Право и образование
№ 04 • 2021
LEGAL THOUGHT
SELINA E.V. Selina E.V. – Doctor of Law, Associate Professor
The face of law enforcement: on the other side of fear
Страницы / Pages: 4-15
Аннотация / Annotation:
A set of recommendations on the organization of evidence collection is considered. The author proceeds from the concept of the possibility of solving a scientific and legal problem in a work of fiction. The conclusions are based on the artistic works of F.M. Dostoevsky, for comparison in certain aspects, the film «The Meeting Place cannot be changed» is involved in the analysis. Proposals for modern criminalistics and criminal procedure in Russia are formulated.
Ключевые слова / Keywords:
the principle of progressive search in criminal investigation; timeliness, freedom of version, fullness and focus of evidence collection.
Аннотация / Annotation:
A set of recommendations on the organization of evidence collection is considered. The author proceeds from the concept of the possibility of solving a scientific and legal problem in a work of fiction. The conclusions are based on the artistic works of F.M. Dostoevsky, for comparison in certain aspects, the film «The Meeting Place cannot be changed» is involved in the analysis. Proposals for modern criminalistics and criminal procedure in Russia are formulated.
Ключевые слова / Keywords:
the principle of progressive search in criminal investigation; timeliness, freedom of version, fullness and focus of evidence collection.
BIRYUKOV S.V. Biryukov S.V. – candidate of jurisprudence, associate professor
Legal pluralism / monism and legal education
Страницы / Pages: 16-21
Аннотация / Annotation:
The article shows that attention to the dialectics of legal pluralism and legal monism is characteristic of all basic types of legal thinking. It is substantiated that in the presence of problems of interaction of legal cultures, demonstration of the diversity of law and other regulators and, at the same time, substantiation of the more or less complete unity of existing legal law from a formal legal, axiological, general social point of view, is one of the tasks of legal education.
Ключевые слова / Keywords:
legal thinking, legal monism, legal pluralism, legal education, legal culture.
MODERN EDUCATIONАннотация / Annotation:
The article shows that attention to the dialectics of legal pluralism and legal monism is characteristic of all basic types of legal thinking. It is substantiated that in the presence of problems of interaction of legal cultures, demonstration of the diversity of law and other regulators and, at the same time, substantiation of the more or less complete unity of existing legal law from a formal legal, axiological, general social point of view, is one of the tasks of legal education.
Ключевые слова / Keywords:
legal thinking, legal monism, legal pluralism, legal education, legal culture.
VOLKOV A.P. Volkov A.P. – Doctor of History, Professor
YASTREMSKIY A.M. Yastremskiy A.M. – Doctor of History, Professor
Some experience in the application of multimedia learning tools during
the teaching of history
Страницы / Pages: 22-31
Аннотация / Annotation:
The article is relevant, as the public is actively discussing some of the problems of using multimedia in the educational process. This issue has become especially acute in the pandemic. The experience of using technical means in teaching humanitarian disciplines is shown on the example of history in order to improve the quality of training of military specialists.
Ключевые слова / Keywords:
military personnel, education, multimedia technologies, history, quality.
Аннотация / Annotation:
The article is relevant, as the public is actively discussing some of the problems of using multimedia in the educational process. This issue has become especially acute in the pandemic. The experience of using technical means in teaching humanitarian disciplines is shown on the example of history in order to improve the quality of training of military specialists.
Ключевые слова / Keywords:
military personnel, education, multimedia technologies, history, quality.
SHEVCHENKO S.V.
Shevchenko S.V.
–
Psychological and pedagogical aspects of the formation of teachers ‘ competencies on the basis of mixed learning technology
Страницы / Pages: 32-39
Аннотация / Annotation:
The article analyzes the competencies of teachers necessary for the use of mixed learning in the classroom at universities. The article discusses the experience of foreign experts in the field of innovative technologies and their adaptation to the Russian educational system.
Ключевые слова / Keywords:
blended learning, competence of the teacher, the teacher’s role in blended learning.
Аннотация / Annotation:
The article analyzes the competencies of teachers necessary for the use of mixed learning in the classroom at universities. The article discusses the experience of foreign experts in the field of innovative technologies and their adaptation to the Russian educational system.
Ключевые слова / Keywords:
blended learning, competence of the teacher, the teacher’s role in blended learning.
SUCHILKINA E.V. Suchilkina E.V. – Candidate of Historical Sciences, Associate Professor
NIKITINA M.E. Nikitina M.E. – Candidate of Historical Sciences
Strategic directions of development of modern higher education in Russia: normative framework
Страницы / Pages: 40-44
Аннотация / Annotation:
The article consider trends in improving the quality of Russian education; intensification of the educational process through the introduction of e-learning, innovative – distance-forms, methods and means of training in the educational process.
Ключевые слова / Keywords:
distance learning, normative framework, e-education, online learning, personnel potential.
Аннотация / Annotation:
The article consider trends in improving the quality of Russian education; intensification of the educational process through the introduction of e-learning, innovative – distance-forms, methods and means of training in the educational process.
Ключевые слова / Keywords:
distance learning, normative framework, e-education, online learning, personnel potential.
KUZNETSOV A.V. Kuznetsov A.V. – Candidate of Law, Associate Professor
BERDYSHEVA S.N.
Berdysheva S.N.
–
Observance of the constitutional right of citizens to education in the Udmurt Republic
Страницы / Pages: 45-51
Аннотация / Annotation:
Today, in the context of the development of the education system, the study of the implementation of the constitutional right of citizens to education is relevant. The article examines the problems of realizing the right to education at its different levels, suggests ways of solving it, and also gives statistical data confirming the problems of education accessibility.
Ключевые слова / Keywords:
education, constitutional right of citizens to education, accessibility of education, protection of rights.
WE DISCUSS THE PROBLEMАннотация / Annotation:
Today, in the context of the development of the education system, the study of the implementation of the constitutional right of citizens to education is relevant. The article examines the problems of realizing the right to education at its different levels, suggests ways of solving it, and also gives statistical data confirming the problems of education accessibility.
Ключевые слова / Keywords:
education, constitutional right of citizens to education, accessibility of education, protection of rights.
PERVUSHINA V.N. Pervushina V.N. – Doctor of Philosophy
MOROZOVA N.M. Morozova N.M. – Doctor of Philosophy
Bio-state power and the pandemic (COVID – 19)
Страницы / Pages: 52-62
Аннотация / Annotation:
The article is dealt with the essence of bio- state power from the point of view of positivist and existential approaches. It makes it possible to analyze the ambivalent nature of bio-power in terms of its functioning and regulation, i.e. at the socio-philosophical level. The metaphysical-existential level of understanding of bio- state power articulates the question of the value of life, its meaning and freedom. The awareness of the precious gift of life and its finiteness inevitably raises the question of the meaning of human existence as a fundamental ontological one.
Ключевые слова / Keywords:
bio-state power, freedom/coercion, meaning of life, positivist approach, philosophical-metaphysical approach, paternalism.
Аннотация / Annotation:
The article is dealt with the essence of bio- state power from the point of view of positivist and existential approaches. It makes it possible to analyze the ambivalent nature of bio-power in terms of its functioning and regulation, i.e. at the socio-philosophical level. The metaphysical-existential level of understanding of bio- state power articulates the question of the value of life, its meaning and freedom. The awareness of the precious gift of life and its finiteness inevitably raises the question of the meaning of human existence as a fundamental ontological one.
Ключевые слова / Keywords:
bio-state power, freedom/coercion, meaning of life, positivist approach, philosophical-metaphysical approach, paternalism.
ALESHIN V.V. Aleshin V.V. – doctor of jurisprudence, professor
PETROVSKIY D.N. Petrovskiy D.N. – candidate of jurisprudence
DUVANOV N.J. Duvanov N.J. – candidate of jurisprudence
On the definition of a corrupt deal
Страницы / Pages: 63-71
Аннотация / Annotation:
The article deals with the issues of invalidity of corrupt transactions. Special attention is paid to the delineation of law enforcement with the use of norms of the criminal code and the civil code. The article analyzes the positions of the Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation related to the issue under consideration. Attention is drawn to the fact that the recognition of a transaction as invalid can be considered a preventive measure for committing a corruption offense.
Ключевые слова / Keywords:
anti-corruption, corruption deal, invalidity of a corruption transaction, bribery, confiscation, civil liability.
Аннотация / Annotation:
The article deals with the issues of invalidity of corrupt transactions. Special attention is paid to the delineation of law enforcement with the use of norms of the criminal code and the civil code. The article analyzes the positions of the Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation related to the issue under consideration. Attention is drawn to the fact that the recognition of a transaction as invalid can be considered a preventive measure for committing a corruption offense.
Ключевые слова / Keywords:
anti-corruption, corruption deal, invalidity of a corruption transaction, bribery, confiscation, civil liability.
MAISTRENKO G.A. Maistrenko G.A. – PhD
Current issues of crime qualification in danger
Страницы / Pages: 72-76
Аннотация / Annotation:
The article analyzes the problematic issues of qualification of leaving in danger, provides arguments in favor of attributing certain objective and subjective characteristics to this crime, as well as circumstances that exclude responsibility for it.
Ключевые слова / Keywords:
abandonment in danger, human life and health, person, composition of a crime, dangerous state for life and health, criminal liability.
Аннотация / Annotation:
The article analyzes the problematic issues of qualification of leaving in danger, provides arguments in favor of attributing certain objective and subjective characteristics to this crime, as well as circumstances that exclude responsibility for it.
Ключевые слова / Keywords:
abandonment in danger, human life and health, person, composition of a crime, dangerous state for life and health, criminal liability.
POZDYSHEV R.S. Pozdyshev R.S. – candidate of law science
Problematic issues of the practice of investigating crimes committed in the course of activities for the return of overdue debts
Страницы / Pages: 77-87
Аннотация / Annotation:
The article analyzes the problematic issues that arise during the investigation of crimes related to the return of overdue debts. The materials of judicial and investigative practice on this category of criminal cases are considered, as well as the difficulties that investigators face in their investigation. In the course of the research, the positive experience of countering the crimes under consideration was revealed and ways to improve investigative practice were proposed.
Ключевые слова / Keywords:
collection activity, microfinance organization, investigation, profanity, obscene language.
COPYRIGHT NOTICEАннотация / Annotation:
The article analyzes the problematic issues that arise during the investigation of crimes related to the return of overdue debts. The materials of judicial and investigative practice on this category of criminal cases are considered, as well as the difficulties that investigators face in their investigation. In the course of the research, the positive experience of countering the crimes under consideration was revealed and ways to improve investigative practice were proposed.
Ключевые слова / Keywords:
collection activity, microfinance organization, investigation, profanity, obscene language.
PROTAS E.V. Protas E.V. – doctor of pedagogical sciences, candidate of legal sciences, professor
PAVLYUCHENKOVA S.E.
Pavlyuchenkova S.E.
–
Legal regulation of copyrights to works created by artificial intelligence
Страницы / Pages: 88-94
Аннотация / Annotation:
Today, technologies related to machine learning have reached such a high level that they can create paintings, music, and texts that are equivalent to works of art. The development of artificial intelligence raises new questions for the legislator – who should own the copyright to the objects created by them. The main problem is the lack of a clear legal framework, both in our country and at the international level.
Ключевые слова / Keywords:
artificial intelligence, intellectual property, neural networks, copyright, derivative work, robots, authorship problem, legal regulation.
Аннотация / Annotation:
Today, technologies related to machine learning have reached such a high level that they can create paintings, music, and texts that are equivalent to works of art. The development of artificial intelligence raises new questions for the legislator – who should own the copyright to the objects created by them. The main problem is the lack of a clear legal framework, both in our country and at the international level.
Ключевые слова / Keywords:
artificial intelligence, intellectual property, neural networks, copyright, derivative work, robots, authorship problem, legal regulation.
IDRISOV H.V. Idrisov H.V. – PhD in Law, associate professor
Certain aspects of violations and issues of copyright protection on the Internet
Страницы / Pages: 95-101
Аннотация / Annotation:
The article is devoted to certain issues of copyright protection on the Internet. Copyright protection on the Internet is a set of measures aimed at restoring the violated rights of copyright subjects on the Internet. It is concluded that the main problem of protecting these rights is that the Internet is a complex system, which states still do not know how to effectively regulate. The second problem is the lack of an adequate regulatory framework.
Ключевые слова / Keywords:
problems of copyright protection, intellectual property, Internet network, copyright holder, piracy.
PAGES OF HISTORYАннотация / Annotation:
The article is devoted to certain issues of copyright protection on the Internet. Copyright protection on the Internet is a set of measures aimed at restoring the violated rights of copyright subjects on the Internet. It is concluded that the main problem of protecting these rights is that the Internet is a complex system, which states still do not know how to effectively regulate. The second problem is the lack of an adequate regulatory framework.
Ключевые слова / Keywords:
problems of copyright protection, intellectual property, Internet network, copyright holder, piracy.
BURDUN V.N. Burdun V.N. – PhD in History, Associate Professor
MAKHROV A.M. Makhrov A.M. – PhD in History, Professor
Kuban Cossacks and the Security Issues of Russia’s Southern Borders in the 70s of the XIX Century in the Military and Historical Heritage of A.N. Kuropatkin and B.N. Kolyubakin
Страницы / Pages: 102-111
Аннотация / Annotation:
The article deals with the research papers of general A.N. Kuropatkin and general B.N. Kolyubakin – famous Russian military and public figures, active participants of the Russo-Turkish war of 1877-1878 – and focuses on the Kuban Cossacks’ involvement in the above-mentioned military campaign in the Balkan, Asia Minor and Caucasus theatres of operations.
Ключевые слова / Keywords:
Kuban Cossacks, Russo-Turkish war of 1877-1878, A.N. Kuropatkin, B.N. Kolyubakin, historiography, Lovcha, Plevna, Sheinovo, Kobuleti Detachment, Erivan Detachment.
Аннотация / Annotation:
The article deals with the research papers of general A.N. Kuropatkin and general B.N. Kolyubakin – famous Russian military and public figures, active participants of the Russo-Turkish war of 1877-1878 – and focuses on the Kuban Cossacks’ involvement in the above-mentioned military campaign in the Balkan, Asia Minor and Caucasus theatres of operations.
Ключевые слова / Keywords:
Kuban Cossacks, Russo-Turkish war of 1877-1878, A.N. Kuropatkin, B.N. Kolyubakin, historiography, Lovcha, Plevna, Sheinovo, Kobuleti Detachment, Erivan Detachment.
TARASOV S.A.
Tarasov S.A.
–
Attestation as a basis for studying the command and commanding staff of the Red Army on the eve of the Great Patriotic War (1941–1945)
Страницы / Pages: 112-122
Аннотация / Annotation:
The article examines the role and significance of attestation as one of the main ways to study the political and moral and business qualities of the commanding officers of the Red Army in the selection of candidates for appointment to higher positions in the 1930s – early 1940s.
Ключевые слова / Keywords:
the USSR People’s Commissariat of Defense, military personnel, Red Army, command staff, personnel bodies, certification.
Аннотация / Annotation:
The article examines the role and significance of attestation as one of the main ways to study the political and moral and business qualities of the commanding officers of the Red Army in the selection of candidates for appointment to higher positions in the 1930s – early 1940s.
Ключевые слова / Keywords:
the USSR People’s Commissariat of Defense, military personnel, Red Army, command staff, personnel bodies, certification.
KHABIBRAHMANOV I.R. Khabibrahmanov I.R. – PhD applicant in Historical sciences
The formation of the Russian army’s staffing in the second half of the XVIII century. Production of officers
Страницы / Pages: 123-134
Аннотация / Annotation:
This article examines the principles of recruiting primary officer positions in the Russian army in the second half of the 18th century. Specifically, the mechanisms of the production of officers through two main channels are analyzed: directly in the troops and the assignment of officer ranks to graduates of military and civilian educational institutions. Finally, conclusions are drawn about the class character of appointments to primary officer positions, about the prestige of military service among the nobility, about the solution by the authorities of the task of staffing primary officer positions as a whole with the most competent and ideologically reliable part of Russian society.
Ключевые слова / Keywords:
staffing, officers, chief officers, recruitment, the Russian army, the rank system, noblemen, career.
Аннотация / Annotation:
This article examines the principles of recruiting primary officer positions in the Russian army in the second half of the 18th century. Specifically, the mechanisms of the production of officers through two main channels are analyzed: directly in the troops and the assignment of officer ranks to graduates of military and civilian educational institutions. Finally, conclusions are drawn about the class character of appointments to primary officer positions, about the prestige of military service among the nobility, about the solution by the authorities of the task of staffing primary officer positions as a whole with the most competent and ideologically reliable part of Russian society.
Ключевые слова / Keywords:
staffing, officers, chief officers, recruitment, the Russian army, the rank system, noblemen, career.