Право и образование
№ 05 • 2017
A THEORY OF LAW
MELNIKOVA М.V. Melnikova М.V. – candidate of jurisprudence, associate Professor
The methodology of scientific knowledge of the state and society in modern times
Страницы / Pages: 4-11
Аннотация / Annotation:
The article examines the formation of scientific methods of society and the state in modern times. Thinkers of this era attempted to justify the idea that the state is not the result of divine creation, a product of the conscious activity of people. It discusses views on the structure of the state and society the brightest representatives of this period – Hobbes, John Locke, G. Hegel, I. Kant, A. Constant, A. Tocqueville.
Ключевые слова / Keywords:
civil society, New age, methodology, individual liberty, natural law, the theory of «social contract», dialectics, liberalism.
Аннотация / Annotation:
The article examines the formation of scientific methods of society and the state in modern times. Thinkers of this era attempted to justify the idea that the state is not the result of divine creation, a product of the conscious activity of people. It discusses views on the structure of the state and society the brightest representatives of this period – Hobbes, John Locke, G. Hegel, I. Kant, A. Constant, A. Tocqueville.
Ключевые слова / Keywords:
civil society, New age, methodology, individual liberty, natural law, the theory of «social contract», dialectics, liberalism.
LITYAGIN N.N. Lityagin N.N. – PhD, Associate Professor, associate Professor
Theoretical and practical problems of legal regulation of investments and investment activity
Страницы / Pages: 12-25
Аннотация / Annotation:
The article examines the legal background of activation of investment activity, points to a need for more refinement of the original concepts in the field of legal regulation, the inclusion of a legal definition of the most significant investments in their properties, revealing their essence, allowing to identify investment as the object of legal regulation.
Ключевые слова / Keywords:
investments, investment activity, investment process, legal regulation, investment, types of investors, lawmaking, and law enforcement practices.
Аннотация / Annotation:
The article examines the legal background of activation of investment activity, points to a need for more refinement of the original concepts in the field of legal regulation, the inclusion of a legal definition of the most significant investments in their properties, revealing their essence, allowing to identify investment as the object of legal regulation.
Ключевые слова / Keywords:
investments, investment activity, investment process, legal regulation, investment, types of investors, lawmaking, and law enforcement practices.
GROKHOVSKAYA А.S.
Grokhovskaya А.S.
–
Man as a system-forming factor of the existence of the modern russian law
Страницы / Pages: 26-31
Аннотация / Annotation:
For communication and interaction between people, the resolution and prevention of conflicts between them have always been important issues of knowledge, improvement and implementation of the law. Only a man among all the other living beings possess reason, complex emotional qualities and is able to feel and realize the right to observe the legal establishment, to adapt to the legal reality.
Ключевые слова / Keywords:
man, law, legal humanism, alienation, sense of justice.
MODERN EDUCATIONАннотация / Annotation:
For communication and interaction between people, the resolution and prevention of conflicts between them have always been important issues of knowledge, improvement and implementation of the law. Only a man among all the other living beings possess reason, complex emotional qualities and is able to feel and realize the right to observe the legal establishment, to adapt to the legal reality.
Ключевые слова / Keywords:
man, law, legal humanism, alienation, sense of justice.
REZER T.M. Rezer T.M. – Doctor of Education, Professor
Information openness in education organizations: development strategy or activity formalization?
Страницы / Pages: 32-41
Аннотация / Annotation:
A legal framework of information openness in education organizations in Russian Federation was analyzed. The analysis of content fullness in official web-sites of vocational education organizations in accordance with regulations was carried out by the example of those in Sverdlovsk region. Problems arising during web-sites content provision in accordance with regulations were considered.
Ключевые слова / Keywords:
vocational education organizations, official web-site, information openness.
Аннотация / Annotation:
A legal framework of information openness in education organizations in Russian Federation was analyzed. The analysis of content fullness in official web-sites of vocational education organizations in accordance with regulations was carried out by the example of those in Sverdlovsk region. Problems arising during web-sites content provision in accordance with regulations were considered.
Ключевые слова / Keywords:
vocational education organizations, official web-site, information openness.
KALYAK A.M. Kalyak A.M. – candidate of law sciences, associate professor
KALYAK N.A.
Kalyak N.A.
–
Some features of the modern state policy in the sphere of higher law education
Страницы / Pages: 42-47
Аннотация / Annotation:
The article is devoted to social and formal legal assessment of the regulation, referred to in paragraph 3.2. FSES HE «Jurisprudence» (bachelor level), approved by the Decree of the Ministry of education and science of the Russian Federation from 1 December 2016: enrollment of the students for distant form of education, starting in September 2017, will be allowed only as the second higher education. Given the historical facts of the «struggle» of state bodies with higher law education received at the distant basis in the USSR and in the Russian Federation.
Ключевые слова / Keywords:
higher education, law education, distant form of education, social mobility, education on a budgetary basis, quality of education, denial of the right on education.
Аннотация / Annotation:
The article is devoted to social and formal legal assessment of the regulation, referred to in paragraph 3.2. FSES HE «Jurisprudence» (bachelor level), approved by the Decree of the Ministry of education and science of the Russian Federation from 1 December 2016: enrollment of the students for distant form of education, starting in September 2017, will be allowed only as the second higher education. Given the historical facts of the «struggle» of state bodies with higher law education received at the distant basis in the USSR and in the Russian Federation.
Ключевые слова / Keywords:
higher education, law education, distant form of education, social mobility, education on a budgetary basis, quality of education, denial of the right on education.
MELNICHENKO R.G. Melnichenko R.G. – assistant professor
Technology development, interactive educational project in high school
Страницы / Pages: 48-56
Аннотация / Annotation:
The article presents the algorithm for creating interactive educational project in high school. Technology planning, educational project consists of three main stages: goal setting, development of plan (check sheet) and the implementation of the plan. On the example of implemented interactive educational project, the article describes aspects of the implementation of each stage. The article contains step-by-step instructions on how to create an interactive project from scratch and add interactivity to existing educational projects.
Ключевые слова / Keywords:
interactivity, educational project planning, higher education, educational technology.
Аннотация / Annotation:
The article presents the algorithm for creating interactive educational project in high school. Technology planning, educational project consists of three main stages: goal setting, development of plan (check sheet) and the implementation of the plan. On the example of implemented interactive educational project, the article describes aspects of the implementation of each stage. The article contains step-by-step instructions on how to create an interactive project from scratch and add interactivity to existing educational projects.
Ключевые слова / Keywords:
interactivity, educational project planning, higher education, educational technology.
BONDARENKO D.V. Bondarenko D.V. – PhD in Law
Action strategy of the Ministry of education and science of Russia on the issues of increasing the share of publications of Russian researchers in international scientific journals
Страницы / Pages: 57-64
Аннотация / Annotation:
The article discusses the activities of the Ministry of education and science on the implementation of instructions stated in the Decree of the President of Russia of may 7, 2012 No. 599 «About measures on realization of state policy in education and science», in such area as increase by 2015 the share of publications of Russian researchers in the total number of publications in world scientific journals indexed in the database WEB of Science, to 2.44 percent.
Ключевые слова / Keywords:
Decree of the President of Russia, the share of publications, WEB of Science.
PEDAGOGICAL INNOVATIONSАннотация / Annotation:
The article discusses the activities of the Ministry of education and science on the implementation of instructions stated in the Decree of the President of Russia of may 7, 2012 No. 599 «About measures on realization of state policy in education and science», in such area as increase by 2015 the share of publications of Russian researchers in the total number of publications in world scientific journals indexed in the database WEB of Science, to 2.44 percent.
Ключевые слова / Keywords:
Decree of the President of Russia, the share of publications, WEB of Science.
SIDOROVA M.V. Sidorova M.V. – candidate of pedagogical Sciences
The impact of the underlying pedagogical beliefs on socio-psychological adaptation of a novice teacher departmental University
Страницы / Pages: 65-73
Аннотация / Annotation:
The article is devoted to the impact of the underlying pedagogical beliefs of the novice teacher’s governmental universities on the process of socio-psychological adaptation in University. Investigated the pedagogical beliefs underlying novice departmental teacher of the University, highlighted their characteristics, ways of formation, peculiarities of impact on the performance of socio-psychological adaptation of a novice teacher in high school.
Ключевые слова / Keywords:
Department, Agency, institution, adaptation, socio-psychological adaptation, the novice teacher, the basic pedagogical beliefs.
Аннотация / Annotation:
The article is devoted to the impact of the underlying pedagogical beliefs of the novice teacher’s governmental universities on the process of socio-psychological adaptation in University. Investigated the pedagogical beliefs underlying novice departmental teacher of the University, highlighted their characteristics, ways of formation, peculiarities of impact on the performance of socio-psychological adaptation of a novice teacher in high school.
Ключевые слова / Keywords:
Department, Agency, institution, adaptation, socio-psychological adaptation, the novice teacher, the basic pedagogical beliefs.
NIKOLAEV S.М. Nikolaev S.М. – associate Professor
Principles of teaching strategy for the formation of value orientations on anti-corruption for the cadets of educational institutions of law enforcement
Страницы / Pages: 74-81
Аннотация / Annotation:
In the article the pedagogical possibilities of combating corruption and formation during cadet training in educational organization and law enforcement organ of the system of value orientations. Service proximity to possible corruption manifestations and risk management led to the development of a pedagogical strategy for the formation of value orientations on combating corruption, defining the consistency, consistency, value orientation of educational process, implementation of the educational organization of democratic and humane subject-subject relationship.
Ключевые слова / Keywords:
pedagogical strategy, value orientations on combating corruption, principles of teaching strategies.
Аннотация / Annotation:
In the article the pedagogical possibilities of combating corruption and formation during cadet training in educational organization and law enforcement organ of the system of value orientations. Service proximity to possible corruption manifestations and risk management led to the development of a pedagogical strategy for the formation of value orientations on combating corruption, defining the consistency, consistency, value orientation of educational process, implementation of the educational organization of democratic and humane subject-subject relationship.
Ключевые слова / Keywords:
pedagogical strategy, value orientations on combating corruption, principles of teaching strategies.
KONOVALCHUK M.V. Konovalchuk M.V. – candidate of jurisprudence
The power of quest technologies in the higher school in the training of lawyers
Страницы / Pages: 82-86
Аннотация / Annotation:
This article discusses the issues related to learning technologies aimed at the development and formation of professional competence of law students through technology «web quest».
Ключевые слова / Keywords:
quest technologies, competence-based education, professional competence.
Аннотация / Annotation:
This article discusses the issues related to learning technologies aimed at the development and formation of professional competence of law students through technology «web quest».
Ключевые слова / Keywords:
quest technologies, competence-based education, professional competence.
FEDOROVA E.A. Fedorova E.A. – Ph.D. in law
The problem of activization of independent work focused on the formation of students’ required competencies
Страницы / Pages: 87-93
Аннотация / Annotation:
The article considers one of directions of realization of the competence approach to the study of legal disciplines on the basis of a course «Administrative law». Based on the idea of development of the model the concept of training in accordance with FSES 3+, proposed forms and methods of formation of General cultural, General professional and professional competencies through interactive forms of independent work and elective learning method.
Ключевые слова / Keywords:
educational standard, competence model, the elective method, self-study.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article considers one of directions of realization of the competence approach to the study of legal disciplines on the basis of a course «Administrative law». Based on the idea of development of the model the concept of training in accordance with FSES 3+, proposed forms and methods of formation of General cultural, General professional and professional competencies through interactive forms of independent work and elective learning method.
Ключевые слова / Keywords:
educational standard, competence model, the elective method, self-study.
ZAVRAZHIN A.V. Zavrazhin A.V. – doctor of historical sciences, professor
KARMANOV M.V. Karmanov M.V. – doctor of economic sciences, professor
Homeless people as a specific threat of development of russian society
Страницы / Pages: 94-101
Аннотация / Annotation:
Recently in the literature focuses on the adverse factors of sustainable socio-economic growth in modern Russia, especially in the context of demographic security companies. In this regard great scientific and practical interest is the comprehensive analysis of specifications, among which the major concern is the existence of a layer of homeless people, generating a wide variety of social problems.
Ключевые слова / Keywords:
homelessness, homeless, applied analysis of homelessness, the system of indicators statistics the homeless.
Аннотация / Annotation:
Recently in the literature focuses on the adverse factors of sustainable socio-economic growth in modern Russia, especially in the context of demographic security companies. In this regard great scientific and practical interest is the comprehensive analysis of specifications, among which the major concern is the existence of a layer of homeless people, generating a wide variety of social problems.
Ключевые слова / Keywords:
homelessness, homeless, applied analysis of homelessness, the system of indicators statistics the homeless.
OGNEVA K.O. Ogneva K.O. – candidate of jurisprudence
Some of the novels of the Code of administrative procedure of the Russian Federation relating to the consideration of cases on administrative supervision over persons released from places of imprisonment
Страницы / Pages: 102-110
Аннотация / Annotation:
The Article discusses some of the provisions of Chapter 29 of the Code of administrative procedure of the Russian Federation defining features of manufacture on Affairs about administrative supervision over persons released from places of imprisonment, and they are compared with previous standards of Chapter 262 of the Civil procedure code of the Russian Federation.
Ключевые слова / Keywords:
administrative supervision, administrative proceedings, the court, the agreement on reconciliation, balance public and private interests, prevention of crimes and other offences.
Аннотация / Annotation:
The Article discusses some of the provisions of Chapter 29 of the Code of administrative procedure of the Russian Federation defining features of manufacture on Affairs about administrative supervision over persons released from places of imprisonment, and they are compared with previous standards of Chapter 262 of the Civil procedure code of the Russian Federation.
Ключевые слова / Keywords:
administrative supervision, administrative proceedings, the court, the agreement on reconciliation, balance public and private interests, prevention of crimes and other offences.
FILUSCHENKO L.I. Filuschenko L.I. – сandidate of juridical sciences, associate professor
On informational interaction in labour relationships
Страницы / Pages: 111-118
Аннотация / Annotation:
The article deals with the matter of labour legislation improvement in a context of widespread use of information and communication technologies. Traditional methods of interaction between employees and employers are being extended with the new mechanisms by means of modern communication technologies. The current practice and proposed legislation acts on the usage of electronic documents in labour relationships have been analyzed, and a number of correction proposals on labour legislation have been stated.
Ключевые слова / Keywords:
electronic document, electronic signature, local regulatory act.
Аннотация / Annotation:
The article deals with the matter of labour legislation improvement in a context of widespread use of information and communication technologies. Traditional methods of interaction between employees and employers are being extended with the new mechanisms by means of modern communication technologies. The current practice and proposed legislation acts on the usage of electronic documents in labour relationships have been analyzed, and a number of correction proposals on labour legislation have been stated.
Ключевые слова / Keywords:
electronic document, electronic signature, local regulatory act.
BRYLEVA E.A. Bryleva E.A. – PhD in Law, Associate Professor
MIROSHNICHENKO A.N.
Miroshnichenko A.N.
–
Problems of investigation of crimes related to the sexual abuse of children (on the example of Perm Krai)
Страницы / Pages: 119-122
Аннотация / Annotation:
The article discusses the problematic issues of investigation of crimes related to the sexual abuse of children. The authors noted the particular complexity and public danger of crimes of this category. The article provides an example of the use of special equipped rooms for the interrogation of a minor in the Perm region. The authors propose to extend the experience of the Perm region on the whole territory of the Russian Federation and submit proposals on improving legislation in this sphere.
Ключевые слова / Keywords:
minors, sexual exploitation, green room, sexual integrity, Perm Krai.
Аннотация / Annotation:
The article discusses the problematic issues of investigation of crimes related to the sexual abuse of children. The authors noted the particular complexity and public danger of crimes of this category. The article provides an example of the use of special equipped rooms for the interrogation of a minor in the Perm region. The authors propose to extend the experience of the Perm region on the whole territory of the Russian Federation and submit proposals on improving legislation in this sphere.
Ключевые слова / Keywords:
minors, sexual exploitation, green room, sexual integrity, Perm Krai.
KOHTACHEV V.S.
Kohtachev V.S.
–
Forced labor: pros and cons
Страницы / Pages: 123-126
Аннотация / Annotation:
Forced labor – a new form of punishment. For their implementation from the 1st January, earned detention centers. The article examines the internal regulations of correctional centers. Substantiates how the punishment differs from other kinds of punishment.
Ключевые слова / Keywords:
forced labor, condemned, detention centers, the Federal penitentiary service.
Аннотация / Annotation:
Forced labor – a new form of punishment. For their implementation from the 1st January, earned detention centers. The article examines the internal regulations of correctional centers. Substantiates how the punishment differs from other kinds of punishment.
Ключевые слова / Keywords:
forced labor, condemned, detention centers, the Federal penitentiary service.
KHVEDELIDZE M.ZH.
Khvedelidze M.Zh.
–
Realization of the right defendant for the conclusion of the agreement procedure (on the law of the Republic of Kazakhstan)
Страницы / Pages: 127-135
Аннотация / Annotation:
The practice of conciliation provided for in the newly adopted Code of Criminal Procedure of the Republic of Kazakhstan (2014.), Identified a number of issues to be theoretical and legal analysis and understanding to provide recommendations of a legislative nature, the perception of which will improve the norms of the legislation in terms of determining the initial and the final moments of the implementation of the right of individuals to enter into a procedural agreement.
Ключевые слова / Keywords:
criminal justice, procedural agreement, plea bargain, the agreement on cooperation, the criminal policy of Kazakhstan, procedural economy.
Аннотация / Annotation:
The practice of conciliation provided for in the newly adopted Code of Criminal Procedure of the Republic of Kazakhstan (2014.), Identified a number of issues to be theoretical and legal analysis and understanding to provide recommendations of a legislative nature, the perception of which will improve the norms of the legislation in terms of determining the initial and the final moments of the implementation of the right of individuals to enter into a procedural agreement.
Ключевые слова / Keywords:
criminal justice, procedural agreement, plea bargain, the agreement on cooperation, the criminal policy of Kazakhstan, procedural economy.
OZEROV A.A. Ozerov A.A. – PhD
The ideological meaning of life system and sensitive values: historical experience and modern prospects of development
Страницы / Pages: 136-148
Аннотация / Annotation:
In the article, in order to create theoretical prerequisites for the formation of the national state idea in the Russian Federation, a meaningful ideological system and meaningful values are considered.
Ключевые слова / Keywords:
meaning of life, meaningful ideological system, morality, national idea, education, meaningful values, development strategy, historical process, Russian society, strategic planning.
PAGES OF HISTORYАннотация / Annotation:
In the article, in order to create theoretical prerequisites for the formation of the national state idea in the Russian Federation, a meaningful ideological system and meaningful values are considered.
Ключевые слова / Keywords:
meaning of life, meaningful ideological system, morality, national idea, education, meaningful values, development strategy, historical process, Russian society, strategic planning.
POLOVETSKY S.D. Polovetsky S.D. – doctor of historical Sciences, Professor
Normative-legal regulation of activity of secondary schools in the years of the great Patriotic war
Страницы / Pages: 149-155
Аннотация / Annotation:
The article analyses certain issues of the entire complex of the complex of normative-legal regulation in the sphere of education in the period of the great Patriotic war. The focus is on the process of legal support of the educational and upbringing process in secondary schools in wartime.
Ключевые слова / Keywords:
war, education, school, children, teaching, education, teacher, universal military training, performance, discipline.
Аннотация / Annotation:
The article analyses certain issues of the entire complex of the complex of normative-legal regulation in the sphere of education in the period of the great Patriotic war. The focus is on the process of legal support of the educational and upbringing process in secondary schools in wartime.
Ключевые слова / Keywords:
war, education, school, children, teaching, education, teacher, universal military training, performance, discipline.
PLOTSKAYA O.A. Plotskaya O.A. – PhD, Associate Professor
Especially, a legal status widow in permian peoples in XVIII–XIX centuries
Страницы / Pages: 156-161
Аннотация / Annotation:
The article investigates the peculiarities of the legal status of widows, regulated by customary laws Permian peoples (Komi-Zyrian Komi-Perm, Udmurtia). The analysis of archival sources, indicating the specificity of customary legal status of women, left without a spouse. Particular attention is paid to the customary legal guarantees of the legal status of the widow.
Ключевые слова / Keywords:
customary law, Permian peoples, the legal status of widows, sororate, levirate.
Аннотация / Annotation:
The article investigates the peculiarities of the legal status of widows, regulated by customary laws Permian peoples (Komi-Zyrian Komi-Perm, Udmurtia). The analysis of archival sources, indicating the specificity of customary legal status of women, left without a spouse. Particular attention is paid to the customary legal guarantees of the legal status of the widow.
Ключевые слова / Keywords:
customary law, Permian peoples, the legal status of widows, sororate, levirate.
ROZANOVA E.V. Rozanova E.V. – student
The history of divorce in the United States legislation
Страницы / Pages: 162-166
Аннотация / Annotation:
The article investigates the history of divorce in the United States legislation. The author shows the main milestones of this history.
Ключевые слова / Keywords:
divorce, family law, comparative law, the United States, foreign jurisprudence.
REVIEWSАннотация / Annotation:
The article investigates the history of divorce in the United States legislation. The author shows the main milestones of this history.
Ключевые слова / Keywords:
divorce, family law, comparative law, the United States, foreign jurisprudence.
V.A. BERZIN V.A. Berzin – doctor of science (Law)
On the question of the good quality of public administration in the sports sphere
Страницы / Pages: 167-171
Аннотация / Annotation:
This material is a review of the textbook «Public Administration in the sports sphere» (Moscow, 2017).
Ключевые слова / Keywords:
sport, Public Administration, Public Administration in the sports sphere, Sport Law, lex sportiva, Administrative Law, state, sports organizations, sports industry.
Аннотация / Annotation:
This material is a review of the textbook «Public Administration in the sports sphere» (Moscow, 2017).
Ключевые слова / Keywords:
sport, Public Administration, Public Administration in the sports sphere, Sport Law, lex sportiva, Administrative Law, state, sports organizations, sports industry.