Право и образование
№ 07 • 2018
THEORY QUESTIONS
GERASHCHENKO I.G. Gerashchenko I.G. – Doctor of Sciences (Philosophy), Professor
GERASHCHENKO N.V. Gerashchenko N.V. – Candidate of Sciences (Pedagogy)
V. Solovyev’s legal doctrine in the context of moral education
Страницы / Pages: 4-11
Аннотация / Annotation:
The article examines the legal doctrine of V. Soloviev in the context of his moral philosophy. The original interpretation of the public, private and criminal law by V. Soloviev is shown; the principle of separation of powers, the origin of the state. Special attention is paid to economic problems of law in the understanding of the Russian philosopher.
Ключевые слова / Keywords:
the legal doctrine of V. Soloviev, the philosophy of law, the Russian philosophy of law, moral education.
Аннотация / Annotation:
The article examines the legal doctrine of V. Soloviev in the context of his moral philosophy. The original interpretation of the public, private and criminal law by V. Soloviev is shown; the principle of separation of powers, the origin of the state. Special attention is paid to economic problems of law in the understanding of the Russian philosopher.
Ключевые слова / Keywords:
the legal doctrine of V. Soloviev, the philosophy of law, the Russian philosophy of law, moral education.
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
Concept of the small war
Страницы / Pages: 12-23
Аннотация / Annotation:
The article investigates the concept of the small war (petty warfare), conditions and consequences of realization of this concept. The author’s definition of this concept is presented.
Ключевые слова / Keywords:
small war, petty warfare, hybrid war, war, Coup d’état, aggression, governance, sovereignty, theory of deviations in public administration.
Аннотация / Annotation:
The article investigates the concept of the small war (petty warfare), conditions and consequences of realization of this concept. The author’s definition of this concept is presented.
Ключевые слова / Keywords:
small war, petty warfare, hybrid war, war, Coup d’état, aggression, governance, sovereignty, theory of deviations in public administration.
GARASHKO A.YU. Garashko A.Yu. – candidate of juridical sciences
European union law and characteristics of its relationship with the basic system of legal entities
Страницы / Pages: 24-30
Аннотация / Annotation:
In this article the author analyzes the correlation of the notion «European Union law» with the contents of the other close to it by value concepts (European law, integrative law, international law, legal system, system of law, domestic law). The study was concluded that European Union law is one of a kind, unique supranational communitarian system of legal education that is not related to any known legal families, which has precedence over national law of member States and in some areas above the norms of international law, which is part of the European and company law, as well as possessing unique structure and individual features of the law of the Federal state.
Ключевые слова / Keywords:
European Union law, European law, system of law, legal system, family law, domestic law, supranational law, national law, integrative law, international law.
Аннотация / Annotation:
In this article the author analyzes the correlation of the notion «European Union law» with the contents of the other close to it by value concepts (European law, integrative law, international law, legal system, system of law, domestic law). The study was concluded that European Union law is one of a kind, unique supranational communitarian system of legal education that is not related to any known legal families, which has precedence over national law of member States and in some areas above the norms of international law, which is part of the European and company law, as well as possessing unique structure and individual features of the law of the Federal state.
Ключевые слова / Keywords:
European Union law, European law, system of law, legal system, family law, domestic law, supranational law, national law, integrative law, international law.
BEIYAEVA O.V. Beiyaeva O.V. – candidate of juridical sciences, associate professor
PETROVA T.E. Petrova T.E. – doctor of sociological sciences, professor
Legal conflicts in constitutional law
Страницы / Pages: 31-36
Аннотация / Annotation:
The article deals with the concept and types of conflicts in constitutional law as legal differences and contradictions in legal views, normative legal acts and institutions, as well as in certain rules (norms) of behavior.
Ключевые слова / Keywords:
conflict, constitutional law, the Constitution of the Russian Federation.
MODERN EDUCATIONАннотация / Annotation:
The article deals with the concept and types of conflicts in constitutional law as legal differences and contradictions in legal views, normative legal acts and institutions, as well as in certain rules (norms) of behavior.
Ключевые слова / Keywords:
conflict, constitutional law, the Constitution of the Russian Federation.
NOVIKOVA E.Y. Novikova E.Y. – doctor of philosophical Sciences, Professor
Examination assessment at the University: approaches and practice.
Страницы / Pages: 37-45
Аннотация / Annotation:
The article discusses approaches to the assessment of knowledge in the examination process at the University. The development of evaluation methods should be based on competence, socio-cultural and personal approaches to education. It is necessary to change the principles of score-rating assessment in order to improve the effectiveness of training and the formation of responsibility of students.
Ключевые слова / Keywords:
exam, competence, professional development, personality, education, culture, knowledge.
Аннотация / Annotation:
The article discusses approaches to the assessment of knowledge in the examination process at the University. The development of evaluation methods should be based on competence, socio-cultural and personal approaches to education. It is necessary to change the principles of score-rating assessment in order to improve the effectiveness of training and the formation of responsibility of students.
Ключевые слова / Keywords:
exam, competence, professional development, personality, education, culture, knowledge.
BAZYLEV V.N. Bazylev V.N. – Doctor of Philology, Professor
Academic writing for special purposes
Страницы / Pages: 46-55
Аннотация / Annotation:
The article considers the change of the educational vector in the teaching of the Russian language in high school and the change of the general discursive communicative field in the system of national education; it actualizes the concept of academic writing for special purposes and proposes a new theoretical and practical approach to change the principles of teaching Russian as a native language
Ключевые слова / Keywords:
academic writing, communicative competence, cognitive type, discursive practice, series of textbooks.
Аннотация / Annotation:
The article considers the change of the educational vector in the teaching of the Russian language in high school and the change of the general discursive communicative field in the system of national education; it actualizes the concept of academic writing for special purposes and proposes a new theoretical and practical approach to change the principles of teaching Russian as a native language
Ключевые слова / Keywords:
academic writing, communicative competence, cognitive type, discursive practice, series of textbooks.
BORODINA Z.N. Borodina Z.N. – Ph.D., associate professor, assistant professor
YUSUPOVA Z.G.
Yusupova Z.G.
–
The legal capacity of an educational institution
Страницы / Pages: 56-63
Аннотация / Annotation:
The article deals with the legal capacity of educational institutions. As a result of the analysis of the norms of the Civil Code of the Russian Federation, it is proved that it is expedient to legislate the possibility of disposing of the property assigned to it by the right of operational management with the consent of the owner, which will strengthen the legal status of educational institutions as participants in civil traffic and improve the process of implementing their target activities.
Ключевые слова / Keywords:
educational institution, legal personality, legal capacity, property owner, operational management right, non-profit organization, entrepreneurial activity.
Аннотация / Annotation:
The article deals with the legal capacity of educational institutions. As a result of the analysis of the norms of the Civil Code of the Russian Federation, it is proved that it is expedient to legislate the possibility of disposing of the property assigned to it by the right of operational management with the consent of the owner, which will strengthen the legal status of educational institutions as participants in civil traffic and improve the process of implementing their target activities.
Ключевые слова / Keywords:
educational institution, legal personality, legal capacity, property owner, operational management right, non-profit organization, entrepreneurial activity.
REPRINTSEV D.D. Reprintsev D.D. – candidate of technical Sciences, Professor
CHERNYKH A.S. Chernykh A.S. – candidate of technical Sciences, associate Professor
Problems of the modern university lectures
Страницы / Pages: 64-72
Аннотация / Annotation:
The article describes the history of the formation of the lecture teaching in the national high school, proved the importance of the lecture as the main method of teaching students and leading forms of organization of educational process. The causes of passive cognitive activity of a separate part of students are analyzed. The role of the lecturer in the modern educational process is shown. The method of assessing the quality of the lecture is proposed.
Ключевые слова / Keywords:
college and university lectures, teacher-lecturer, lecturer lecturing skills, cognitive activity of students, the quality assessment of the lecture.
Аннотация / Annotation:
The article describes the history of the formation of the lecture teaching in the national high school, proved the importance of the lecture as the main method of teaching students and leading forms of organization of educational process. The causes of passive cognitive activity of a separate part of students are analyzed. The role of the lecturer in the modern educational process is shown. The method of assessing the quality of the lecture is proposed.
Ключевые слова / Keywords:
college and university lectures, teacher-lecturer, lecturer lecturing skills, cognitive activity of students, the quality assessment of the lecture.
NAZARENKO S.V. Nazarenko S.V. – candidate of Sociology, associate Professor
Technology of social control in university educational practices
Страницы / Pages: 73-88
Аннотация / Annotation:
The article describes the scientific foundations of the organization of strategic cooperation of domestic universities and business entities – state institutions and enterprises from the business sphere. The subject of the research: social control of the formation, development and implementation of the competencies of students at the end of higher education. The purpose of the work: analysis of mutual influence of social control over the students’ performance of practical (situational) assignments during training at the university and the formation of the competencies demanded by the market. The conclusion is made that the social control of educational activity and its results in university educational practices is continuously carried out with the current and final control of academic progress as a monitoring agent.
Ключевые слова / Keywords:
social institution, institutional practice, university practices, educational practices, education, social control.
VOCATIONAL TRAININGАннотация / Annotation:
The article describes the scientific foundations of the organization of strategic cooperation of domestic universities and business entities – state institutions and enterprises from the business sphere. The subject of the research: social control of the formation, development and implementation of the competencies of students at the end of higher education. The purpose of the work: analysis of mutual influence of social control over the students’ performance of practical (situational) assignments during training at the university and the formation of the competencies demanded by the market. The conclusion is made that the social control of educational activity and its results in university educational practices is continuously carried out with the current and final control of academic progress as a monitoring agent.
Ключевые слова / Keywords:
social institution, institutional practice, university practices, educational practices, education, social control.
EVPLOVA E.V. Evplova E.V. – Candidate of Pedagogic Sciences
YAKUPOV V.R. Yakupov V.R. – Candidate of Juridical Sciences
Features of teaching legal disciplines at professional educational organizations
Страницы / Pages: 89-96
Аннотация / Annotation:
In the article are described the peculiarities of teaching methods of legal disciplines: close connection of the educational material with the current legislation, the use of intersubject and intra-subject relations, the practical importance of the material being learned, the use of active and interactive teaching methods, etc. It is concluded that the methodology of teaching legal disciplines is designed to provide a high theoretical level of teaching, strict scientific, brightness and accessibility of presentation.
Ключевые слова / Keywords:
methods of professional training, methods of teaching, legal disciplines, professional educational organization.
Аннотация / Annotation:
In the article are described the peculiarities of teaching methods of legal disciplines: close connection of the educational material with the current legislation, the use of intersubject and intra-subject relations, the practical importance of the material being learned, the use of active and interactive teaching methods, etc. It is concluded that the methodology of teaching legal disciplines is designed to provide a high theoretical level of teaching, strict scientific, brightness and accessibility of presentation.
Ключевые слова / Keywords:
methods of professional training, methods of teaching, legal disciplines, professional educational organization.
PARYAGINA O.A. Paryagina O.A. – Candidate of Legal Sciences, Associate Professor
The professional training and additional professional education of Russian citizens in the direction of bodies of service of employment
Страницы / Pages: 97-106
Аннотация / Annotation:
The article contains analysis of condition and the separate problems of legal regulation of professional training and additional professional education in Russia and Irkutskaya region of unemployed citizens and some another categories of not employment of population. Author thinks expedient intensification of co-operation of Russian State politics in the sphere of education and employment of population, substantiates necessity of appointed changes in the legal status of citizens in connection with professional training of specialists in the direction of bodies of service of employment.
Ключевые слова / Keywords:
professional training, additional professional education, unemployed citizens, not employment of population, bodies of service of employment.
Аннотация / Annotation:
The article contains analysis of condition and the separate problems of legal regulation of professional training and additional professional education in Russia and Irkutskaya region of unemployed citizens and some another categories of not employment of population. Author thinks expedient intensification of co-operation of Russian State politics in the sphere of education and employment of population, substantiates necessity of appointed changes in the legal status of citizens in connection with professional training of specialists in the direction of bodies of service of employment.
Ключевые слова / Keywords:
professional training, additional professional education, unemployed citizens, not employment of population, bodies of service of employment.
EFREMENKOV O.N. Efremenkov O.N. – candidate of pedagogics
Improvement organization directions of the continuing professional education of employees of The Investigative Committee of the Russian Federation.
Страницы / Pages: 107-115
Аннотация / Annotation:
The article is devoted to the search of improvement organization directions of the continuing professional education of employees of The Investigative Committee of the Russian Federation. One of these directions is the clarification of the functions and the interconnectedness of each subject of the system of the continuing professional education by modelling of this system.
Ключевые слова / Keywords:
continuing professional education of employees of The Investigative Committee of the Russian Federation, model, improvement, professional skill, innovative approach, motivation, organizational and methodological support.
HOT TOPICАннотация / Annotation:
The article is devoted to the search of improvement organization directions of the continuing professional education of employees of The Investigative Committee of the Russian Federation. One of these directions is the clarification of the functions and the interconnectedness of each subject of the system of the continuing professional education by modelling of this system.
Ключевые слова / Keywords:
continuing professional education of employees of The Investigative Committee of the Russian Federation, model, improvement, professional skill, innovative approach, motivation, organizational and methodological support.
MORKHAT P.M. Morkhat P.M. – PhD (Law)
Features of legal support for the development and use of artificial intelligence technologies
Страницы / Pages: 116-122
Аннотация / Annotation:
Some measures of legal support for the development and use of artificial intelligence technologies, both potential and already used, are investigated in this article. The author’s definition of artificial intelligence is presented.
Ключевые слова / Keywords:
artificial intelligence, robotics, information law, the right to privacy, confidentiality of personal information.
Аннотация / Annotation:
Some measures of legal support for the development and use of artificial intelligence technologies, both potential and already used, are investigated in this article. The author’s definition of artificial intelligence is presented.
Ключевые слова / Keywords:
artificial intelligence, robotics, information law, the right to privacy, confidentiality of personal information.
SAPOGOV V.M. Sapogov V.M. – Candidate of Legal Sciences, Associate Professor
Problems of formation of legal identity of the minors which are in institutions of the closed type
Страницы / Pages: 123-128
Аннотация / Annotation:
In article teoretiko-legal aspects of legal identity of pupils of institutions of the closed type and organizational and pedagogical prerequisites of its formation are analyzed. Possible positive changes in legal consciousness and consciousness of pupils from application of the offered ways of stimulation of legal activity, in particular, by means of visualization of legal information and also a role of own efforts of the pupil in his legal self-determination are designated.
Ключевые слова / Keywords:
legal identity of minors, legal education, minor offenders, institutions of the closed type.
Аннотация / Annotation:
In article teoretiko-legal aspects of legal identity of pupils of institutions of the closed type and organizational and pedagogical prerequisites of its formation are analyzed. Possible positive changes in legal consciousness and consciousness of pupils from application of the offered ways of stimulation of legal activity, in particular, by means of visualization of legal information and also a role of own efforts of the pupil in his legal self-determination are designated.
Ключевые слова / Keywords:
legal identity of minors, legal education, minor offenders, institutions of the closed type.
GORBUNOV V.YU. Gorbunov V.Yu. – candidate of legal Sciences, Associate professor
Federal state control (supervision) for labor activities of foreign workers: some aspects of legal regulation
Страницы / Pages: 129-137
Аннотация / Annotation:
The analysis of normative legal acts regulating the procedure for exercising federal state control (supervision) over the labor activity of foreign citizens in the Russian Federation is being analyzed. Its content and features are investigated. The subject, object, basis and procedure of inspections, which are a form of state control in the sphere in question, is disclosed. The objects of verification are delimited. The necessity of differentiation of existing procedures of state control, depending on the objects of inspections, is substantiated.
Ключевые слова / Keywords:
federal state control (supervision); Foreign citizens; labor activity of foreign workers; carrying out the inspection; police officers.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The analysis of normative legal acts regulating the procedure for exercising federal state control (supervision) over the labor activity of foreign citizens in the Russian Federation is being analyzed. Its content and features are investigated. The subject, object, basis and procedure of inspections, which are a form of state control in the sphere in question, is disclosed. The objects of verification are delimited. The necessity of differentiation of existing procedures of state control, depending on the objects of inspections, is substantiated.
Ключевые слова / Keywords:
federal state control (supervision); Foreign citizens; labor activity of foreign workers; carrying out the inspection; police officers.
GORBACH D.V. Gorbach D.V. – PhD in law
GORBAN’ D.V. Gorban’ D.V. – PhD in law
Institute of changing the conditions of serving a sentence of imprisonment as a requirement of the regime
Страницы / Pages: 138-144
Аннотация / Annotation:
One of the requirements of the regime are different conditions of detention depending on the type of correctional facility. This requirement of the regime is realized at the Institute of changing the conditions of serving the sentence during its serving. Omissions in the application of this institution usually lead to the fact that the purpose of correction of convicts is not achieved. In the present article an attempt is made to address the problems of the implementation of the institute of changes of conditions of the sentence.
Ключевые слова / Keywords:
convicted person; progressive system; change of conditions of serving of punishment; rights of convicted persons.
Аннотация / Annotation:
One of the requirements of the regime are different conditions of detention depending on the type of correctional facility. This requirement of the regime is realized at the Institute of changing the conditions of serving the sentence during its serving. Omissions in the application of this institution usually lead to the fact that the purpose of correction of convicts is not achieved. In the present article an attempt is made to address the problems of the implementation of the institute of changes of conditions of the sentence.
Ключевые слова / Keywords:
convicted person; progressive system; change of conditions of serving of punishment; rights of convicted persons.
HOHLOV V.I. Hohlov V.I. – Candidate of Juridical Sciences, Associate Professor
Socio-legal nature of special rules of appointment
Страницы / Pages: 145-150
Аннотация / Annotation:
The Authors investigate the socio-legal, criminal law and legal and technical prerequisites for the emergence of special rules for sentencing. The rules for determining the measure of punishment revealed by the authors as a means of individualization of penalties and the determination of its fair proportion.
Ключевые слова / Keywords:
special rules of sentencing, principles of law, General principles of sentencing.
Аннотация / Annotation:
The Authors investigate the socio-legal, criminal law and legal and technical prerequisites for the emergence of special rules for sentencing. The rules for determining the measure of punishment revealed by the authors as a means of individualization of penalties and the determination of its fair proportion.
Ключевые слова / Keywords:
special rules of sentencing, principles of law, General principles of sentencing.
BAYRAMOV F.D. Bayramov F.D. – PhD in law
The Legal Bases for the Service of Persons with Disabilities in Law Enforcement Bodies
Страницы / Pages: 151-156
Аннотация / Annotation:
The article represents the main international legal acts and internal statutory and regulatory imstuments of the Russian Federation, creating a mechanism for the protection of the rights of persons with disabilities. The analysis of the current legislation regarding the service in law enforcement Russian bodies of persons with disabilities is made.
Ключевые слова / Keywords:
rights of disabled people, service of disabled people in law enforcement bodies, protection of rights, freedoms and legitimate interests of man and citizen.
PAGES OF HISTORYАннотация / Annotation:
The article represents the main international legal acts and internal statutory and regulatory imstuments of the Russian Federation, creating a mechanism for the protection of the rights of persons with disabilities. The analysis of the current legislation regarding the service in law enforcement Russian bodies of persons with disabilities is made.
Ключевые слова / Keywords:
rights of disabled people, service of disabled people in law enforcement bodies, protection of rights, freedoms and legitimate interests of man and citizen.
MATVEEV O.V. Matveev O.V. – doctor of historical sciences, associate professor
NESTERCHUK O.P.
Nesterchuk O.P.
–
Islamic factor in the intra Syrian conflict: historical aspect
Страницы / Pages: 157-165
Аннотация / Annotation:
Authors investigate some historical results of influence of radical Islam on the intra Syrian conflict. The territory of SAR became a large-scale zone of instability, because of the long armed opposition between government forces and associations of religious radicals and oppositions. The essential role in the conflict is played by a religious factor which finds the reflection in the radical Islamic ideology conducting to formation of terrorist identity in the region.
Ключевые слова / Keywords:
Russian military aid of SAR, VKS RF, civil war in Syria, DAISh (IGIL), terrorists, opposition, Syria, conflict, religious factor, radical Islamic ideology.
Аннотация / Annotation:
Authors investigate some historical results of influence of radical Islam on the intra Syrian conflict. The territory of SAR became a large-scale zone of instability, because of the long armed opposition between government forces and associations of religious radicals and oppositions. The essential role in the conflict is played by a religious factor which finds the reflection in the radical Islamic ideology conducting to formation of terrorist identity in the region.
Ключевые слова / Keywords:
Russian military aid of SAR, VKS RF, civil war in Syria, DAISh (IGIL), terrorists, opposition, Syria, conflict, religious factor, radical Islamic ideology.
OCHIROVA V.M. Ochirova V.M. – Ph.D. in Political Science
The constitutional construction in the multi-ethnic regions of Russia: historical perspective
Страницы / Pages: 166-174
Аннотация / Annotation:
The Constitution of the Russian Federation, adopted on the 12th of December in 1993, formed the basis of the state structure and of the social life in the country, and also became a starting point for the republic policy elite, framing and making adjustments to their own constitutions. The article is devoted to the specific nature of the constitutional construction in Russia and its multi-ethnic regions such as the Republic of Buryatia, the Republic of Sakha (Yakutia) and the Republic of Tyva.
Ключевые слова / Keywords:
the Constitution, the Russian Federation, the Republic of Buryatia, the Republic of Sakha (Yakutia), the Republic of Tyva, multi-ethnic region, constitutional construction, bill state sovereignty, law.
Аннотация / Annotation:
The Constitution of the Russian Federation, adopted on the 12th of December in 1993, formed the basis of the state structure and of the social life in the country, and also became a starting point for the republic policy elite, framing and making adjustments to their own constitutions. The article is devoted to the specific nature of the constitutional construction in Russia and its multi-ethnic regions such as the Republic of Buryatia, the Republic of Sakha (Yakutia) and the Republic of Tyva.
Ключевые слова / Keywords:
the Constitution, the Russian Federation, the Republic of Buryatia, the Republic of Sakha (Yakutia), the Republic of Tyva, multi-ethnic region, constitutional construction, bill state sovereignty, law.
LYSENKOV S.G. Lysenkov S.G. – doctor of legal Sciences, candidate of historical Sciences, Professor
ZHURAVLEV D.S.
Zhuravlev D.S.
–
Criminal law of Russia of XVIII century: goals and penalties
Страницы / Pages: 175-180
Аннотация / Annotation:
The processes of change in the criminal law in this period, and the introduction of new penalties allow you to show the evolution of the criminal law most fully.
Ключевые слова / Keywords:
criminal law, crime, punishment, deprivation, the state.
Аннотация / Annotation:
The processes of change in the criminal law in this period, and the introduction of new penalties allow you to show the evolution of the criminal law most fully.
Ключевые слова / Keywords:
criminal law, crime, punishment, deprivation, the state.