40
Аннотация / Annotation:
The active development of digitalization is associated with technologies based on the use of artificial intelligence (Artificial Intelligence), the introduction of e-learning systems into the traditional educational process. The article examines the complexes of technological solutions, features and methods of artificial intelligence technologies, analyzes the determining factors of AI development technologies and the advantages that its use in the educational environment gives.
Ключевые слова / Keywords:
education, digital technologies, artificial intelligence, programming, educational functions.
HOT TOPICАннотация / Annotation:
The active development of digitalization is associated with technologies based on the use of artificial intelligence (Artificial Intelligence), the introduction of e-learning systems into the traditional educational process. The article examines the complexes of technological solutions, features and methods of artificial intelligence technologies, analyzes the determining factors of AI development technologies and the advantages that its use in the educational environment gives.
Ключевые слова / Keywords:
education, digital technologies, artificial intelligence, programming, educational functions.
EMELINA L.A. Emelina L.A. – Сandidate of Legal Sciences, Associate Professor
Basic principles for the protection of children’s rights in accordance with the Convention on the Rights of the Child
Страницы / Pages: 41-50
Аннотация / Annotation:
The article examines the current legal understanding of the right of children to protection from domestic violence. The rights of children are defined in accordance with the UN Convention on the rights of the child, and the basic principles of child protection are considered.
Ключевые слова / Keywords:
children, children’s rights, children’s protection, parents, guardians.
Аннотация / Annotation:
The article examines the current legal understanding of the right of children to protection from domestic violence. The rights of children are defined in accordance with the UN Convention on the rights of the child, and the basic principles of child protection are considered.
Ключевые слова / Keywords:
children, children’s rights, children’s protection, parents, guardians.
SHILOV YU.V. Shilov Yu.V. – Candidate of Law, Associate Professor
On the issue of the maintenance of public order and public safety in the new realities
Страницы / Pages: 51-56
Аннотация / Annotation:
The article examines the conceptual foundations of the category «protection of public order» in the framework of the implementation of the basic directions of state policy, analyzes the feasibility of adjusting existing approaches in interpretation. The author draws attention to the need to expand the field of scientific research of various aspects of public order protection by highlighting its additional structural elements and a systematic analysis of the activities of authorized state entities in this area.
Ключевые слова / Keywords:
public order, law and order, public safety, security, provision, regulatory regulation, national security.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article examines the conceptual foundations of the category «protection of public order» in the framework of the implementation of the basic directions of state policy, analyzes the feasibility of adjusting existing approaches in interpretation. The author draws attention to the need to expand the field of scientific research of various aspects of public order protection by highlighting its additional structural elements and a systematic analysis of the activities of authorized state entities in this area.
Ключевые слова / Keywords:
public order, law and order, public safety, security, provision, regulatory regulation, national security.
RYABOVA M.G. Ryabova M.G. – Candidate of Psychological Sciences
KHILYUK S.O. Khilyuk S.O. –
Peculiarities of interaction of police officers with persons with disabilities in social and professional spheres
Страницы / Pages: 57-64
Аннотация / Annotation:
In this article, the authors consider the features of communication with persons with disabilities of various nosologies. The problem of the fact that departmental regulatory documents do not regulate the procedure for communicating with persons with disabilities, and also put forward a proposal for the development of police officers’ communication skills with persons with disabilities.
Ключевые слова / Keywords:
persons with disabilities, communication culture, competence, police.
Аннотация / Annotation:
In this article, the authors consider the features of communication with persons with disabilities of various nosologies. The problem of the fact that departmental regulatory documents do not regulate the procedure for communicating with persons with disabilities, and also put forward a proposal for the development of police officers’ communication skills with persons with disabilities.
Ключевые слова / Keywords:
persons with disabilities, communication culture, competence, police.
KARETNIKOV K.V. Karetnikov K.V. –
KOVALEV N.S. Kovalev N.S. –
Participation of convicts serving sentences in the form of deprivation of liberty in correctional institutions in a court session via videoconferencing: organizational and legal aspect
Страницы / Pages: 65-71
Аннотация / Annotation:
The article reveals the legal and organizational aspects of the participation of convicts in videoconferencing sessions with the courts. Video conferencing allows you to quickly conduct court hearings, save resources and funds of the penal system. In the organizational sphere, it seems necessary to establish complex interaction when conducting videoconferencing of convicts with the courts, and in the legal sphere, the establishment and regulatory consolidation of the tasks of the structural units that implement this process.
Ключевые слова / Keywords:
convicts, deprivation of liberty, video conferencing, punishment, correctional institution.
Аннотация / Annotation:
The article reveals the legal and organizational aspects of the participation of convicts in videoconferencing sessions with the courts. Video conferencing allows you to quickly conduct court hearings, save resources and funds of the penal system. In the organizational sphere, it seems necessary to establish complex interaction when conducting videoconferencing of convicts with the courts, and in the legal sphere, the establishment and regulatory consolidation of the tasks of the structural units that implement this process.
Ключевые слова / Keywords:
convicts, deprivation of liberty, video conferencing, punishment, correctional institution.
SHCHEGLOVA N.N. Shcheglova N.N. –
Criminological characteristics of official crimes
Страницы / Pages: 72-79
Аннотация / Annotation:
In the article the author considers the causes and conditions of corruption offence such as: circumstances of official environment (insufficient pay, weak or authoritarian management, approval of the facts of corruption in the collective); characteristics of employees (moral instability, positive corruption example, sharp decrease of material level; presence of costly habits, interests); state of social control (lack of control of incomes and expenses, lack of their reaction to the facts of corruption in the collective).
Ключевые слова / Keywords:
abuse of office; abuse of power; abuse of power; public office; official position; mercenary intent; bribery; official forgery.
PAGES OF HISTORYАннотация / Annotation:
In the article the author considers the causes and conditions of corruption offence such as: circumstances of official environment (insufficient pay, weak or authoritarian management, approval of the facts of corruption in the collective); characteristics of employees (moral instability, positive corruption example, sharp decrease of material level; presence of costly habits, interests); state of social control (lack of control of incomes and expenses, lack of their reaction to the facts of corruption in the collective).
Ключевые слова / Keywords:
abuse of office; abuse of power; abuse of power; public office; official position; mercenary intent; bribery; official forgery.
MISHANOV S.A. Mishanov S.A. – doctor of history, professor
Internal leadership in the Bundeswehr as a concept of educational work
Страницы / Pages: 80-92
Аннотация / Annotation:
The paper examines the main issues of elaboration, development and current state of the concept of «Innere Führung» («internal leadership») in the Bundeswehr as the foundation of educational work in the armed forces of the Federal Republic of Germany at various stages of their history.
Ключевые слова / Keywords:
Germany, the Bundeswehr, history, «internal leadership», upbringing, political education, a citizen in military uniform
Аннотация / Annotation:
The paper examines the main issues of elaboration, development and current state of the concept of «Innere Führung» («internal leadership») in the Bundeswehr as the foundation of educational work in the armed forces of the Federal Republic of Germany at various stages of their history.
Ключевые слова / Keywords:
Germany, the Bundeswehr, history, «internal leadership», upbringing, political education, a citizen in military uniform
VINOGRADOV A.P. Vinogradov A.P. – PhD in history
GUZHVA D.G. Guzhva D.G. – PhD in history
The combat experience of the 415th fighter aviation regiment in the Korean War (1950–1953)
Страницы / Pages: 93-101
Аннотация / Annotation:
The article analyzes the combat experience of the 415th fighter aviation regiment in the local Korean War in 1950–1953. The results of air combats are given and the victories of soviet pilots are examined on the basis of archive data. For the first time an attempt to describe air combats with the use of jet aviation on the example of a single regiment is made.
Ключевые слова / Keywords:
415th fighter aviation regiment, local war, Korea, colonel P.F. Shevelev, air combat.
Аннотация / Annotation:
The article analyzes the combat experience of the 415th fighter aviation regiment in the local Korean War in 1950–1953. The results of air combats are given and the victories of soviet pilots are examined on the basis of archive data. For the first time an attempt to describe air combats with the use of jet aviation on the example of a single regiment is made.
Ключевые слова / Keywords:
415th fighter aviation regiment, local war, Korea, colonel P.F. Shevelev, air combat.
KLIMOV A.A. Klimov A.A. – Doctor of Historical Sciences, Associate Professor
MIGULIN S.V. Migulin S.V. – Candidate of Historical Sciences Annotation
The use of raiding detachments of the internal troops of the NKVD of the USSR in Western Ukraine in the post-war years
Страницы / Pages: 102-108
Аннотация / Annotation:
The article, based on the introduction of new archival materials into scientific circulation, reveals certain areas of application of raiding detachments of the internal troops of the NKVD of the Ukrainian district to combat Ukrainian nationalists in the post-war years. The authors pay special attention to the forms and methods of service and combat activities of the personnel of the internal troops, who ensured the successful fulfillment of the assigned combat tasks.
Ключевые слова / Keywords:
raiding party, internal troops of the NKVD, Ukrainian district, gang formation, Ukrainian nationalists.
Аннотация / Annotation:
The article, based on the introduction of new archival materials into scientific circulation, reveals certain areas of application of raiding detachments of the internal troops of the NKVD of the Ukrainian district to combat Ukrainian nationalists in the post-war years. The authors pay special attention to the forms and methods of service and combat activities of the personnel of the internal troops, who ensured the successful fulfillment of the assigned combat tasks.
Ключевые слова / Keywords:
raiding party, internal troops of the NKVD, Ukrainian district, gang formation, Ukrainian nationalists.
SUETIN I.N. Suetin I.N. – candidate of pedagogical Sciences, Associate Professor
Mechanisms for the exercise of students’ rights to education in domestic secondary educational institutions in the 1920-1930s (on the example of the musical and educational institutions of the Volga region)
Страницы / Pages: 109-118
Аннотация / Annotation:
Progressive changes in the field of education at the present stage can contribute to the understanding and implementation of the experience of the past. This study showed that in the 1920s-1930s, domestic policy was aimed at improving the mechanisms of exercising citizens’ rights to education, in particular, in secondary professional educational institutions of a musical orientation. Based on the analysis of archival documents in the work, the degree of effectiveness of these mechanisms was revealed.
Ключевые слова / Keywords:
Volga region, 1920s-1930s, exercise the right to education, secondary professional educational institutions of a musical orientation.
SCIENTIFIC TRIBUNEАннотация / Annotation:
Progressive changes in the field of education at the present stage can contribute to the understanding and implementation of the experience of the past. This study showed that in the 1920s-1930s, domestic policy was aimed at improving the mechanisms of exercising citizens’ rights to education, in particular, in secondary professional educational institutions of a musical orientation. Based on the analysis of archival documents in the work, the degree of effectiveness of these mechanisms was revealed.
Ключевые слова / Keywords:
Volga region, 1920s-1930s, exercise the right to education, secondary professional educational institutions of a musical orientation.
ULIZKO P.V. Ulizko P.V. –
The formation of the image of the enemy on the pages of the newspaper «Krasnaya Zvezda» in 1942
Страницы / Pages: 119-125
Аннотация / Annotation:
The article examines the features of the activity of the newspaper «Krasnaya Zvezda» on the formation of the image of the enemy in 1942. Based on the analysis of the newspaper’s materials, quantitative and qualitative indicators are given that characterize the experience of forming the image of the enemy by the central organ of the press at one of the most difficult stages of the Great Patriotic War.
Ключевые слова / Keywords:
propaganda, the press, the image of the enemy, the Great Patriotic War.
Аннотация / Annotation:
The article examines the features of the activity of the newspaper «Krasnaya Zvezda» on the formation of the image of the enemy in 1942. Based on the analysis of the newspaper’s materials, quantitative and qualitative indicators are given that characterize the experience of forming the image of the enemy by the central organ of the press at one of the most difficult stages of the Great Patriotic War.
Ключевые слова / Keywords:
propaganda, the press, the image of the enemy, the Great Patriotic War.