Право и образование
№ 05 • 2022
THEORY QUESTIONS
BERLIAVSKY L.G. Berliavsky L.G. – Candidate of Science (Law), Doctor of Science (History)
Modern concept of sources of law
Страницы / Pages: 4-13
Аннотация / Annotation:
In modern jurisprudence, a fundamental vector of the formation the concept of sources of law has been found. There has been a rejection of the artificial opposition of external and internal (form and source). The legal scholars attempt to integrate these elements into a material (“legal text”) or procedural (“legal acts”) legal phenomenon. It is within the framework of this approach that it can be argued that there are ways that reconcile the external and internal existence of law.
Ключевые слова / Keywords:
concept, sources of law, legal text, legal acts, legal phenomenon.
Аннотация / Annotation:
In modern jurisprudence, a fundamental vector of the formation the concept of sources of law has been found. There has been a rejection of the artificial opposition of external and internal (form and source). The legal scholars attempt to integrate these elements into a material (“legal text”) or procedural (“legal acts”) legal phenomenon. It is within the framework of this approach that it can be argued that there are ways that reconcile the external and internal existence of law.
Ключевые слова / Keywords:
concept, sources of law, legal text, legal acts, legal phenomenon.
SOLOVEV S.G. Solovev S.G. – doctor of legal Science, professor
The system of normative goal-setting in relation to Russian local self-government: analysis, problems and prospects
Страницы / Pages: 14-20
Аннотация / Annotation:
The paper analyzes problematic theoretical and practical legal issues related to the dialectic of the hierarchy of goals and the prospects of goal-setting in relation to the system of local self-government in Russia. In order to improve the system of normative goal-setting in relation to Russian municipalities, the study proposes a set of legal measures aimed at improving the content of the relevant municipal legal structures.
Ключевые слова / Keywords:
local self-government, hierarchy of goals of local self-government.
Аннотация / Annotation:
The paper analyzes problematic theoretical and practical legal issues related to the dialectic of the hierarchy of goals and the prospects of goal-setting in relation to the system of local self-government in Russia. In order to improve the system of normative goal-setting in relation to Russian municipalities, the study proposes a set of legal measures aimed at improving the content of the relevant municipal legal structures.
Ключевые слова / Keywords:
local self-government, hierarchy of goals of local self-government.
RESER T.M. Reser T.M. – Doctor of Pedagogy, Professor
POPOV P.M. Popov P.M. – undergraduate
Theoretical and methodological approaches to the study of the problem of cyberadication
Страницы / Pages: 21-26
Аннотация / Annotation:
The article reflects the result of a theoretical analysis of the scientific literature on the problem of cyberaddiction, as a result of which the systematization of theoretical and methodological approaches to the study of cyberaddiction is presented. The necessity of having a unified concept of studying a cyber-dependent model of human behavior is substantiated.
Ключевые слова / Keywords:
computer addiction, cyberdiction, addiction to computer games, approaches to the study of cyberdiction.
Аннотация / Annotation:
The article reflects the result of a theoretical analysis of the scientific literature on the problem of cyberaddiction, as a result of which the systematization of theoretical and methodological approaches to the study of cyberaddiction is presented. The necessity of having a unified concept of studying a cyber-dependent model of human behavior is substantiated.
Ключевые слова / Keywords:
computer addiction, cyberdiction, addiction to computer games, approaches to the study of cyberdiction.
POMOGAIBIN V.N. Pomogaibin V.N. – doctor of psychology
Some theoretical aspects of the study of the evolution of the foundations of psychology
Страницы / Pages: 27-33
Аннотация / Annotation:
The article reflects the current relevance and theoretical aspects of research, theoretical analysis of the process of evolution and the results of historical and psychological cognition; definitions of categories and concepts of the process of evolution of the foundations of psychology, approaches to their study and periodization are presented.
Ключевые слова / Keywords:
evolution, fundamentals of psychology, psychological cognition, research, methodological tool, theoretical analysis, approaches, trends, periodization.
PROFESSIONAL EDUCATIONАннотация / Annotation:
The article reflects the current relevance and theoretical aspects of research, theoretical analysis of the process of evolution and the results of historical and psychological cognition; definitions of categories and concepts of the process of evolution of the foundations of psychology, approaches to their study and periodization are presented.
Ключевые слова / Keywords:
evolution, fundamentals of psychology, psychological cognition, research, methodological tool, theoretical analysis, approaches, trends, periodization.
MESHCHERYAKOVA E.I. Meshcheryakova E.I. – Doctor of Pedagogy, Professor.
LARINA T.V. Larina T.V. – Doctor of Pedagogy, Professor.
Potential opportunities of science and education integration
Страницы / Pages: 34-40
Аннотация / Annotation:
The article considers the problem of science and education integration in the aspect of the objective contradictions that generate it. The authors’ concretized definitions of the concept of “integration of science and education” as an integrative whole, as a process and as a result are presented. A trinity of directions is proposed that ensure the fullest possible use of the advantages opened up in connection with the integration of science and education at the present stage. The introduction of the term “scientific and educational environment of a military university” into scientific circulation is justified.
Ключевые слова / Keywords:
science and education integration, scientific and educational environment of a military educational institution.
Аннотация / Annotation:
The article considers the problem of science and education integration in the aspect of the objective contradictions that generate it. The authors’ concretized definitions of the concept of “integration of science and education” as an integrative whole, as a process and as a result are presented. A trinity of directions is proposed that ensure the fullest possible use of the advantages opened up in connection with the integration of science and education at the present stage. The introduction of the term “scientific and educational environment of a military university” into scientific circulation is justified.
Ключевые слова / Keywords:
science and education integration, scientific and educational environment of a military educational institution.
BIKKUZINA A.KH. Bikkuzina A.Kh. – Cand. Sc. (History), assistant professor
Organizational and methodological support of directors
of educational organizations in the context of implementation
of the professional standard of the head
Страницы / Pages: 41-48
Аннотация / Annotation:
The article analyzes the need for organizational and methodological support for the heads of educational organizations in the context of the introduction of a new professional standard (hereinafter referred to as the professional standard) for the head, which comes into effect on March 1, 2022. The innovations relate to the education and experience of the leader (director, manager, chief) of a preschool and educational organization. The document establishes the criteria of labor functions and the assessment of the professional qualities of the manager, which determines the constant professional improvement of the manager.
Ключевые слова / Keywords:
management personnel, professional standard of the head, general educational organization, professional development, mentoring, methodological support, state policy, additional education.
PEDAGOGICAL PRACTICEАннотация / Annotation:
The article analyzes the need for organizational and methodological support for the heads of educational organizations in the context of the introduction of a new professional standard (hereinafter referred to as the professional standard) for the head, which comes into effect on March 1, 2022. The innovations relate to the education and experience of the leader (director, manager, chief) of a preschool and educational organization. The document establishes the criteria of labor functions and the assessment of the professional qualities of the manager, which determines the constant professional improvement of the manager.
Ключевые слова / Keywords:
management personnel, professional standard of the head, general educational organization, professional development, mentoring, methodological support, state policy, additional education.
SAKULINA JU.V. Sakulina Ju.V. – candidate of pedagogical Sciences, associate Professor
Advantages of using infographic methods
Страницы / Pages: 49-54
Аннотация / Annotation:
The article is devoted to the discussion of the problems of assimilation of new material, as well as optimization of the entire educational process through infographics. Infographics is not a new principle of learning, it is a method that relies on well-known principles for the effective organization of students’ activities. The use of the graphical method in the learning process allows, on the one hand, to implement the classical principle of visual learning, and on the other hand, to build the process itself in a new way.
Ключевые слова / Keywords:
infographics, graphical representation, infographic objects, method, visualization, visibility, optimization, information technology, clip thinking.
Аннотация / Annotation:
The article is devoted to the discussion of the problems of assimilation of new material, as well as optimization of the entire educational process through infographics. Infographics is not a new principle of learning, it is a method that relies on well-known principles for the effective organization of students’ activities. The use of the graphical method in the learning process allows, on the one hand, to implement the classical principle of visual learning, and on the other hand, to build the process itself in a new way.
Ключевые слова / Keywords:
infographics, graphical representation, infographic objects, method, visualization, visibility, optimization, information technology, clip thinking.
SHILOV YU.V. Shilov Yu.V. – Candidate of Law, Associate Professor
The specifics of teaching in departmental educational institutions of higher education of the Federal Penitentiary Service of Russia in absentia
Страницы / Pages: 55-62
Аннотация / Annotation:
The article discusses some aspects of teaching in departmental educational institutions of higher education of the Federal Penitentiary Service of Russia for existing employees in part-time education. The author proposes a number of recommendations on the training of current employees of the penitentiary system, taking into account the specifics of this category of trainees and the basic learning objectives focused on a competency-based approach.
Ключевые слова / Keywords:
employee of the penitentiary system, educational process, departmental educational, distance learning.
HOT TOPICАннотация / Annotation:
The article discusses some aspects of teaching in departmental educational institutions of higher education of the Federal Penitentiary Service of Russia for existing employees in part-time education. The author proposes a number of recommendations on the training of current employees of the penitentiary system, taking into account the specifics of this category of trainees and the basic learning objectives focused on a competency-based approach.
Ключевые слова / Keywords:
employee of the penitentiary system, educational process, departmental educational, distance learning.
VASILIEV I.A. Vasiliev I.A. – candidate of legal Sciences, associate Professor
Football Superleague and the UEFA Integrity Principle
Страницы / Pages: 63-71
Аннотация / Annotation:
This article examines the provisions of Art. 11 “Basic Principles of Conduct” of the UEFA Disciplinary Regulations, which requires clubs to comply with the principle of competitions` integrity. This principle is considered in parallel with the ethics of sport required by UEFA from clubs. As a result, the author concludes that the integrity of the competitions can be interpreted by specific behavior, which leaves doubts about the implementation of the UEFA principles of legality, clarity, and predictability of regulations.
Ключевые слова / Keywords:
the principle of integrity, compliance with the ethics of sports, UEFA clubs` competitions, Football Superleague, sports liability.
Аннотация / Annotation:
This article examines the provisions of Art. 11 “Basic Principles of Conduct” of the UEFA Disciplinary Regulations, which requires clubs to comply with the principle of competitions` integrity. This principle is considered in parallel with the ethics of sport required by UEFA from clubs. As a result, the author concludes that the integrity of the competitions can be interpreted by specific behavior, which leaves doubts about the implementation of the UEFA principles of legality, clarity, and predictability of regulations.
Ключевые слова / Keywords:
the principle of integrity, compliance with the ethics of sports, UEFA clubs` competitions, Football Superleague, sports liability.
RASSOKHIN A.V. Rassokhin A.V. – Candidate of Law
On the issue of efficiency and quality of legislation on public administration of the Russian Federation, in the conditions of informatization
Страницы / Pages: 72-78
Аннотация / Annotation:
The scientific article analyzes the problems of improving the quality and efficiency of public administration in the Russian Federation based on the study of legislation, taking into account new risks to the rights of citizens, society and state sovereignty of Russia in the conditions of informatization.
Ключевые слова / Keywords:
efficiency, quality; public administration; legislation of the Russian Federation; legislative research tools; information technology; legal mechanism.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The scientific article analyzes the problems of improving the quality and efficiency of public administration in the Russian Federation based on the study of legislation, taking into account new risks to the rights of citizens, society and state sovereignty of Russia in the conditions of informatization.
Ключевые слова / Keywords:
efficiency, quality; public administration; legislation of the Russian Federation; legislative research tools; information technology; legal mechanism.
SPIRIN A. V. Spirin A. V. – Candidate of Law, Associate professor
On the indictment authorities in criminal proceedings
Страницы / Pages: 79-88
Аннотация / Annotation:
The article considers the prospects for using the concept of “prosecutorial power” in research on problems of criminal proceedings. The author reveals the history of the emergence of this concept, analyzes the opinions of scientists on its content, gives examples of its application in judicial acts. The article concludes that the appeal to the design under study provides additional opportunities to justify the logically justified separation of powers of state bodies and officials in criminal proceedings.
Ключевые слова / Keywords:
indictment authority, prosecutor, investigator, prosecution, court.
Аннотация / Annotation:
The article considers the prospects for using the concept of “prosecutorial power” in research on problems of criminal proceedings. The author reveals the history of the emergence of this concept, analyzes the opinions of scientists on its content, gives examples of its application in judicial acts. The article concludes that the appeal to the design under study provides additional opportunities to justify the logically justified separation of powers of state bodies and officials in criminal proceedings.
Ключевые слова / Keywords:
indictment authority, prosecutor, investigator, prosecution, court.
MAKARKINA O.E. Makarkina O.E. – candidate of pedagogical Sciences, associate Professor
The orientation of conditionally convicted minors and its dependence on the conditions of the microenvironment
Страницы / Pages: 89-95
Аннотация / Annotation:
The article presents an overview of the results of a practical study of the concept of “orientation of conditionally convicted minors”. The analysis of the presented problem made it possible to reveal and substantiate the correlation of the orientation of the personality and the conditions of the microenvironment in determining the ways and factors contributing to the achievement of a positive orientation in convicts, as well as the formation of attitudes to a law-abiding lifestyle.
Ключевые слова / Keywords:
probationers, juvenile convicts, penal enforcement system, personality orientation.
Аннотация / Annotation:
The article presents an overview of the results of a practical study of the concept of “orientation of conditionally convicted minors”. The analysis of the presented problem made it possible to reveal and substantiate the correlation of the orientation of the personality and the conditions of the microenvironment in determining the ways and factors contributing to the achievement of a positive orientation in convicts, as well as the formation of attitudes to a law-abiding lifestyle.
Ключевые слова / Keywords:
probationers, juvenile convicts, penal enforcement system, personality orientation.
KHATSIANEVICH T.G. Khatsianevich T.G. – candidate of juridical sciences, associate professor
Some issues of criminalization of involvement in the commitment of crimes in the light of increased guarantees of legal protection of minors
Страницы / Pages: 96-106
Аннотация / Annotation:
The criteria of criminalization that characterize the objective and subjective properties of involving a minor in the commission of a crime are analyzed. The basis and reasons for the criminal law prohibition are determined. The inclusion of new criminogenic features is proposed, which is aimed at strengthening the criminal law protection of the vital interests of the child.
Ключевые слова / Keywords:
child, interests of a minor, criminal law protection, crime-generating feature.
PAGES OF HISTORYАннотация / Annotation:
The criteria of criminalization that characterize the objective and subjective properties of involving a minor in the commission of a crime are analyzed. The basis and reasons for the criminal law prohibition are determined. The inclusion of new criminogenic features is proposed, which is aimed at strengthening the criminal law protection of the vital interests of the child.
Ключевые слова / Keywords:
child, interests of a minor, criminal law protection, crime-generating feature.
BURDUN V.N. Burdun V.N. – Candidate of Historical Sciences, Associate Professor
MAKHROV A.M. Makhrov A.M. – Candidate of Historical Sciences, Professor
Kuban Cossacks’ Participation in the First World War in the Studies of The Post-Soviet Period (Late XX – Early XXI Centuries)
Страницы / Pages: 107-114
Аннотация / Annotation:
The article examines the research works of several modern historians devoted to the participation of the Kuban Cossacks in the First World War in the European and Caucasian theaters of military operations.
Ключевые слова / Keywords:
Kuban Cossacks, plastuns, First World War, G.L. Voskoboynikov, V.G. Trut, O.V. Matveev, historiography.
Аннотация / Annotation:
The article examines the research works of several modern historians devoted to the participation of the Kuban Cossacks in the First World War in the European and Caucasian theaters of military operations.
Ключевые слова / Keywords:
Kuban Cossacks, plastuns, First World War, G.L. Voskoboynikov, V.G. Trut, O.V. Matveev, historiography.
TARASENKO YU. Tarasenko Yu. – PhD in law, associate professor
Trading yards as the forerunner of modern companies
Страницы / Pages: 115-122
Аннотация / Annotation:
The historical prototype of the statutory associations of the modern type were companies that arose in the 16th – 17th centuries. In turn, the forerunner of companies were such forms of organization of medieval trade as trading yards, based on the guild principle of separation of professional interests. A common connecting element for trading yards and companies was the presence of a charter as a document regulating their internal activities.
Ключевые слова / Keywords:
trading yard, trading house, charter, memorandum of association, company, corporation, legal entities, guild, society, merchants.
Аннотация / Annotation:
The historical prototype of the statutory associations of the modern type were companies that arose in the 16th – 17th centuries. In turn, the forerunner of companies were such forms of organization of medieval trade as trading yards, based on the guild principle of separation of professional interests. A common connecting element for trading yards and companies was the presence of a charter as a document regulating their internal activities.
Ключевые слова / Keywords:
trading yard, trading house, charter, memorandum of association, company, corporation, legal entities, guild, society, merchants.