Право и образование
№ 04 • 2019
SCIENCE AND EDUCATION
PAVLICHENKO N.V. Pavlichenko N.V. – Doctor of Law, Professor
LAPIN V.O. Lapin V.O. – Cand. Sc. (Law), Associate Professor
VASILCHENKO A.A. Vasilchenko A.A. – Cand. Sc. (Law), Associate Professor
Prospects for the use of scientific project management methods in educational and scientific organizations of the system of the Ministry of internal affairs of Russia
Страницы / Pages: 4-14
Аннотация / Annotation:
Ключевые слова / Keywords:
scientific project, Agile, Scrum, project management, research work, dissertational research, scientific and representative event, scientific support in the system of the Ministry of Internal Affairs of Russia.
Аннотация / Annotation:
Ключевые слова / Keywords:
scientific project, Agile, Scrum, project management, research work, dissertational research, scientific and representative event, scientific support in the system of the Ministry of Internal Affairs of Russia.
ESIKOVA T.V. Esikova T.V. – candidate of pedagogical Sciences, associate Professor
FEDOROVA G.G. Fedorova G.G. – candidate of pedagogical Sciences, associate Professor
Development of legal consciousness among University students
Страницы / Pages: 15-26
Аннотация / Annotation:
The article discusses the theoretical foundations of legal consciousness in terms of psychology and pedagogy. An empirical study is described that reveals the students’ legal ideas and the peculiarities of the development of legal consciousness. It is revealed that it is possible to form a positive attitude towards justice of the personality of a student in an educational environment. Testing found that young people have conflicting positions towards to law and morality. Personal characteristics of young people are identified and influence on development of legal consciousness.
Ключевые слова / Keywords:
justice, human rights, personality, legal consciousness, legal ideas, diagnostics of the level of development of legal consciousness.
Аннотация / Annotation:
The article discusses the theoretical foundations of legal consciousness in terms of psychology and pedagogy. An empirical study is described that reveals the students’ legal ideas and the peculiarities of the development of legal consciousness. It is revealed that it is possible to form a positive attitude towards justice of the personality of a student in an educational environment. Testing found that young people have conflicting positions towards to law and morality. Personal characteristics of young people are identified and influence on development of legal consciousness.
Ключевые слова / Keywords:
justice, human rights, personality, legal consciousness, legal ideas, diagnostics of the level of development of legal consciousness.
MATVEYEVA A.G. Matveyeva A.G. – undergraduate
TAYMASOV A.R. Taymasov A.R. – candidate of economic sciences
Normative-legal regulation of the sphere of educational services of preschool education
Страницы / Pages: 27-31
Аннотация / Annotation:
The article investigates some aspects of the legal regulation of the sphere of educational services of preschool education. The authors analyze the current system of legal regulation of the studied sphere. Particular attention is paid to the need to regulate at the legislative level the conditions for the issuance of the document of the state sample on the completion of pre-school education. The problems of improving the system of preschool education are revealed.
Ключевые слова / Keywords:
pre-school education, legal regulation, methods of pre-school education.
PROFESSIONAL EDUCATIONАннотация / Annotation:
The article investigates some aspects of the legal regulation of the sphere of educational services of preschool education. The authors analyze the current system of legal regulation of the studied sphere. Particular attention is paid to the need to regulate at the legislative level the conditions for the issuance of the document of the state sample on the completion of pre-school education. The problems of improving the system of preschool education are revealed.
Ключевые слова / Keywords:
pre-school education, legal regulation, methods of pre-school education.
VLADIMIROVA O.A. Vladimirova O.A. – candidate of jurisprudence
KONOVALCHUK M.V. Konovalchuk M.V. – candidate of jurisprudence
Legal clinic in the departmental higher education institutions of FSIN Russia: the need for unification
Страницы / Pages: 32-38
Аннотация / Annotation:
The authors made an analysis of the work of legal clinics of departmental universities on the basis of an intercollegiate seminar held on this topic and made suggestions to improve the efficiency of certain aspects of work. In particular, the authors concluded that it is necessary to develop a model clause on legal clinics taking into account the specifics of their work.
Ключевые слова / Keywords:
legal clinic, clinical education, free legal assistance.
Аннотация / Annotation:
The authors made an analysis of the work of legal clinics of departmental universities on the basis of an intercollegiate seminar held on this topic and made suggestions to improve the efficiency of certain aspects of work. In particular, the authors concluded that it is necessary to develop a model clause on legal clinics taking into account the specifics of their work.
Ключевые слова / Keywords:
legal clinic, clinical education, free legal assistance.
TARATUTA G.A. Taratuta G.A. – candidate of pedagogical Sciences, associate Professor
Аspects of the technology of forming professional competence in the education of future lawyers
Страницы / Pages: 39-46
Аннотация / Annotation:
RETRACTION: Date of retraction: 03.11.2020 Reason for retraction: Duplication of the publication in several editions Additional information on the reasons for retraction: Withdrawal of the publication is due to the identification of a publication with a large volume of duplicate material: G.A. Taratuta Some aspects of the technology of forming professional competence in the process of training future lawyers // Modern higher school: an innovative aspect. 2018.Vol. 10.No. 4 (42). S. 85-93 ..
Ключевые слова / Keywords:
Аннотация / Annotation:
RETRACTION: Date of retraction: 03.11.2020 Reason for retraction: Duplication of the publication in several editions Additional information on the reasons for retraction: Withdrawal of the publication is due to the identification of a publication with a large volume of duplicate material: G.A. Taratuta Some aspects of the technology of forming professional competence in the process of training future lawyers // Modern higher school: an innovative aspect. 2018.Vol. 10.No. 4 (42). S. 85-93 ..
Ключевые слова / Keywords:
KOZHEVNIKOV V.V. Kozhevnikov V.V. – doctor of law, Professor
To the problem of the quality of educational literature in jurisprudence
Страницы / Pages: 47-59
Аннотация / Annotation:
In this work, emphasizing the need for high-quality literature on jurisprudence, attention is drawn to the tendency that the relevant literature, the use of which in preparation for seminars and practical exercises, tests and exams, lays the foundation for the legal profession, does not meet the requirements of both substantive and formal
Ключевые слова / Keywords:
jurisprudence, theory of state and law, quality, legal education, culture, design, contradictions.
HOT TOPICАннотация / Annotation:
In this work, emphasizing the need for high-quality literature on jurisprudence, attention is drawn to the tendency that the relevant literature, the use of which in preparation for seminars and practical exercises, tests and exams, lays the foundation for the legal profession, does not meet the requirements of both substantive and formal
Ключевые слова / Keywords:
jurisprudence, theory of state and law, quality, legal education, culture, design, contradictions.
STANKEVICH G.V. Stankevich G.V. – Doctor of Political Sciences, PhD in Law, Associate Professor
KUDINOV V.V. Kudinov V.V. – Candidate of Pedagogical Sciences
Liability of the management bodies as a legal form of corporate control
Страницы / Pages: 60-67
Аннотация / Annotation:
The article analyzes some aspects of the Institute of responsibility of management bodies of economic entities and draws attention to the fact that the changes in the current civil legislation significantly tightened the responsibility of members of management bodies.
Ключевые слова / Keywords:
joint-stock company, Corporation, beneficiary, minority shareholder, investor, legal entity, control, responsibility, management body, losses.
Аннотация / Annotation:
The article analyzes some aspects of the Institute of responsibility of management bodies of economic entities and draws attention to the fact that the changes in the current civil legislation significantly tightened the responsibility of members of management bodies.
Ключевые слова / Keywords:
joint-stock company, Corporation, beneficiary, minority shareholder, investor, legal entity, control, responsibility, management body, losses.
ROMANOV A.N. Romanov A.N. – candidate of law sciences, associate professor
CHUDINOVSKIKH M.V. Chudinovskikh M.V. – candidate of law sciences, associate professor
Legal guarantees of youth employment in modern Russia
Страницы / Pages: 68-73
Аннотация / Annotation:
In the context of globalization, comparative studies are of great importance, as a result of which it is possible to single out the general and particular in the development of processes for securing the employment of young people. Within the framework of this article, an analysis of Russian legislation that regulates the work of young people, as well as the experience of the Republic of Belarus, is conducted. According to the results of the study, proposals are formulated to improve Russian legislation, including in terms of quoting jobs for young people.
Ключевые слова / Keywords:
labor, employment, youth, quoting, rights, guarantees, realization.
Аннотация / Annotation:
In the context of globalization, comparative studies are of great importance, as a result of which it is possible to single out the general and particular in the development of processes for securing the employment of young people. Within the framework of this article, an analysis of Russian legislation that regulates the work of young people, as well as the experience of the Republic of Belarus, is conducted. According to the results of the study, proposals are formulated to improve Russian legislation, including in terms of quoting jobs for young people.
Ключевые слова / Keywords:
labor, employment, youth, quoting, rights, guarantees, realization.
KRAPIVA I.I. Krapiva I.I. – PhD in Law
PRUDNIKOVA I.V.
Prudnikova I.V.
–
Protection of the constitutional rights of citizens in the operational-search activity
Страницы / Pages: 74-79
Аннотация / Annotation:
The article states that the law «On ORD» establishes a list of constitutional rights and freedoms of a person and citizen, which are affected by the conduct of operational-search measures, establishes the degree, conditions and procedure for their restriction. Also, the law «On ORD» establishes the right of a person and a citizen to the secrecy of computer information arising from the constitutional rights of a person and citizen to privacy, personal and family secrets.
Ключевые слова / Keywords:
operational-investigative activity, getting computer-base data, secret of computer information.
Аннотация / Annotation:
The article states that the law «On ORD» establishes a list of constitutional rights and freedoms of a person and citizen, which are affected by the conduct of operational-search measures, establishes the degree, conditions and procedure for their restriction. Also, the law «On ORD» establishes the right of a person and a citizen to the secrecy of computer information arising from the constitutional rights of a person and citizen to privacy, personal and family secrets.
Ключевые слова / Keywords:
operational-investigative activity, getting computer-base data, secret of computer information.
OBLASHCHIKOVA I.R. Oblashchikova I.R. – candidate of technical Sciences
ZHDANOVA M.Y.
Zhdanova M.Y.
–
The formation of personnel reserve of the organization: features, phases of work
Страницы / Pages: 80-85
Аннотация / Annotation:
The article deals with the problem of formation of the personnel reserve of the organization, reveals the mechanism and features of the implementation of this work in relation to modern conditions.
Ключевые слова / Keywords:
personnel reserve, model of formation of personnel reserve, stages of work with reserve.
Аннотация / Annotation:
The article deals with the problem of formation of the personnel reserve of the organization, reveals the mechanism and features of the implementation of this work in relation to modern conditions.
Ключевые слова / Keywords:
personnel reserve, model of formation of personnel reserve, stages of work with reserve.
PEVTSOVA N.S.
Pevtsova N.S.
–
Stability of the Constitution of the Russian Federation: Do we need reforms?
Страницы / Pages: 86-92
Аннотация / Annotation:
The main purpose of the study was to identify the features of the implementation of the provisions of the Constitution of the Russian Federation in the legal practice of the beginning of the XXI century to determine the stability of the basic law of the state. The author used the methods of analysis, legal comparative studies and the sociology of law.
Ключевые слова / Keywords:
stability, constitution, value model of the constitution, norms of the Constitution.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The main purpose of the study was to identify the features of the implementation of the provisions of the Constitution of the Russian Federation in the legal practice of the beginning of the XXI century to determine the stability of the basic law of the state. The author used the methods of analysis, legal comparative studies and the sociology of law.
Ключевые слова / Keywords:
stability, constitution, value model of the constitution, norms of the Constitution.
PROTAS E.V. Protas E.V. – doctor of pedagogical Sciences, PhD (Law), Professor
DEMENKOV S.A.
Demenkov S.A.
–
Features of the conclusion of the state contract in the sphere of purchases of goods, works, services
Страницы / Pages: 93-99
Аннотация / Annotation:
The article examines the impact of the provisions of civil law on the procedure of concluding a state contract.
Ключевые слова / Keywords:
conclusion of the contract; electronic procedure; public procurement; rights and obligations of the bidder and the customer.
Аннотация / Annotation:
The article examines the impact of the provisions of civil law on the procedure of concluding a state contract.
Ключевые слова / Keywords:
conclusion of the contract; electronic procedure; public procurement; rights and obligations of the bidder and the customer.
ANTONOV A.A.
Antonov A.A.
–
Restriction of vindication as the main mechanism of protection of a bona fide purchaser
Страницы / Pages: 100-107
Аннотация / Annotation:
The author points out that when considering disputes about property collection, in which the issue of the bona fide acquisition of property is being resolved, instead of establishing the presence or absence of the owner’s will to lose ownership of an immovable thing, the courts consider the fact of entering into a contract without the owner’s consent sufficient for claiming the property. The article discusses the basic conditions of real estate vindication, analyzes the problems of protecting the rights of a bona fide purchaser.
Ключевые слова / Keywords:
fair acquisition of property, vindication and restitution, acquisitive prescription.
Аннотация / Annotation:
The author points out that when considering disputes about property collection, in which the issue of the bona fide acquisition of property is being resolved, instead of establishing the presence or absence of the owner’s will to lose ownership of an immovable thing, the courts consider the fact of entering into a contract without the owner’s consent sufficient for claiming the property. The article discusses the basic conditions of real estate vindication, analyzes the problems of protecting the rights of a bona fide purchaser.
Ключевые слова / Keywords:
fair acquisition of property, vindication and restitution, acquisitive prescription.
EFREMOVA O.S. Efremova O.S. – PhD in law
GORBAN’ D.V. Gorban’ D.V. – PhD in law
Recurrent crime and measures for its prevention at the present stage of development of Russia
Страницы / Pages: 108-116
Аннотация / Annotation:
Recidivism is a type of common crime. This type of crime is characterized by a number of its specific features. In this regard, the study of recidivism and measures to prevent it is quite an urgent topic in criminological science. The authors of this article have attempted a comprehensive analysis of recidivism in four main areas included in the subject of criminology.
Ключевые слова / Keywords:
recurrent crime; crime prevention; the identity of the offender, persistent offender, determinants of crime; social adaptation; penal crime.
Аннотация / Annotation:
Recidivism is a type of common crime. This type of crime is characterized by a number of its specific features. In this regard, the study of recidivism and measures to prevent it is quite an urgent topic in criminological science. The authors of this article have attempted a comprehensive analysis of recidivism in four main areas included in the subject of criminology.
Ключевые слова / Keywords:
recurrent crime; crime prevention; the identity of the offender, persistent offender, determinants of crime; social adaptation; penal crime.
MIRONENKO S.YU. Mironenko S.Yu. – candidate of legal sciences
General characteristics of economic crimes in the coal industry
Страницы / Pages: 117-123
Аннотация / Annotation:
The problems of countering economic crimes in the coal industry are complex and multifaceted, are interdisciplinary in nature and in their study involve the use of a number of scientific methods. The article explores the concept of economic crimes in the coal industry and the timely organization of measures to counter crime in the coal industry. It justifies the need to protect the coal industry enterprises from criminal encroachment by law enforcement agencies.
Ключевые слова / Keywords:
economic crimes in the coal industry, criminological characteristics.
Аннотация / Annotation:
The problems of countering economic crimes in the coal industry are complex and multifaceted, are interdisciplinary in nature and in their study involve the use of a number of scientific methods. The article explores the concept of economic crimes in the coal industry and the timely organization of measures to counter crime in the coal industry. It justifies the need to protect the coal industry enterprises from criminal encroachment by law enforcement agencies.
Ключевые слова / Keywords:
economic crimes in the coal industry, criminological characteristics.
SHEVCHENKO O.V. Shevchenko O.V. – candidate of philosophical sciences
Continuity of spiritual traditions Russian society and army
Страницы / Pages: 124-127
Аннотация / Annotation:
In work the main structural components and vectors of historical continuity of spiritual traditions of the Russian society and army reveal. The author proves the idea about historical continuity of this spiritual phenomenon as movements in life of the society of the socially important experience based on mentality of the people.
Ключевые слова / Keywords:
historical continuity, mentality, traditions, spiritual traditions, modern Russian society, army.
Аннотация / Annotation:
In work the main structural components and vectors of historical continuity of spiritual traditions of the Russian society and army reveal. The author proves the idea about historical continuity of this spiritual phenomenon as movements in life of the society of the socially important experience based on mentality of the people.
Ключевые слова / Keywords:
historical continuity, mentality, traditions, spiritual traditions, modern Russian society, army.
SAPOGOV V.M. Sapogov V.M. – Candidate of Legal Sciences, Associate Professor
The organization of education of minor offenders in the conditions of isolation from society with the support on spiritual and moral values
Страницы / Pages: 128-135
Аннотация / Annotation:
In article the analysis of the factors making direct impact on socialization of minors in places of detention and the directions of the organization of educational work with a support on Christian values is given, the conclusion about a role of personnel of educational institutions of the closed type in activities for increase in spiritual and moral stability of minor offenders is drawn.
Ключевые слова / Keywords:
education, minor offenders, spiritual and moral value, educational institutions of the closed type.
PAGES OF HISTORYАннотация / Annotation:
In article the analysis of the factors making direct impact on socialization of minors in places of detention and the directions of the organization of educational work with a support on Christian values is given, the conclusion about a role of personnel of educational institutions of the closed type in activities for increase in spiritual and moral stability of minor offenders is drawn.
Ключевые слова / Keywords:
education, minor offenders, spiritual and moral value, educational institutions of the closed type.
DANILOVA L.N. Danilova L.N. – Doctor of Pedagogical Sciences, associate professor
The right to teacher’s work: the history of women in the teacher profession in Germany
Страницы / Pages: 136-148
Аннотация / Annotation:
In most countries of the world, the number of female teachers in the XXI century has exceeded in comparison to male teachers, while in Europe and Russia due to size of that gap there is a stereotype calling the teaching profession “female”, although first secular female teachers in the region appeared only between the 18th and the 19th centuries. The article analyzes the complex process of establishing of women in the teacher profession in Germany, adaptation in the state educational system and the emergence of female teacher education.
Ключевые слова / Keywords:
female teachers, teacher profession, history of education, teacher education in Germany, social discrimination, feminization of the profession, women’s education.
Аннотация / Annotation:
In most countries of the world, the number of female teachers in the XXI century has exceeded in comparison to male teachers, while in Europe and Russia due to size of that gap there is a stereotype calling the teaching profession “female”, although first secular female teachers in the region appeared only between the 18th and the 19th centuries. The article analyzes the complex process of establishing of women in the teacher profession in Germany, adaptation in the state educational system and the emergence of female teacher education.
Ключевые слова / Keywords:
female teachers, teacher profession, history of education, teacher education in Germany, social discrimination, feminization of the profession, women’s education.
DOLAKOVA M.I. Dolakova M.I. – Candidate of historical Sciences, associate Professor
Financial activities of municipal authorities in the Russian Empire of the last third of the XIX century (on the example of Kazan)
Страницы / Pages: 149-154
Аннотация / Annotation:
The article reveals the main directions of financial activity of Kazan city self-government bodies in the last third of the XIX century. The interrelation of this activity with the financial policy of the state and the current legislation is shown. It is concluded that there is a direct relationship between government policy in the field of economy and Finance and urban development.
Ключевые слова / Keywords:
financial policy, financial activity, Russian Empire, government, Kazan.
Аннотация / Annotation:
The article reveals the main directions of financial activity of Kazan city self-government bodies in the last third of the XIX century. The interrelation of this activity with the financial policy of the state and the current legislation is shown. It is concluded that there is a direct relationship between government policy in the field of economy and Finance and urban development.
Ключевые слова / Keywords:
financial policy, financial activity, Russian Empire, government, Kazan.
KOCHADZE D.V. Kochadze D.V. – candidate of historical Sciences
Improvement of management activities of commanders and staffs experience the great patriotic war of 1941–1945.
Страницы / Pages: 155-161
Аннотация / Annotation:
In article on an example of a number of documents of the Rate of VGK, the People’s Commissar of defense and the General staff features of opening and elimination of shortcomings of activity of commanders and staffs on a wide range of questions of management of troops during the war are investigated.
Ключевые слова / Keywords:
command and control, Directive, Stavka, the General staff, front and army.
Аннотация / Annotation:
In article on an example of a number of documents of the Rate of VGK, the People’s Commissar of defense and the General staff features of opening and elimination of shortcomings of activity of commanders and staffs on a wide range of questions of management of troops during the war are investigated.
Ключевые слова / Keywords:
command and control, Directive, Stavka, the General staff, front and army.
SUETIN I.N. Suetin I.N. – candidate of pedagogical Sciences
Administrative-territorial reform of the 1920s as a factor in the development of national systems of musical vocational education of the peoples of the Volga region (on the example of the Chuvash Republic)
Страницы / Pages: 162-167
Аннотация / Annotation:
The article discusses the features of the formation and development of the system of musical vocational education in the Chuvash Republic as a result of obtaining the status of national autonomy by this territory (consolidation of national music and pedagogical personnel, expansion of the network of musical institutions, the creation of professional concert organizations).
Ключевые слова / Keywords:
history, administrative and territorial reform, the system of musical vocational education.
Аннотация / Annotation:
The article discusses the features of the formation and development of the system of musical vocational education in the Chuvash Republic as a result of obtaining the status of national autonomy by this territory (consolidation of national music and pedagogical personnel, expansion of the network of musical institutions, the creation of professional concert organizations).
Ключевые слова / Keywords:
history, administrative and territorial reform, the system of musical vocational education.