Право и образование
№ 04 • 2020
THEORY QUESTIONS
SHEIAFETDINOVA N.A. Sheiafetdinova N.A. – candidate of legal Sciences, associate Professor
ERMAKOV YE.G. Ermakov Ye.G. – сandidate of Juridacal Sciences
ZAVADSKAYA L.N. Zavadskaya L.N. – candidate of legal Sciences, associate Professor
Capital punishment through the prism of justice
Страницы / Pages: 4-11
Аннотация / Annotation:
The article is devoted to the study of the death penalty as a capital punishment, perceived by the legal consciousness. Staying a subject of continuing legal disputes and diverse legislative regulation in global legal practice, the death penalty is conceptualized consciousness, with the attendant legal factors: the adequacy of replacement of the death penalty, life imprisonment, moratorium on the death penalty, the possibility of judicial errors and the condemnation of the innocent, the possibility of applying for parole to convicted, serving life imprisonment in the context of non-exclusion of such new crimes and activation of the initiative of the referendum in relation to this measure of punishment.
Ключевые слова / Keywords:
capital punishment, death penalty, exceptional punishment, legal consciousness, legal consciousness, life imprisonment, parole, justice of punishment, humanism, moratorium on the death penalty, parole of convicts serving life imprisonment, the principle of justice of punishment, miscarriage of justice, reorientation of legal consciousness, referendum on the death penalty.
Аннотация / Annotation:
The article is devoted to the study of the death penalty as a capital punishment, perceived by the legal consciousness. Staying a subject of continuing legal disputes and diverse legislative regulation in global legal practice, the death penalty is conceptualized consciousness, with the attendant legal factors: the adequacy of replacement of the death penalty, life imprisonment, moratorium on the death penalty, the possibility of judicial errors and the condemnation of the innocent, the possibility of applying for parole to convicted, serving life imprisonment in the context of non-exclusion of such new crimes and activation of the initiative of the referendum in relation to this measure of punishment.
Ключевые слова / Keywords:
capital punishment, death penalty, exceptional punishment, legal consciousness, legal consciousness, life imprisonment, parole, justice of punishment, humanism, moratorium on the death penalty, parole of convicts serving life imprisonment, the principle of justice of punishment, miscarriage of justice, reorientation of legal consciousness, referendum on the death penalty.
KOSTYLEV Е.N. Kostylev Е.N. – candidate of philosophy, associate Professor
Theoretical and methodological grounds for forecasting the choice of employee behavior in a situation of corruption pressure
Страницы / Pages: 12-19
Аннотация / Annotation:
The article deals with the theoretical and methodological foundations of forecasting employee behavior in situations of corruption pressure on the basis of psychological analysis of internal activities for the design of choice.
Ключевые слова / Keywords:
corruption pressure, forecast, forecasting, psychological forecasting, object of forecasting, methods of forecasting, situation of corruption pressure, choice.
Аннотация / Annotation:
The article deals with the theoretical and methodological foundations of forecasting employee behavior in situations of corruption pressure on the basis of psychological analysis of internal activities for the design of choice.
Ключевые слова / Keywords:
corruption pressure, forecast, forecasting, psychological forecasting, object of forecasting, methods of forecasting, situation of corruption pressure, choice.
KOLOSOV I.V.
Kolosov I.V.
–
Dawn of legal utilitarianism: the eudemonia of democritus and epicurus
Страницы / Pages: 20-25
Аннотация / Annotation:
In this article, it is substantiated that certain prerequisites of legal utilitarianism, as a thought according to which legal activity should be carried out in accordance with the utility principle, appear in the eudemonia of Democritus and Epicurus. These philosophers connect the processes of the origin and functioning of the state, the need to ensure with the help of the law of equality and justice with human nature, which proceeds from the desire of a person to enjoy and avoid pain.
Ключевые слова / Keywords:
utilitarianism, legal utilitarianism, utility, eudemonia, Democritus, Epicurus, pleasure, happiness, pain.
EDUCATIONAL LAWАннотация / Annotation:
In this article, it is substantiated that certain prerequisites of legal utilitarianism, as a thought according to which legal activity should be carried out in accordance with the utility principle, appear in the eudemonia of Democritus and Epicurus. These philosophers connect the processes of the origin and functioning of the state, the need to ensure with the help of the law of equality and justice with human nature, which proceeds from the desire of a person to enjoy and avoid pain.
Ключевые слова / Keywords:
utilitarianism, legal utilitarianism, utility, eudemonia, Democritus, Epicurus, pleasure, happiness, pain.
KALYAK A.M. Kalyak A.M. – candidate of law sciences, associate professor
On the right to education and human rights
Страницы / Pages: 26-31
Аннотация / Annotation:
The article is devoted to the analysis of certain aspects of the most common classifications of human rights, as well as the place of the right to education among human rights. The author proposes to clarify the classification criteria for the division of human rights and freedoms, as well as the analysis of the right to education uses the terms “right-condition” and “right-means”.
Ключевые слова / Keywords:
classification of human rights and freedoms, right to education, protection of human rights and freedoms, right-means and right-condition.
Аннотация / Annotation:
The article is devoted to the analysis of certain aspects of the most common classifications of human rights, as well as the place of the right to education among human rights. The author proposes to clarify the classification criteria for the division of human rights and freedoms, as well as the analysis of the right to education uses the terms “right-condition” and “right-means”.
Ключевые слова / Keywords:
classification of human rights and freedoms, right to education, protection of human rights and freedoms, right-means and right-condition.
SAVOTCHENKO S.E. Savotchenko S.E. – Doctor of physics and mathematics science, Associate Professor
AKAP’EV V.L. Akap’ev V.L. – Candidate of Pedagogical Sciences
Regulatory aspects of the regulation of the digital educational environment
Страницы / Pages: 32-38
Аннотация / Annotation:
The legal aspects of the interaction of the information environment and the modern educational process are considered. The legal acts governing the process of informatization of educational institutions are analyzed. The main stages and prospects of legal regulation of informatization of educational institutions in Russia are revealed.
Ключевые слова / Keywords:
educational institutions, informatization, legal regulation.
Аннотация / Annotation:
The legal aspects of the interaction of the information environment and the modern educational process are considered. The legal acts governing the process of informatization of educational institutions are analyzed. The main stages and prospects of legal regulation of informatization of educational institutions in Russia are revealed.
Ключевые слова / Keywords:
educational institutions, informatization, legal regulation.
VOZNESENSKAYA-KINZEL E.I. Voznesenskaya-Kinzel E.I. – Candidate of Historical Sciences
TATARINOVA E.P. Tatarinova E.P. – Ph.D.
Correlation of the concepts «quality of education» and «quality of educational services»
Страницы / Pages: 39-44
Аннотация / Annotation:
The article considers the correlation of two legal concepts “quality of education” and “quality of educational services”, the criteria for their determination are studied. Based on the analysis of the current legislation and judicial practice, the authors come to the conclusion that these concepts are close, but not identical. If the first category lends itself to formal assessment, then the second remains largely subjective.
Ключевые слова / Keywords:
educational services, quality of education, quality of educational services, educational standards, contract on the provision of educational services, terms of the contract, quality of services.
MODERN EDUCATIONАннотация / Annotation:
The article considers the correlation of two legal concepts “quality of education” and “quality of educational services”, the criteria for their determination are studied. Based on the analysis of the current legislation and judicial practice, the authors come to the conclusion that these concepts are close, but not identical. If the first category lends itself to formal assessment, then the second remains largely subjective.
Ключевые слова / Keywords:
educational services, quality of education, quality of educational services, educational standards, contract on the provision of educational services, terms of the contract, quality of services.
TOLEUBEKOVA B.KH. Toleubekova B.Kh. – Doctor of Law, Professor
SAYLIBAEVA ZH.YU. Saylibaeva Zh.Yu. – Candidate of law
KHVEDELIDZE T.B. Khvedelidze T.B. – Candidate of Law, associate professor
TYNYBEKOVA Z.K. Tynybekova Z.K. – Master of Law
Socio-demographic factors, determining educational levels of the population Republic of Kazakhstan in modern conditions
Страницы / Pages: 45-55
Аннотация / Annotation:
Alignment of the policy in the educational sphere of Kazakhstan took place in the conditions of the strongest socio-demographic disasters. Appeal to the European model of education, its implementation in the national system required taking into account those socio-demographic factors, the negative impact of which could be overcome by applying a complex of mechanisms, including the introduction of educational services on a commercial basis, entry into the Bologna process, etc.
Ключевые слова / Keywords:
dynamics of the educational level of the population, economic development, gross enrollment ratio, the contingent of students.
Аннотация / Annotation:
Alignment of the policy in the educational sphere of Kazakhstan took place in the conditions of the strongest socio-demographic disasters. Appeal to the European model of education, its implementation in the national system required taking into account those socio-demographic factors, the negative impact of which could be overcome by applying a complex of mechanisms, including the introduction of educational services on a commercial basis, entry into the Bologna process, etc.
Ключевые слова / Keywords:
dynamics of the educational level of the population, economic development, gross enrollment ratio, the contingent of students.
IVANOV I.S. Ivanov I.S. – candidate of law sciences
Teaching financial law: problems and solutions
Страницы / Pages: 56-62
Аннотация / Annotation:
The author considers the problems of creating a methodology for teaching financial law, such as the selection and formation of competencies, the quality of educational literature, and students’ abilities. The reader is invited to the personal educational experience of the author, in particular, the main rule of teaching financial law is formulated.
Ключевые слова / Keywords:
financial law; competence; method of teaching; training of lawyers; individual learning paths.
Аннотация / Annotation:
The author considers the problems of creating a methodology for teaching financial law, such as the selection and formation of competencies, the quality of educational literature, and students’ abilities. The reader is invited to the personal educational experience of the author, in particular, the main rule of teaching financial law is formulated.
Ключевые слова / Keywords:
financial law; competence; method of teaching; training of lawyers; individual learning paths.
LABUSHEVA T.M.
Labusheva T.M.
–
YAMSKIKH T.N. Yamskikh T.N. – Candidate of Pedagogical Sciences, Associate Professor
ROMANOVSKAYA A.A.
Romanovskaya A.A.
–
Ways of increasing students’ motivation to learn a foreign language when performing learning tasks in the electronic learning environment
Страницы / Pages: 63-70
Аннотация / Annotation:
The article is devoted to the issue of increasing the motivation of programmers students to learn English by using the advanced technology “Flipped classroom” in combination with the capabilities of the global network “Internet” and the local electronic learning environment of the university, implemented on the platform “MOODLE”.
Ключевые слова / Keywords:
motivation, “Flipped classroom” methodology, activity-based approach to learning, electronic learning environment, gamification, educational resources: “youtubе”, “khanacademy.org” and “ted.com” and visualization of learning.
HOT TOPICАннотация / Annotation:
The article is devoted to the issue of increasing the motivation of programmers students to learn English by using the advanced technology “Flipped classroom” in combination with the capabilities of the global network “Internet” and the local electronic learning environment of the university, implemented on the platform “MOODLE”.
Ключевые слова / Keywords:
motivation, “Flipped classroom” methodology, activity-based approach to learning, electronic learning environment, gamification, educational resources: “youtubе”, “khanacademy.org” and “ted.com” and visualization of learning.
TALYNEV V.E. Talynev V.E. – Doctor of Sociology, Associate Professor
KIRJUSHIN A.N. Kirjushin A.N. – the candidate of philosophical sciences
KURILOV S.N. Kurilov S.N. – the candidate of military sciences
The national security strategy of the Russian Federation: directions for the correction of the structure and improvement of the content
Страницы / Pages: 71-78
Аннотация / Annotation:
The article discusses a number of directions for the correction of the structure of the National Security Strategy of the Russian Federation, as well as measures for its improvement in the framework of the main areas of society. As a result of the analysis of the existing content of the National Security Strategy of the Russian Federation, it is proposed to supplement its content with a number of areas in the spiritual, social, economic, financial, political, and also purely military spheres.
Ключевые слова / Keywords:
national security, national security forces, military-social practices, the spheres of the life of society, the National Security Strategy of the Russian Federation, directions for improving national security.
Аннотация / Annotation:
The article discusses a number of directions for the correction of the structure of the National Security Strategy of the Russian Federation, as well as measures for its improvement in the framework of the main areas of society. As a result of the analysis of the existing content of the National Security Strategy of the Russian Federation, it is proposed to supplement its content with a number of areas in the spiritual, social, economic, financial, political, and also purely military spheres.
Ключевые слова / Keywords:
national security, national security forces, military-social practices, the spheres of the life of society, the National Security Strategy of the Russian Federation, directions for improving national security.
SOLOVEV S.G. Solovev S.G. – Doctor of Juridical Science, Professor
Electronic forms of local self-government in Russia:
problems of theory and practice
Страницы / Pages: 79-86
Аннотация / Annotation:
The article is devoted to understanding the problematic issues of regulatory regulation of «it modernization» of traditional technologies of local self-government in Russia. The key theoretical and practical problems related to the content and procedural aspects of the introduction of forms of electronic democracy at the municipal level are considered. A set of legal measures aimed at improving the content of the analyzed legal structures is proposed.
Ключевые слова / Keywords:
local self-government, technologies of local self-government, forms of electronic democracy.
Аннотация / Annotation:
The article is devoted to understanding the problematic issues of regulatory regulation of «it modernization» of traditional technologies of local self-government in Russia. The key theoretical and practical problems related to the content and procedural aspects of the introduction of forms of electronic democracy at the municipal level are considered. A set of legal measures aimed at improving the content of the analyzed legal structures is proposed.
Ключевые слова / Keywords:
local self-government, technologies of local self-government, forms of electronic democracy.
ZHUIKOVA T.N. Zhuikova T.N. – PhD of historical Sciences, associate Professor
International legal bases of activity of judicial power in Russia
Страницы / Pages: 87-93
Аннотация / Annotation:
The article analyzes the international standards of justice and the degree of their implementation in the Russian legal field. It is proving that the provisions of international legislation were the basis for the formation of the status of the judiciary in the Russian Federation, as well as the construction of the procedural form of justice.
Ключевые слова / Keywords:
integration of legal systems, judicial power, international law, international standards of activity of judicial power.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article analyzes the international standards of justice and the degree of their implementation in the Russian legal field. It is proving that the provisions of international legislation were the basis for the formation of the status of the judiciary in the Russian Federation, as well as the construction of the procedural form of justice.
Ключевые слова / Keywords:
integration of legal systems, judicial power, international law, international standards of activity of judicial power.
SOLOVYEV A.A. Solovyev A.A. – doctor of science (Law)
Legal regulation of the issues of compulsory medical intervention in the state of Texas, U.S.: certain procedures used for hearing of cases
Страницы / Pages: 94-105
Аннотация / Annotation:
The article contemplates an array of procedures relevant to such intervention, i.e. protective custody; post-commitment proceedings; administration of medication to patient under court order for mental health services.
Ключевые слова / Keywords:
global experience, compulsory medical intervention, administrative and judicial proceedings, U.S., the state of Texas, protective custody, post-commitment proceedings, administration of medication to patient under court order for mental health services.
Аннотация / Annotation:
The article contemplates an array of procedures relevant to such intervention, i.e. protective custody; post-commitment proceedings; administration of medication to patient under court order for mental health services.
Ключевые слова / Keywords:
global experience, compulsory medical intervention, administrative and judicial proceedings, U.S., the state of Texas, protective custody, post-commitment proceedings, administration of medication to patient under court order for mental health services.
BARYSHEVA A.V. Barysheva A.V. – PhD. in Pedagogics
Relations towards invalid convicts and people with health disabilities within the penitentiary institution
Страницы / Pages: 106-112
Аннотация / Annotation:
The article represents the results of the poll, aimed at studying the social life peculiarities that influence the invalid convicts’ correction. The highlighted problems of relations towards invalid convicts during serving their sentence helped to formulate the tasks as well as the ways of social and pedagogical activity for officers to optimize the penitentiary institution environment.
Ключевые слова / Keywords:
an invalid convict, a person with health disabilities, imprisonment, accessible environment, correction of invalid convicts’, social and pedagogical activity.
Аннотация / Annotation:
The article represents the results of the poll, aimed at studying the social life peculiarities that influence the invalid convicts’ correction. The highlighted problems of relations towards invalid convicts during serving their sentence helped to formulate the tasks as well as the ways of social and pedagogical activity for officers to optimize the penitentiary institution environment.
Ключевые слова / Keywords:
an invalid convict, a person with health disabilities, imprisonment, accessible environment, correction of invalid convicts’, social and pedagogical activity.
GORBAN’ D.V. Gorban’ D.V. – PhD in law
Improvement of legal bases of Institute of change of a type of correctional institution condemned to imprisonment
Страницы / Pages: 113-119
Аннотация / Annotation:
The subject of scientific research in this article is the legal Institute of changing the type of correctional institution. On the basis of the research carried out in the article, the author’s concept of the institution of changing the type of correctional institution is given. The measures aimed at improving the institution of changing the type of correctional institution are proposed.
Ключевые слова / Keywords:
changing the type of correctional institution; progressive system; deprivation of liberty; convicts; correctional institution; relocation of convicts; correction criteria; prevention of crimes.
Аннотация / Annotation:
The subject of scientific research in this article is the legal Institute of changing the type of correctional institution. On the basis of the research carried out in the article, the author’s concept of the institution of changing the type of correctional institution is given. The measures aimed at improving the institution of changing the type of correctional institution are proposed.
Ключевые слова / Keywords:
changing the type of correctional institution; progressive system; deprivation of liberty; convicts; correctional institution; relocation of convicts; correction criteria; prevention of crimes.
KOMOSKO A.A. Komosko A.A. – Candidate of Law
Criminal-legal and criminological aspects of combating human trafficking
Страницы / Pages: 120-128
Аннотация / Annotation:
The article deals with the problems of combating human trafficking. The author gives the criminal-legal characteristic of the designated crimes, the judicial precedents having special value for studying of this subject are resulted. The analysis of objective and subjective signs of human trafficking is carried out on the basis of consideration of specific judicial precedents.
Ключевые слова / Keywords:
life, health, human trafficking, illegal migration, corruption, act, concealment.
Аннотация / Annotation:
The article deals with the problems of combating human trafficking. The author gives the criminal-legal characteristic of the designated crimes, the judicial precedents having special value for studying of this subject are resulted. The analysis of objective and subjective signs of human trafficking is carried out on the basis of consideration of specific judicial precedents.
Ключевые слова / Keywords:
life, health, human trafficking, illegal migration, corruption, act, concealment.
SHULAKOV A.A. Shulakov A.A. – Candidate of Law, Associate Professor
Accounting Public Interest Into Private International Law: Lessons from the American Conflict Revolution
Страницы / Pages: 129-137
Аннотация / Annotation:
The study notes that changes in the public interests of the state entail a corresponding adjustment in material and conflict norms. These changes are due both to the nature and properties of private international law, according to which it reflects the interests and policies of individual states and the fact that the public order of the state dictates the existence of both rules and exceptions in private international law.
Ключевые слова / Keywords:
private international law, American conflict of revolution, interests of public order.
PAGES OF HISTORYАннотация / Annotation:
The study notes that changes in the public interests of the state entail a corresponding adjustment in material and conflict norms. These changes are due both to the nature and properties of private international law, according to which it reflects the interests and policies of individual states and the fact that the public order of the state dictates the existence of both rules and exceptions in private international law.
Ключевые слова / Keywords:
private international law, American conflict of revolution, interests of public order.
BODROVA E.V. Bodrova E.V. – doctor of historical Sciences, Professor
KALINOV V.V. Kalinov V.V. – doctor of historical Sciences, docent
Scientific community on the essence and possible consequences of liberal reforms in the Russian Federation during the transition period
Страницы / Pages: 138-148
Аннотация / Annotation:
On the basis of archival and published materials, the problem of the reaction of leading scientists to the reforms implemented immediately after the collapse of the USSR is investigated. The conclusion is formulated that scientists precisely defined the main trends of world development, they formulated recommendations for the Russian government, predicting the possible collapse of Russia.
Ключевые слова / Keywords:
modernization, concepts, liberal reforms, scientific and technical potential, Academy of Sciences.
Аннотация / Annotation:
On the basis of archival and published materials, the problem of the reaction of leading scientists to the reforms implemented immediately after the collapse of the USSR is investigated. The conclusion is formulated that scientists precisely defined the main trends of world development, they formulated recommendations for the Russian government, predicting the possible collapse of Russia.
Ключевые слова / Keywords:
modernization, concepts, liberal reforms, scientific and technical potential, Academy of Sciences.
SHLYAKHTUNOV A.G. Shlyakhtunov A.G. – candidate of historical sciences, professor
Historical contribution to victory in the years of the Second world war
Страницы / Pages: 149-155
Аннотация / Annotation:
The article raises the question of studying the historical contribution to victory in World War II. The work examines the social, economic, military potentials of the country during the Second World War, as well as issues of interaction between the USSR and other countries. During the study, the following methods were used: chronological, systemic, structural, retrospective, comparative and statistical. The methods used allowed us to consider the tasks most effectively.
Ключевые слова / Keywords:
World War II, victory, armed forces, World War II, Red Army, military equipment, USSR, troops, enemy, losses, occupation.
Аннотация / Annotation:
The article raises the question of studying the historical contribution to victory in World War II. The work examines the social, economic, military potentials of the country during the Second World War, as well as issues of interaction between the USSR and other countries. During the study, the following methods were used: chronological, systemic, structural, retrospective, comparative and statistical. The methods used allowed us to consider the tasks most effectively.
Ключевые слова / Keywords:
World War II, victory, armed forces, World War II, Red Army, military equipment, USSR, troops, enemy, losses, occupation.