Право и образование
№ 04 • 2022
HOT TOPIC
KARPENKO M.P. Karpenko M.P. – Doctor of Technical Sciences, Professor
Socialism – Capitalism (the struggle continues)
Страницы / Pages: 4-10
Аннотация / Annotation:
The author, arguing with the article by A.D. Kerimov “The defining trend of the development of modern world civilization” shows that the direction of the development of world civilization is the direction from unfreedom and forced labor to freedom, natural market regulation and self-government based on democracy. The only way for humanity is to further accelerate and increase scientific and technological progress, to increase the power of modern technological civilization.
Ключевые слова / Keywords:
capitalism, socialism, public goods, progress, world civilization.
Аннотация / Annotation:
The author, arguing with the article by A.D. Kerimov “The defining trend of the development of modern world civilization” shows that the direction of the development of world civilization is the direction from unfreedom and forced labor to freedom, natural market regulation and self-government based on democracy. The only way for humanity is to further accelerate and increase scientific and technological progress, to increase the power of modern technological civilization.
Ключевые слова / Keywords:
capitalism, socialism, public goods, progress, world civilization.
PERVUSHINA V.N. Pervushina V.N. – Doctor of Philosophy, Professor
MOROZOVA N.M. Morozova N.M. – Doctor of Philosophy, Associate Professor
Human rights in a pandemic (covid-19)
Страницы / Pages: 11-20
Аннотация / Annotation:
The article is dealt with the possibility of preserving fundamental human rights in a pandemic and the validity of the use of legal coercion and violence to solve the problem of coronavirus
Ключевые слова / Keywords:
human rights, negative and positive freedom, paternalism/anti-paternalism, coercion, violence.
Аннотация / Annotation:
The article is dealt with the possibility of preserving fundamental human rights in a pandemic and the validity of the use of legal coercion and violence to solve the problem of coronavirus
Ключевые слова / Keywords:
human rights, negative and positive freedom, paternalism/anti-paternalism, coercion, violence.
BARANOV V.D. Baranov V.D. – Doctor of Economics, Professor
Regime of trade and economic sanctions: view from Brussels and from Moscow
Страницы / Pages: 21-35
Аннотация / Annotation:
The article is devoted to the analysis of the legal nature, trade, political and ideological goals of the European Union, which considers the widespread use of economic sanctions against Russia and some other member countries of the Eurasian Economic Union as an instrument of political pressure, limiting economic ties between the two integration groups at the political and corporate level.
Ключевые слова / Keywords:
most favored nation treatment, unfair competition, European Union, Eurasian Economic Union, trade and economic sanctions, counter-sanctions.
Аннотация / Annotation:
The article is devoted to the analysis of the legal nature, trade, political and ideological goals of the European Union, which considers the widespread use of economic sanctions against Russia and some other member countries of the Eurasian Economic Union as an instrument of political pressure, limiting economic ties between the two integration groups at the political and corporate level.
Ключевые слова / Keywords:
most favored nation treatment, unfair competition, European Union, Eurasian Economic Union, trade and economic sanctions, counter-sanctions.
POZDNYAKOVA E.A. Pozdnyakova E.A. – сandidate of Legal Sciences, Associate Professor
CHELIAPINA O.I. Cheliapina O.I. – сandidate of Technical Sciences, Associate Professor
Environmental entrepreneurship: theoretical and legal aspect in the context of specially protected natural areas
Страницы / Pages: 36-43
Аннотация / Annotation:
The deterioration of the environment on the territory of many states brings this problem to the level of a global scale. Developed countries are already taking steps to solve it, including environmental entrepreneurship. Despite the presence in the definition of environmental entrepreneurship of such goals as ensuring the preservation and restoration of the environment and the protection of natural resources, there is a need to find an answer to the question whether such entrepreneurship is an independent type.
Ключевые слова / Keywords:
entrepreneurship, ecology, environment, natural resources, specially protected natural territories.
MODERN EDUCATIONАннотация / Annotation:
The deterioration of the environment on the territory of many states brings this problem to the level of a global scale. Developed countries are already taking steps to solve it, including environmental entrepreneurship. Despite the presence in the definition of environmental entrepreneurship of such goals as ensuring the preservation and restoration of the environment and the protection of natural resources, there is a need to find an answer to the question whether such entrepreneurship is an independent type.
Ключевые слова / Keywords:
entrepreneurship, ecology, environment, natural resources, specially protected natural territories.
MATYUSHEVA T.N. Matyusheva T.N. – Doctor of Law
A component of the legal status of undergraduates is the obligation of high-quality preparation for the education of citizenship of students
Страницы / Pages: 44-49
Аннотация / Annotation:
One of the goals of the implementation of master’s programs in the field of training 40.04.01 “Jurisprudence” (the author analyzes the training in the master’s program “Legal activity in state and municipal authorities”) in accordance with the Federal State Educational Standard of Higher Education – not only the education of the subject, who, by virtue of this education, becomes a person, but his qualitative preparation for the implementation of professional activities in the field of education and science in the fields of vocational training, secondary vocational and higher education, additional education.
Ключевые слова / Keywords:
the constitutional right to education, children and youth, accessibility and quality of education, normative and legislative base, education, education system, Formation of civil society.
Аннотация / Annotation:
One of the goals of the implementation of master’s programs in the field of training 40.04.01 “Jurisprudence” (the author analyzes the training in the master’s program “Legal activity in state and municipal authorities”) in accordance with the Federal State Educational Standard of Higher Education – not only the education of the subject, who, by virtue of this education, becomes a person, but his qualitative preparation for the implementation of professional activities in the field of education and science in the fields of vocational training, secondary vocational and higher education, additional education.
Ключевые слова / Keywords:
the constitutional right to education, children and youth, accessibility and quality of education, normative and legislative base, education, education system, Formation of civil society.
EFREMOV I.A. Efremov I.A. – Candidate of Legal Sciences, Associate Professor
Law in medical practice and in medical education
Страницы / Pages: 50-61
Аннотация / Annotation:
The author analyzes the legal regulation of the sphere of public health protection in the fields of medical activity and education. In order to increase the level of legal literacy of medical workers, it proposes an increase in the total number of hours for legal training and its conduct in two stages. Draws attention to the need to comply with the principles of lawmaking: the principle of professionalism (competence) of the subjects of lawmaking, the principle of scientific character, the principle of connection with practice, and others.
Ключевые слова / Keywords:
Law (FZ) on the fundamentals of health protection, Law (FZ) on education, federal state educational standard (FSES), medical activity, doctor’s oath, medical worker, violation of the rule of law, legal responsibility, sentence, protection of legal rights and interests , principles of lawmaking.
Аннотация / Annotation:
The author analyzes the legal regulation of the sphere of public health protection in the fields of medical activity and education. In order to increase the level of legal literacy of medical workers, it proposes an increase in the total number of hours for legal training and its conduct in two stages. Draws attention to the need to comply with the principles of lawmaking: the principle of professionalism (competence) of the subjects of lawmaking, the principle of scientific character, the principle of connection with practice, and others.
Ключевые слова / Keywords:
Law (FZ) on the fundamentals of health protection, Law (FZ) on education, federal state educational standard (FSES), medical activity, doctor’s oath, medical worker, violation of the rule of law, legal responsibility, sentence, protection of legal rights and interests , principles of lawmaking.
CEWLA F.I. Cewla F.I. – doctor of pedagogical Sciences, Professor
Questions of the process of self-education of future employees of the penal system
Страницы / Pages: 62-67
Аннотация / Annotation:
Currently, the goal of modern education and its modernization is to organize the process of self-education of the individual at various stages of her life. In this regard, it is important to form motivation for self-education and self-development, especially among future employees of the penitentiary system studying at a departmental university in order to prepare for professional activity more effectively.
Ключевые слова / Keywords:
penal enforcement system, departmental educational organizations, future employee, educational process, self-education.
WE DISCUSS THE PROBLEMАннотация / Annotation:
Currently, the goal of modern education and its modernization is to organize the process of self-education of the individual at various stages of her life. In this regard, it is important to form motivation for self-education and self-development, especially among future employees of the penitentiary system studying at a departmental university in order to prepare for professional activity more effectively.
Ключевые слова / Keywords:
penal enforcement system, departmental educational organizations, future employee, educational process, self-education.
ILINA I.YU. Ilina I.Yu. – doctor of economic sciences
Features of the formation of the career strategy of university teachers in modern conditions
Страницы / Pages: 68-74
Аннотация / Annotation:
The article discusses modern approaches to the formation of career strategies of university teachers. Based on the analysis of the works of Russian researchers, the actual aspects of planning and implementing strategies for the professional development of teachers of different categories are highlighted. A wide range of trajectories of scientific and pedagogical career implemented at the university is revealed. The factors determining the success of teachers’ career advancement in the conditions of modernization of higher education are highlighted.
Ключевые слова / Keywords:
career strategy, professional development, scientific and pedagogical career, university teacher, personnel potential of the university, competitiveness of teachers.
Аннотация / Annotation:
The article discusses modern approaches to the formation of career strategies of university teachers. Based on the analysis of the works of Russian researchers, the actual aspects of planning and implementing strategies for the professional development of teachers of different categories are highlighted. A wide range of trajectories of scientific and pedagogical career implemented at the university is revealed. The factors determining the success of teachers’ career advancement in the conditions of modernization of higher education are highlighted.
Ключевые слова / Keywords:
career strategy, professional development, scientific and pedagogical career, university teacher, personnel potential of the university, competitiveness of teachers.
PROTAS E.V. Protas E.V. – Doctor of Pedagogical Sciences, Candidate of Legal Sciences, Professor
SKIRDIN P.V.
Skirdin P.V.
–
Actual problems of non-cash payments in civil law Of the Russian Federation
Страницы / Pages: 75-81
Аннотация / Annotation:
This article provides the basic conceptual apparatus of non-cash payments in the Russian Federation, synthesized on the basis of the legislation of the Russian Federation, general provisions on the goals, objectives and legally fixed requirements for non-cash payments on the territory of the Russian Federation and persons performing such calculations, as well as the problems of attributing non-cash payments to one or another nature of relations.
Ключевые слова / Keywords:
cashless settlement, payment order, letter of credit, collection, receipt, electronic money.
Аннотация / Annotation:
This article provides the basic conceptual apparatus of non-cash payments in the Russian Federation, synthesized on the basis of the legislation of the Russian Federation, general provisions on the goals, objectives and legally fixed requirements for non-cash payments on the territory of the Russian Federation and persons performing such calculations, as well as the problems of attributing non-cash payments to one or another nature of relations.
Ключевые слова / Keywords:
cashless settlement, payment order, letter of credit, collection, receipt, electronic money.
VASILENKO A.A. Vasilenko A.A. – Candidate of Juridical Sciences.
On the return of funds and recognition of the service agreement as not concluded.
Страницы / Pages: 82-85
Аннотация / Annotation:
The article is devoted to the claim procedure for the return of funds and the recognition of the contract for the provision of services not concluded. The article uses the practice of concluding a contract for the provision of services, and as a result of the analysis, an independent conclusion was made.
Ключевые слова / Keywords:
civil contract, contract for the provision of services, claim, funds.
FOREIGN EXPERIENCEАннотация / Annotation:
The article is devoted to the claim procedure for the return of funds and the recognition of the contract for the provision of services not concluded. The article uses the practice of concluding a contract for the provision of services, and as a result of the analysis, an independent conclusion was made.
Ключевые слова / Keywords:
civil contract, contract for the provision of services, claim, funds.
KLOCHKOV V.V. Klochkov V.V. – Doctor of Historical Sciences
ONISHCHUK M.M.
Onishchuk M.M.
–
Mistakes of law and mistakes of fact in american criminal law
Страницы / Pages: 86-93
Аннотация / Annotation:
In many US states, mistakes of fact and mistakes of law serve as remedies against criminal prosecution. These remedies are based on the theory, according to which in the actions of the offender at the time of the criminal offense there was an «honest delusion» regarding certain circumstances of the deed, and therefore, he could not realize the social danger of his actions. The article examines the approaches of the American legislator to understanding legal and factual mistake in criminal law.
Ключевые слова / Keywords:
criminal mistake, the legal mistake, mistake of fact, delusion.
PAGES OF HISTORYАннотация / Annotation:
In many US states, mistakes of fact and mistakes of law serve as remedies against criminal prosecution. These remedies are based on the theory, according to which in the actions of the offender at the time of the criminal offense there was an «honest delusion» regarding certain circumstances of the deed, and therefore, he could not realize the social danger of his actions. The article examines the approaches of the American legislator to understanding legal and factual mistake in criminal law.
Ключевые слова / Keywords:
criminal mistake, the legal mistake, mistake of fact, delusion.
SHCHANKINA L.N. Shchankina L.N. – doctor of Historical Sciences
Corruption through the ages: from Kievan Rus to the Russian Empire
Страницы / Pages: 94-105
Аннотация / Annotation:
The article with an emphasis on regulatory regulation analyzed the emergence, formation and development of corruption as a socio-economic and legal phenomenon from the time of Ancient Russia to the last days of the existence of the Russian Empire. Based on available sources, the history of the fight against corruption is presented; Analysis of anti-corruption legislation and State attempts to counter its development in government and administration was carried out.
Ключевые слова / Keywords:
corruption, bribery, fight against corruption, Kievan Rus, Russian Empire.
Аннотация / Annotation:
The article with an emphasis on regulatory regulation analyzed the emergence, formation and development of corruption as a socio-economic and legal phenomenon from the time of Ancient Russia to the last days of the existence of the Russian Empire. Based on available sources, the history of the fight against corruption is presented; Analysis of anti-corruption legislation and State attempts to counter its development in government and administration was carried out.
Ключевые слова / Keywords:
corruption, bribery, fight against corruption, Kievan Rus, Russian Empire.
TALYNEV V.E. Talynev V.E. – Doctor of Sociology, Associate Professor
KIRYUSHIN A.N. Kiryushin A.N. – Doctor of Philosophy
KHRENOV I.V. Khrenov I.V. – Candidate of Military Sciences
RAKHIMOV R.A.
Rakhimov R.A.
–
The Victory Parade on Red Square as an information campaign: historical aspects, functions and directions of improving the mainstream of information support and scenography
Страницы / Pages: 106-116
Аннотация / Annotation:
The article examines the historical background, conditions for the origin and function of military parades, as well as the most significant Victory Day Parade in Russian history on Red Square. There is a significant effect of the Victory Parade on Red Square as an information campaign on society and the establishment of a likely opponent. The directions of improving the information support and scenography of the Victory Parade on Red Square, increasing the information impact on the likely enemy, are proposed.
Ключевые слова / Keywords:
military parade, Victory Parade on Red Square, Immortal Regiment, information campaign, falsification of history.
SCIENTIFIC DEBUTАннотация / Annotation:
The article examines the historical background, conditions for the origin and function of military parades, as well as the most significant Victory Day Parade in Russian history on Red Square. There is a significant effect of the Victory Parade on Red Square as an information campaign on society and the establishment of a likely opponent. The directions of improving the information support and scenography of the Victory Parade on Red Square, increasing the information impact on the likely enemy, are proposed.
Ключевые слова / Keywords:
military parade, Victory Parade on Red Square, Immortal Regiment, information campaign, falsification of history.
FARAFONTOVA D.S.
Farafontova D.S.
–
The essence of the institution of deprivation of parental rights in the Russian legal system
Страницы / Pages: 117-122
Аннотация / Annotation:
The article reveals the essence of the institution of deprivation of parental rights in the Russian legal system, as well as the specifics of certain grounds for deprivation of parental rights. The author presents the key features of law enforcement practice, the assessment of individual provisions of the Family Code by courts of general jurisdiction. Attention is also drawn to the position of the Supreme Court of the Russian Federation, which somewhat expands the aspects of the implementation of the institution of deprivation of parental rights in individual cases.
Ключевые слова / Keywords:
deprivation of parental rights, institute, children, evasion, rights and legitimate interests, responsibility.
Аннотация / Annotation:
The article reveals the essence of the institution of deprivation of parental rights in the Russian legal system, as well as the specifics of certain grounds for deprivation of parental rights. The author presents the key features of law enforcement practice, the assessment of individual provisions of the Family Code by courts of general jurisdiction. Attention is also drawn to the position of the Supreme Court of the Russian Federation, which somewhat expands the aspects of the implementation of the institution of deprivation of parental rights in individual cases.
Ключевые слова / Keywords:
deprivation of parental rights, institute, children, evasion, rights and legitimate interests, responsibility.