Право и образование
№ 05 • 2023
THEORY QUESTIONS
PANKEVICH N.V. Pankevich N.V. – Candidate of Political Sciences, Associate Professor
RUDENKO V.V. Rudenko V.V. – Candidate of Law
Approaches to the study of civil consciousness in law
Страницы / Pages: 4-10
Аннотация / Annotation:
The article discusses possible methodological keys and approaches to develop a mechanism of legal regulation in sake of civil consciousness formation and strengthening in Russia. The authors come to the conclusion that it is necessary to use a systematic interdisciplinary approach, which takes into account recognition of self-consciousness as an integral part of personality. The selection of effective tools for the legal regulation of civil consciousness is possible on the basis of a combination of methods and approaches (teleological and axiological methods, the method of system analysis, means of legal comparative studies, instrumental approach and other).
Ключевые слова / Keywords:
research methods, value regulators, identity, civic self-consciousness, civil consent.
Аннотация / Annotation:
The article discusses possible methodological keys and approaches to develop a mechanism of legal regulation in sake of civil consciousness formation and strengthening in Russia. The authors come to the conclusion that it is necessary to use a systematic interdisciplinary approach, which takes into account recognition of self-consciousness as an integral part of personality. The selection of effective tools for the legal regulation of civil consciousness is possible on the basis of a combination of methods and approaches (teleological and axiological methods, the method of system analysis, means of legal comparative studies, instrumental approach and other).
Ключевые слова / Keywords:
research methods, value regulators, identity, civic self-consciousness, civil consent.
DEGTYAREV M.V. Degtyarev M.V. – PhD (Law)
The concept of legal innovation
Страницы / Pages: 11-20
Аннотация / Annotation:
The article is devoted to the completion of the author’s scientific public-legal theory of innovativeness in law. The basis of this theory is a complex of scientific views and explanations concerning the content and ontology of innovative public-law regimes and orders. The author studied 59 foreign Acts (Spain, Argentina, France, Canada, Switzerland, USA, UK, China, Brazil, Mexico), which regulate certain issues of innovation.
Ключевые слова / Keywords:
legal innovation, innovative public law regimes, atypical regulatory technologies, public law, public-legal sciences.
MODERN EDUCATIONАннотация / Annotation:
The article is devoted to the completion of the author’s scientific public-legal theory of innovativeness in law. The basis of this theory is a complex of scientific views and explanations concerning the content and ontology of innovative public-law regimes and orders. The author studied 59 foreign Acts (Spain, Argentina, France, Canada, Switzerland, USA, UK, China, Brazil, Mexico), which regulate certain issues of innovation.
Ключевые слова / Keywords:
legal innovation, innovative public law regimes, atypical regulatory technologies, public law, public-legal sciences.
ILINA I.YU. Ilina I.Yu. – doctor of economic sciences
The communicative potential of a university teacher: problems of development and implementation
Страницы / Pages: 21-27
Аннотация / Annotation:
The article reveals the problems of the development of the communicative potential of university teachers in the conditions of modernization of higher education. The factors determining the specifics of teachers’ communicative strategies in the framework of professional activity, as well as the peculiarities of teachers’ interaction with students, are highlighted. A variant of segmentation of teachers by the level of development and realization of communicative potential is considered.
Ключевые слова / Keywords:
communicative potential, university teachers, communicative interaction of teachers with students, communicative competencies of teachers, segmentation of university teachers
Аннотация / Annotation:
The article reveals the problems of the development of the communicative potential of university teachers in the conditions of modernization of higher education. The factors determining the specifics of teachers’ communicative strategies in the framework of professional activity, as well as the peculiarities of teachers’ interaction with students, are highlighted. A variant of segmentation of teachers by the level of development and realization of communicative potential is considered.
Ключевые слова / Keywords:
communicative potential, university teachers, communicative interaction of teachers with students, communicative competencies of teachers, segmentation of university teachers
BAZYLEV V.N. Bazylev V.N. – Doctor of Philology, Professor
The problems of an expert linguistic training in the system of professional development
Страницы / Pages: 28-37
Аннотация / Annotation:
The article analyzes the problems of training forensic experts in the specialty 26.1. The study of the products of speech activity in the system of university training and professional development. The results of the situational analysis indicate that the inefficiency of the training of linguistic experts is due to three factors: legal, linguistic and organizational and methodological.
Ключевые слова / Keywords:
forensic speech examination, forensic linguistic, doubtful authorship, speaker identification, speech recognition.
Аннотация / Annotation:
The article analyzes the problems of training forensic experts in the specialty 26.1. The study of the products of speech activity in the system of university training and professional development. The results of the situational analysis indicate that the inefficiency of the training of linguistic experts is due to three factors: legal, linguistic and organizational and methodological.
Ключевые слова / Keywords:
forensic speech examination, forensic linguistic, doubtful authorship, speaker identification, speech recognition.
ZINOVIEV P.M. Zinoviev P.M. – candidate of physical and mathematical sciences, Associate Professor
FEDOROVA O.A. Fedorova O.A. – Candidate of Pedagogical Sciences, Associate Professor
Formation of the foundations of ecological culture among younger schoolchildren in the process of studying natural-mathematical disciplines
Страницы / Pages: 38-45
Аннотация / Annotation:
The article deals with the formation of the foundations of ecological culture in the study of mathematics and the surrounding world in elementary school. The search is being carried out for effective forms and methods of forming the foundations of ecological culture among the younger generation, technologies for the development of personal interaction of younger schoolchildren with natural objects. Fifteen-year experience of work of collectives of educational organizations of the Saratov region on implementation of socially significant regional projects is presented.
Ключевые слова / Keywords:
ecological culture, junior school student, disciplines “Mathematics” and “The world around”, scheduled and extracurricular activities, project activities.
EDUCATIONAL LAWАннотация / Annotation:
The article deals with the formation of the foundations of ecological culture in the study of mathematics and the surrounding world in elementary school. The search is being carried out for effective forms and methods of forming the foundations of ecological culture among the younger generation, technologies for the development of personal interaction of younger schoolchildren with natural objects. Fifteen-year experience of work of collectives of educational organizations of the Saratov region on implementation of socially significant regional projects is presented.
Ключевые слова / Keywords:
ecological culture, junior school student, disciplines “Mathematics” and “The world around”, scheduled and extracurricular activities, project activities.
MATYUSHEVA T.N. Matyusheva T.N. – Doctor of Law
Improvement of the constitutional and legal regulation of the right to education in the system of guarantees of its implementation in the Russian Federation
Страницы / Pages: 46-50
Аннотация / Annotation:
At present, the Constitution of the Russian Federation of 1993 is becoming a real and effective factor in social development. After determining the need to change the content of many legal norms regulating, in particular, guarantees for the realization of the right to education, developing proposals and recommendations aimed at improving the constitutional and legal regulation of establishing and exercising the right to education for children with a special social status, basically, a prerequisite was created for formation and proper consolidation of the main mechanisms to ensure the implementation by a citizen of the Russian Federation of the constitutional right to education.
Ключевые слова / Keywords:
constitutional right to education, system of guarantees of rights and freedoms, accessibility and quality of education, constitutional and legal regulation, family education, normative and legislative base, human rights generations.
Аннотация / Annotation:
At present, the Constitution of the Russian Federation of 1993 is becoming a real and effective factor in social development. After determining the need to change the content of many legal norms regulating, in particular, guarantees for the realization of the right to education, developing proposals and recommendations aimed at improving the constitutional and legal regulation of establishing and exercising the right to education for children with a special social status, basically, a prerequisite was created for formation and proper consolidation of the main mechanisms to ensure the implementation by a citizen of the Russian Federation of the constitutional right to education.
Ключевые слова / Keywords:
constitutional right to education, system of guarantees of rights and freedoms, accessibility and quality of education, constitutional and legal regulation, family education, normative and legislative base, human rights generations.
BIRYUKOV S.V. Biryukov S.V. – candidate of jurisprudence, docent
Free higher education is not the first time?
Страницы / Pages: 51-55
Аннотация / Annotation:
The article touches upon the problem of legal uncertainty related to the right of citizens to receive higher education free of charge in relation to persons enrolled in a place funded by the budget during the period of receiving education under another higher education program. Possible interpretations of federal legislation and ways to solve the problem are considered.
Ключевые слова / Keywords:
educational law, the right to education, higher education, restriction of rights, legal activity.
HOT TOPICАннотация / Annotation:
The article touches upon the problem of legal uncertainty related to the right of citizens to receive higher education free of charge in relation to persons enrolled in a place funded by the budget during the period of receiving education under another higher education program. Possible interpretations of federal legislation and ways to solve the problem are considered.
Ключевые слова / Keywords:
educational law, the right to education, higher education, restriction of rights, legal activity.
MILKEVICH O.A. Milkevich O.A. – Doctor of Pedagogical Sciences
SOKOLSKAYA L.V. Sokolskaya L.V. – candidate of Law
Stages of implementation of the modern domestic educational policy in the sphere of education
Страницы / Pages: 56-64
Аннотация / Annotation:
The article presents the results of a study of the state educational policy in education over the past decades. Based on the study of the materials, the authors of the article substantiate the stages of development of the state educational policy in education in 1992–2022, reflecting the essence and significance of education from the perspective of the tasks of the state and the conditions for their implementation, determine the prospects for the development of the state request in the education of the younger generation, formulate possible risks of the implementation of the tasks of education.
Ключевые слова / Keywords:
state educational policy, education, legal regulation of education, legislation.
Аннотация / Annotation:
The article presents the results of a study of the state educational policy in education over the past decades. Based on the study of the materials, the authors of the article substantiate the stages of development of the state educational policy in education in 1992–2022, reflecting the essence and significance of education from the perspective of the tasks of the state and the conditions for their implementation, determine the prospects for the development of the state request in the education of the younger generation, formulate possible risks of the implementation of the tasks of education.
Ключевые слова / Keywords:
state educational policy, education, legal regulation of education, legislation.
GERASHCHENKO I.G. Gerashchenko I.G. – Doctor of Sciences (Philosophy), Professor
GERASHCHENKO A.I. Gerashchenko A.I. –
Types of globalization in the context of legal problems
Страницы / Pages: 65-72
Аннотация / Annotation:
The article considers the types of globalization in the historical aspect. Christian globalization, communist globalization, fascist globalization, liberal market globalization are singled out in the context of their solution of legal, political and economic problems. The trend of transition from the last form of globalization to a multipolar world is shown.
Ключевые слова / Keywords:
globalization, legal problems, religious globalization, communist globalization, liberal market globalization, multipolar world.
Аннотация / Annotation:
The article considers the types of globalization in the historical aspect. Christian globalization, communist globalization, fascist globalization, liberal market globalization are singled out in the context of their solution of legal, political and economic problems. The trend of transition from the last form of globalization to a multipolar world is shown.
Ключевые слова / Keywords:
globalization, legal problems, religious globalization, communist globalization, liberal market globalization, multipolar world.
BORODINA Z.N. Borodina Z.N. – Ph.D., associate professor
Smart contract: features of the legal structure
Страницы / Pages: 73-79
Аннотация / Annotation:
The article discusses the legal nature of a smart contract. As a result of the analysis of legislative norms and law enforcement practice, the author concludes that a smart contract is a special way of monitoring compliance with the execution of a transaction concluded in electronic form, presented in the corresponding computer program. It is also proposed to highlight at the legislative level certain ways to protect digital rights due to their special nature.
Ключевые слова / Keywords:
digital rights, smart contract, blockchain, computer program, oracle.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article discusses the legal nature of a smart contract. As a result of the analysis of legislative norms and law enforcement practice, the author concludes that a smart contract is a special way of monitoring compliance with the execution of a transaction concluded in electronic form, presented in the corresponding computer program. It is also proposed to highlight at the legislative level certain ways to protect digital rights due to their special nature.
Ключевые слова / Keywords:
digital rights, smart contract, blockchain, computer program, oracle.
GLADILINA I.P. Gladilina I.P. – Doctor of Pedagogical Sciences, Professor
Сritical thinking in the meta-language system for effective adult learning
Страницы / Pages: 80-86
Аннотация / Annotation:
The article discusses the author’s approach, which reveals the importance of critical thinking in the system of metaskills for effective adult learning.
Ключевые слова / Keywords:
meta-skills, critical thinking, educational interaction.
Аннотация / Annotation:
The article discusses the author’s approach, which reveals the importance of critical thinking in the system of metaskills for effective adult learning.
Ключевые слова / Keywords:
meta-skills, critical thinking, educational interaction.
KARKHALEV D.N. Karkhalev D.N. – doctor of jurisprudence
TOMINA A.P. Tomina A.P. – Candidate of legal sciences, docent
Commercial designation in civil circulation
Страницы / Pages: 87-92
Аннотация / Annotation:
The article соnsideres the actual problems of defense of civil rights and responsibility realization defense function of civil law in relations of commercial designation.
Ключевые слова / Keywords:
defense of civil rights, responsibility in civil law, defense relations, commercial designation.
Аннотация / Annotation:
The article соnsideres the actual problems of defense of civil rights and responsibility realization defense function of civil law in relations of commercial designation.
Ключевые слова / Keywords:
defense of civil rights, responsibility in civil law, defense relations, commercial designation.
POZDYSHEV R.S. Pozdyshev R.S. – Candidate of law science
NAZARYCHEV D.V. Nazarychev D.V. – Candidate of economic science, associate professor
Countering crimes related to the withdrawal of capital abroad at the present stage
Страницы / Pages: 93-102
Аннотация / Annotation:
The article analyzes the problematic issues that arise during the investigation of crimes related to the illegal withdrawal of funds abroad. The materials of judicial and investigative practice in this category of criminal cases are considered, as well as the difficulties faced by investigators in their investigation. In the course of the study, the positive experience of countering the currency crimes under consideration was revealed and ways to improve investigative practice were proposed.
Ключевые слова / Keywords:
illegal withdrawal of capital abroad, currency crimes, evasion of obligations to repatriate funds, preliminary investigation.
PAGES OF HISTORYАннотация / Annotation:
The article analyzes the problematic issues that arise during the investigation of crimes related to the illegal withdrawal of funds abroad. The materials of judicial and investigative practice in this category of criminal cases are considered, as well as the difficulties faced by investigators in their investigation. In the course of the study, the positive experience of countering the currency crimes under consideration was revealed and ways to improve investigative practice were proposed.
Ключевые слова / Keywords:
illegal withdrawal of capital abroad, currency crimes, evasion of obligations to repatriate funds, preliminary investigation.
MONAKOV M.S. Monakov M.S. – doctor of historical sciences
LASHKOV A.JU. Lashkov A.Ju. – doctor of historical sciences, assistant professor
Military History Role as the Component of the Historical Investigation as well of the Military Research
Страницы / Pages: 103-112
Аннотация / Annotation:
The obstacles during the military historical studies depended mainly on the belonging of the problems of the Military History to the Historical Investigations and the Military Research simultaneously. The article considers this issue. The authors are stating, the researchers have to bear obstacles of that kind in mind during the all stage of studies.
Ключевые слова / Keywords:
military history, military science, military research, military history research, military history study.
Аннотация / Annotation:
The obstacles during the military historical studies depended mainly on the belonging of the problems of the Military History to the Historical Investigations and the Military Research simultaneously. The article considers this issue. The authors are stating, the researchers have to bear obstacles of that kind in mind during the all stage of studies.
Ключевые слова / Keywords:
military history, military science, military research, military history research, military history study.
LEBEDEV A.V. Lebedev A.V. –
Experience in information support organizing for the internal troops of the Ministry of internal affairs of Russia in special conditions in the 1990s–2000s
Страницы / Pages: 113-121
Аннотация / Annotation:
The article tells about the little-explored pages of the history of information support for the internal troops of the Ministry of Internal Affairs of Russia during the settlement of internal armed conflicts in 1990-2000 on the territory of the North Caucasus region. The prerequisites for the creation of an information support system for internal troops, the peculiarities of the functioning of press services and departmental media in a difficult, unpredictable environment, the main directions of their work are considered.
Ключевые слова / Keywords:
special conditions, information support, internal troops, press services, departmental media.
Аннотация / Annotation:
The article tells about the little-explored pages of the history of information support for the internal troops of the Ministry of Internal Affairs of Russia during the settlement of internal armed conflicts in 1990-2000 on the territory of the North Caucasus region. The prerequisites for the creation of an information support system for internal troops, the peculiarities of the functioning of press services and departmental media in a difficult, unpredictable environment, the main directions of their work are considered.
Ключевые слова / Keywords:
special conditions, information support, internal troops, press services, departmental media.