Право и образование
№ 06 • 2020
THEORY QUESTIONS
KERIMOV A.D. Kerimov A.D. – Professor, Doctor of Law
The modern world civilization major development trend
Страницы / Pages: 4-11
Аннотация / Annotation:
The article highlights that at the present stage of development, world civilization is entering a transition period – the period of the extinction of the old and the birth of a new society and a new person. The author is convinced that the inevitability of a new era is coming – the era of post-market, post-capitalist relations, post-economic or post-material needs, post-bourgeois morality, values, attitudes and ideals.
Ключевые слова / Keywords:
political and economic elite, capitalism, era, bourgeoisie, social processes, being.
Аннотация / Annotation:
The article highlights that at the present stage of development, world civilization is entering a transition period – the period of the extinction of the old and the birth of a new society and a new person. The author is convinced that the inevitability of a new era is coming – the era of post-market, post-capitalist relations, post-economic or post-material needs, post-bourgeois morality, values, attitudes and ideals.
Ключевые слова / Keywords:
political and economic elite, capitalism, era, bourgeoisie, social processes, being.
BERLIAVSKY L.G. Berliavsky L.G. – Doctor of Science (History), Candidate of Science (Law)
The problem of sources of law in modern legal science
Страницы / Pages: 12-18
Аннотация / Annotation:
The article explores the problem of sources of law in modern legal science. The category of sources of law is the starting point for all other categories of jurisprudence, it is equated with the basic problem of legal understanding. The transformation of the system of forms of existence of law was reflected in the quantitative and qualitative characteristics of the study of sources of law.
Ключевые слова / Keywords:
source of law, legal science, legal understanding, transformation, forms of existence of law.
Аннотация / Annotation:
The article explores the problem of sources of law in modern legal science. The category of sources of law is the starting point for all other categories of jurisprudence, it is equated with the basic problem of legal understanding. The transformation of the system of forms of existence of law was reflected in the quantitative and qualitative characteristics of the study of sources of law.
Ключевые слова / Keywords:
source of law, legal science, legal understanding, transformation, forms of existence of law.
LANOVAYA G.M. Lanovaya G.M. – Doctor of juridical sciences, associate professor
CORPORATE (INTRAFIRM) LAW OF THE POST-INDUSTRIAL ERA: FEATURES AND TRENDS OF CHANGE
Страницы / Pages: 19-25
Аннотация / Annotation:
The article is devoted to the most significant changes taking place in the conditions of postindustrialism in corporate law as an important component of the system of internal corporate management. Based on the analysis of factors that have a significant impact on both the corporate systems themselves and the environment of their functioning, General trends in corporate law and its parameters are identified.
Ключевые слова / Keywords:
corporate (intra-firm) law, modern state, post-industrial society, corporate norms, corporate relations, state regulation of corporate relations.
Аннотация / Annotation:
The article is devoted to the most significant changes taking place in the conditions of postindustrialism in corporate law as an important component of the system of internal corporate management. Based on the analysis of factors that have a significant impact on both the corporate systems themselves and the environment of their functioning, General trends in corporate law and its parameters are identified.
Ключевые слова / Keywords:
corporate (intra-firm) law, modern state, post-industrial society, corporate norms, corporate relations, state regulation of corporate relations.
DUBININA E.N. Dubinina E.N. – PhD in law
Basic needs and interests of modern states in the international arena, the problem of their securitization
Страницы / Pages: 26-31
Аннотация / Annotation:
This article addresses the content of the needs of States that are basic to its functioning in the international arena, as well as the informed needs that become public interests. It is argued that the basic needs of States are those that allow for the very existence of a State in international space.
Ключевые слова / Keywords:
state, law, politics, needs, interests of the state, functioning of the state, resources, state security, sovereignty, securitization.
MODERN EDUCATIONАннотация / Annotation:
This article addresses the content of the needs of States that are basic to its functioning in the international arena, as well as the informed needs that become public interests. It is argued that the basic needs of States are those that allow for the very existence of a State in international space.
Ключевые слова / Keywords:
state, law, politics, needs, interests of the state, functioning of the state, resources, state security, sovereignty, securitization.
NOVIKOVA E.YU. Novikova E.Yu. – doctor of philosophical Sciences, Professor
Paradigms of e-education in Russia: approaches and practices
Страницы / Pages: 32-41
Аннотация / Annotation:
The article considers the paradigms of e-education, that are common in the Russian educational space. Three paradigms are identified: cognitive-informational, socioanthropological, and existential. The difference in paradigms is related to different tasks of educational practices, different forms of implementation of personal and competence approaches.
Ключевые слова / Keywords:
paradigm, e-education, method, didactics, student, personality, competence.
Аннотация / Annotation:
The article considers the paradigms of e-education, that are common in the Russian educational space. Three paradigms are identified: cognitive-informational, socioanthropological, and existential. The difference in paradigms is related to different tasks of educational practices, different forms of implementation of personal and competence approaches.
Ключевые слова / Keywords:
paradigm, e-education, method, didactics, student, personality, competence.
SUCHILKINA E.V. Suchilkina E.V. – Candidate of Historical Sciences, Associate Professor
NIKITINA M.E. Nikitina M.E. – Candidate of Historical Sciences
THE PROBLEM OF FORMATION OF INNOVATIVE UNIVERSITY IN RUSSIA
Страницы / Pages: 42-47
Аннотация / Annotation:
The purpose of this work is to analyze the innovative vector of education development in modern conditions. Along with the traditional and wellestablished in the educational space models of universities emerge a completely new, alternative models. The features of the formation of a new type of University – an innovative University-are revealed. Emphasis is placed on the role of the state in relation to the modeling of domestic higher education.
Ключевые слова / Keywords:
the system of higher education, the University model, «innovative University», the model of a socially active University, the quality of education, the innovations in education.
Аннотация / Annotation:
The purpose of this work is to analyze the innovative vector of education development in modern conditions. Along with the traditional and wellestablished in the educational space models of universities emerge a completely new, alternative models. The features of the formation of a new type of University – an innovative University-are revealed. Emphasis is placed on the role of the state in relation to the modeling of domestic higher education.
Ключевые слова / Keywords:
the system of higher education, the University model, «innovative University», the model of a socially active University, the quality of education, the innovations in education.
KUZNETSOV M.I. Kuznetsov M.I. – Сandidate of Рedagogical Sciences, Associate Professor
Аbout improving training in software correspondence form in educational organizations FPS of Russia.
Страницы / Pages: 48-53
Аннотация / Annotation:
Тhe article analyzes the importance of distance education for increasing the level of personnel potential of the criminal Executive system of our country. The article describes the characteristics of educational organizations of the Federal penitentiary service, a brief description of those who study in them in absentia. Measures are proposed to improve the effectiveness of this area of activity of departmental universities.
Ключевые слова / Keywords:
Federal penitentiary service, educational organizations, distance learning.
Аннотация / Annotation:
Тhe article analyzes the importance of distance education for increasing the level of personnel potential of the criminal Executive system of our country. The article describes the characteristics of educational organizations of the Federal penitentiary service, a brief description of those who study in them in absentia. Measures are proposed to improve the effectiveness of this area of activity of departmental universities.
Ключевые слова / Keywords:
Federal penitentiary service, educational organizations, distance learning.
SAVCHENKOV A.V. Savchenkov A.V. – candidate of Pedagogical Sciences
KARAPUZIKOV A.A.
Karapuzikov A.A.
–
METHODOLOGICAL APPROACHES AND PRINCIPLES OF FUNCTIONING OF THE SYSTEM OF PREPARATION OF CADETS OF SPECIAL HIGHER EDUCATION INSTITUTIONS FOR ACTIVITY IN EXTREME SITUATIONS
Страницы / Pages: 54-62
Аннотация / Annotation:
This article considers the content of the system of preparation of cadets of universities of the Ministry of Emergency Situations of Russia for activities in extreme situations, as well as pedagogical conditions of its successful functioning. Methodological approaches and principles of the training system functioning were analysed. Technologies of formation of pedagogical conditions are described, content of special course «Readiness to activity in extreme situations» is presented, as well as results of experimental study are presented.
Ключевые слова / Keywords:
training system for cadets of universities EMERCOM of Russia, extreme situation, systemic, axiological and resource-environmental approaches.
Аннотация / Annotation:
This article considers the content of the system of preparation of cadets of universities of the Ministry of Emergency Situations of Russia for activities in extreme situations, as well as pedagogical conditions of its successful functioning. Methodological approaches and principles of the training system functioning were analysed. Technologies of formation of pedagogical conditions are described, content of special course «Readiness to activity in extreme situations» is presented, as well as results of experimental study are presented.
Ключевые слова / Keywords:
training system for cadets of universities EMERCOM of Russia, extreme situation, systemic, axiological and resource-environmental approaches.
LARIONOVA M.A. Larionova M.A. – candidate of jurisprudence
MIKHALEVA G.G.
Mikhaleva G.G.
–
Analysis of judicial practice on disputes on performance of target education agreements
Страницы / Pages: 63-69
Аннотация / Annotation:
Currently, there have been significant changes in the mechanism of targeted contract training, which took shape during the Soviet period of development of our state, when there was a planned economy and a mandatory distribution of graduates. Legislative regulation in this area has undergone significant changes, which causes an urgent need to study the issues of application practice, including judicial practice, of the provisions on targeted training. This is the subject of this article.
Ключевые слова / Keywords:
target training agreement; responsibility of the parties; employment contract; graduate.
WE DISCUSS THE PROBLEMАннотация / Annotation:
Currently, there have been significant changes in the mechanism of targeted contract training, which took shape during the Soviet period of development of our state, when there was a planned economy and a mandatory distribution of graduates. Legislative regulation in this area has undergone significant changes, which causes an urgent need to study the issues of application practice, including judicial practice, of the provisions on targeted training. This is the subject of this article.
Ключевые слова / Keywords:
target training agreement; responsibility of the parties; employment contract; graduate.
GLADILINA I.P. Gladilina I.P. – doctor of pedagogical Sciences, Professor
Managing changes in the digital economy in terms of human resources in the field of procurement
Страницы / Pages: 70-77
Аннотация / Annotation:
The article considers the author’s approach, which reveals the importance of human resources in the sphere of public procurement in improving the system of effective management of changes in the digital economy, in connection with the increase in modern requirements for the professionalism of employees .
Ключевые слова / Keywords:
digital economy, human resources, digital technologies in professional standards, public procurement.
Аннотация / Annotation:
The article considers the author’s approach, which reveals the importance of human resources in the sphere of public procurement in improving the system of effective management of changes in the digital economy, in connection with the increase in modern requirements for the professionalism of employees .
Ключевые слова / Keywords:
digital economy, human resources, digital technologies in professional standards, public procurement.
ORLOV A.A. Orlov A.A. – candidate of legal Sciences
Issues of paying salaries to athletes during the pandemic
Страницы / Pages: 78-85
Аннотация / Annotation:
The article deals with the specifics of paying salaries to athletes during the suspension of physical culture and sports events. The article analyzes the grounds for payment of wages not in full, including if the athlete does not perform work duties. The risks of bringing the employer to administrative and criminal liability are assessed.
Ключевые слова / Keywords:
sports, sports events, wages, performance of labor duties.
Аннотация / Annotation:
The article deals with the specifics of paying salaries to athletes during the suspension of physical culture and sports events. The article analyzes the grounds for payment of wages not in full, including if the athlete does not perform work duties. The risks of bringing the employer to administrative and criminal liability are assessed.
Ключевые слова / Keywords:
sports, sports events, wages, performance of labor duties.
VASINA S.M. Vasina S.M. – Candidate of Historical Sciences, Associate Professor
KUSKOV A.S. Kuskov A.S. – Candidate of Cultural Studies, Associate Professor
NEW DEVELOPMENTS AND PROBLEMS IN THE LEGAL REGULATION OF PILGRIMAGE AND RELIGIOUS TOURISM
Страницы / Pages: 86-97
Аннотация / Annotation:
The new developments of the legal regulation of pilgrimage and religious tourism are described; identified problems related to the definition and ratio of the concepts of «religious tourism» and «pilgrimage», the establishment of cooperation between tourist and religious organizations, the substitution of tourist activities by pilgrimage in the sphere of outbound tourism, the carrying of civil liability of religious associations when organizing pilgrimage trips, ways of resolving them are proposed.
Ключевые слова / Keywords:
pilgrimage trip; pilgrimage; religious organization; religious tourism; tourism; tourist; tourist product; tour operator.
Аннотация / Annotation:
The new developments of the legal regulation of pilgrimage and religious tourism are described; identified problems related to the definition and ratio of the concepts of «religious tourism» and «pilgrimage», the establishment of cooperation between tourist and religious organizations, the substitution of tourist activities by pilgrimage in the sphere of outbound tourism, the carrying of civil liability of religious associations when organizing pilgrimage trips, ways of resolving them are proposed.
Ключевые слова / Keywords:
pilgrimage trip; pilgrimage; religious organization; religious tourism; tourism; tourist; tourist product; tour operator.
DUVANOV N.J. Duvanov N.J. – Candidate of juridical sciences
Problems in Qualification of Illegal Extraction of Aquatic Biological Resources Causing Major Damages
Страницы / Pages: 98-104
Аннотация / Annotation:
The article explores a scientific understanding of the problem in qualifying a crime under paragraph «a» of the first part of Article 256 in the Criminal Law of Russian Federation. The author examines the classification of socially dangerous consequences of crimes that have a material composition, explores the relations of harm and damage concepts in the field of environmental protection, and describes a distinction between finished and unfinished corpus delicti chosen in the approach.
Ключевые слова / Keywords:
Illegal extraction of aquatic biological resources, environmental damage, major damage, attempted crime.
Аннотация / Annotation:
The article explores a scientific understanding of the problem in qualifying a crime under paragraph «a» of the first part of Article 256 in the Criminal Law of Russian Federation. The author examines the classification of socially dangerous consequences of crimes that have a material composition, explores the relations of harm and damage concepts in the field of environmental protection, and describes a distinction between finished and unfinished corpus delicti chosen in the approach.
Ключевые слова / Keywords:
Illegal extraction of aquatic biological resources, environmental damage, major damage, attempted crime.
ZHIGAREVA O.G. Zhigareva O.G. – Candidate of pedagogical sciences
A standing or sedentary lifestyle – the choice of students as future specialists
Страницы / Pages: 105-109
Аннотация / Annotation:
In the modern world, people spend more and more time in a sitting position: at home, in transport, office, cafe and so on. Especially a lot of time a person sits in front of a computer at work. The student’s lifestyle is practically no different from the lifestyle of the office worker. Lack of motor activity cannot but affect human health. In this regard, a new trend has emerged – a «standing lifestyle». But is it a worthy substitute for a «sedentary lifestyle»?
Ключевые слова / Keywords:
sedentary and upright lifestyle, student, trend, health, diseases, recommendations, physical activity.
PAGES OF HISTORYАннотация / Annotation:
In the modern world, people spend more and more time in a sitting position: at home, in transport, office, cafe and so on. Especially a lot of time a person sits in front of a computer at work. The student’s lifestyle is practically no different from the lifestyle of the office worker. Lack of motor activity cannot but affect human health. In this regard, a new trend has emerged – a «standing lifestyle». But is it a worthy substitute for a «sedentary lifestyle»?
Ключевые слова / Keywords:
sedentary and upright lifestyle, student, trend, health, diseases, recommendations, physical activity.
ZVONAREV A.V. Zvonarev A.V. – candidate of historical sciences, associate professor
PASHENTSEV D.A. Pashentsev D.A. – doctor of legal sciences, professor
INFLUENCE OF THE CRIMINAL CODE OF THE RUSSIAN EMPIRE
ON THE FORMATION OF THE LAW OF THE REPUBLIC OF LATVIA (1918-EARLY 1920S)
Страницы / Pages: 110-117
Аннотация / Annotation:
The article analyzes the unique historical and legal experience associated with the influence of the Criminal code of 1903 on the formation of the criminal law of the Republic of Latvia in the initial period of its existence. A specific example shows the rich possibilities of borrowing norms and institutions of foreign law when creating national legislation based on a combination of legal traditions and innovations. The conclusion is made about the important role of legal science and legal doctrine in the modernization of law in the crisis moments of history.
Ключевые слова / Keywords:
Criminal code of 1903, Republic of Latvia, history of criminal law, Provisional government, legal tradition, historical and anthropological methodology, revolution.
Аннотация / Annotation:
The article analyzes the unique historical and legal experience associated with the influence of the Criminal code of 1903 on the formation of the criminal law of the Republic of Latvia in the initial period of its existence. A specific example shows the rich possibilities of borrowing norms and institutions of foreign law when creating national legislation based on a combination of legal traditions and innovations. The conclusion is made about the important role of legal science and legal doctrine in the modernization of law in the crisis moments of history.
Ключевые слова / Keywords:
Criminal code of 1903, Republic of Latvia, history of criminal law, Provisional government, legal tradition, historical and anthropological methodology, revolution.
PROTASOV YU.S. Protasov Yu.S. – Сandidate of historical sciences
The staffing process and social security of policemen in pre-revolutionary Russia
Страницы / Pages: 118-124
Аннотация / Annotation:
The article is devoted to the development of staffing policy in law enforcement agencies of the Russian state, as well as police officers’ social security in pre-revolutionary Russia.
Ключевые слова / Keywords:
recruitment, police rank, social security, police reserve, allowance.
Аннотация / Annotation:
The article is devoted to the development of staffing policy in law enforcement agencies of the Russian state, as well as police officers’ social security in pre-revolutionary Russia.
Ключевые слова / Keywords:
recruitment, police rank, social security, police reserve, allowance.
SANGULIYA A.D.
Sanguliya A.D.
–
STATE AND LEGAL DEVELOPMENT OF THE ABKHAZIAN ASSR (on the example of the Constitution of the Abkhazian ASSR of 1978)
Страницы / Pages: 125-136
Аннотация / Annotation:
The article is devoted to the issue of state-legal construction of the Abkhazian ASSR on the example of the Constitution of the Abkhazian ASSR of 1978. In order to study the process of formation and development of state-legal institutions of the Abkhazian ASSR and their role in national state building, the article analyzes the Soviet Constitution.
Ключевые слова / Keywords:
USSR, Abkhazian ASSR, Constitution, state body, sovereignty, autonomy, self-determination territory, citizenship, national statehood.
SCIENTIFIC DEBUTАннотация / Annotation:
The article is devoted to the issue of state-legal construction of the Abkhazian ASSR on the example of the Constitution of the Abkhazian ASSR of 1978. In order to study the process of formation and development of state-legal institutions of the Abkhazian ASSR and their role in national state building, the article analyzes the Soviet Constitution.
Ключевые слова / Keywords:
USSR, Abkhazian ASSR, Constitution, state body, sovereignty, autonomy, self-determination territory, citizenship, national statehood.
APASOVA YU.N.
Apasova Yu.N.
–
Right to judicial legal translation
Страницы / Pages: 137-145
Аннотация / Annotation:
The article is devoted to the research of the right to judicial legal translation as parasynthetic right, the author’s concept of which is provided in the work. The conclusion is drawn on insufficiency and deficiency in the field of legal regulatory support of the specified right.
Ключевые слова / Keywords:
the right to judicial legal translation, judicial proceedings, rare languages, widespread languages, human rights and law-enforcement activity.
Аннотация / Annotation:
The article is devoted to the research of the right to judicial legal translation as parasynthetic right, the author’s concept of which is provided in the work. The conclusion is drawn on insufficiency and deficiency in the field of legal regulatory support of the specified right.
Ключевые слова / Keywords:
the right to judicial legal translation, judicial proceedings, rare languages, widespread languages, human rights and law-enforcement activity.
ANTONOV A.A.
Antonov A.A.
–
SOME ASPECTS OF THE INSTITUTE OF NECESSARY DEFENSE
Страницы / Pages: 146-152
Аннотация / Annotation:
Necessary defense is often qualified as exceeding self-defense. This issue is debatable and is solved in different ways both in theory and in practice. The author offers recommendations for improving the Institute of necessary defense. In particular, it is proposed to establish that it does not exceed the limits of the necessary defense of the defender’s actions in the event of an illegal invasion of the encroaching person in the home when circumstances occur, which is used by the defender.
Ключевые слова / Keywords:
necessary defense, exceeding the limits of necessary defense, penetration into the home.
REVIEWSАннотация / Annotation:
Necessary defense is often qualified as exceeding self-defense. This issue is debatable and is solved in different ways both in theory and in practice. The author offers recommendations for improving the Institute of necessary defense. In particular, it is proposed to establish that it does not exceed the limits of the necessary defense of the defender’s actions in the event of an illegal invasion of the encroaching person in the home when circumstances occur, which is used by the defender.
Ключевые слова / Keywords:
necessary defense, exceeding the limits of necessary defense, penetration into the home.
SOLOVIEV A.Y. Soloviev A.Y. – Senior Lecturer at the Nikolo-Ugreshsky Theological Seminary (Moscow Region)
«One person sharpens another»: To the question of applied textbook of scientific research and applied analytical methodology. Review of the textbook by I.V. Ponkin and A.I. Redkina «Methodology of Scientific Research and Practical Analytics» (Moscow: Buki Vedi, 2020, 365 pp.)
Страницы / Pages: 153-157
Аннотация / Annotation:
The material contains a critical response to the textbook by I.V. Ponkin and A.I. Redkina «Methodology of Scientific Research and Practical Analytics» (Moscow: Buki Vedi, 2020, 365 pp.). The author raises the question of the measure of due in the preparation of researchers.
Ключевые слова / Keywords:
law and education, scientific methodology, training of scientists and applied analysts, science, analytics.
Аннотация / Annotation:
The material contains a critical response to the textbook by I.V. Ponkin and A.I. Redkina «Methodology of Scientific Research and Practical Analytics» (Moscow: Buki Vedi, 2020, 365 pp.). The author raises the question of the measure of due in the preparation of researchers.
Ключевые слова / Keywords:
law and education, scientific methodology, training of scientists and applied analysts, science, analytics.