Право и образование
№ 07 • 2019
THEORY QUESTIONS
PASHENTSEV D.A. Pashentsev D.A. – doctor of law, professor
The main directions of the impact of modern digital technologies on the development of law
Страницы / Pages: 4-9
Аннотация / Annotation:
The article shows the main directions of influence of digital technologies on the form and content of law. It is emphasized that digitalization can change a number of key parameters of the system of law and the system of sources of law. The influence of digital technologies on the judicial process, as well as on the legal profession is noted. It is concluded that there is a tendency to change the role of law in the life of modern digital society.
Ключевые слова / Keywords:
digital technology, law, blockchain, justice, the system of law.
Аннотация / Annotation:
The article shows the main directions of influence of digital technologies on the form and content of law. It is emphasized that digitalization can change a number of key parameters of the system of law and the system of sources of law. The influence of digital technologies on the judicial process, as well as on the legal profession is noted. It is concluded that there is a tendency to change the role of law in the life of modern digital society.
Ключевые слова / Keywords:
digital technology, law, blockchain, justice, the system of law.
AKHMETOV A.S. Akhmetov A.S. – Ph.D, associate professor
The phenomenon of the legal culture of modern society
Страницы / Pages: 10-16
Аннотация / Annotation:
This scientific study is devoted to the analysis of the legal culture of modern society. The main purpose of the article is to study the characteristics of legal culture, as well as ways to increase its level among the population. The author considers the essence, content, types of legal culture and its features from the standpoint of various scientific approaches. The author pays special attention to the study of the value aspects of legal culture in conditions in the development of a democratic state and the formation of a civil society in our state.
Ключевые слова / Keywords:
law, culture, personality, legal culture, democracy, civil society, legal education, legal education.
Аннотация / Annotation:
This scientific study is devoted to the analysis of the legal culture of modern society. The main purpose of the article is to study the characteristics of legal culture, as well as ways to increase its level among the population. The author considers the essence, content, types of legal culture and its features from the standpoint of various scientific approaches. The author pays special attention to the study of the value aspects of legal culture in conditions in the development of a democratic state and the formation of a civil society in our state.
Ключевые слова / Keywords:
law, culture, personality, legal culture, democracy, civil society, legal education, legal education.
SUKHAREVA E.R. Sukhareva E.R. – Candidate of Law, Associate Professor
Human embryo is a subject or object?
Страницы / Pages: 17-22
Аннотация / Annotation:
This article deals with the problem of determining the legal nature of the embryo in terms of its relevance to the subject or object of law. Scientific analyzes the position of authors, litigation, including the jurisprudence of the European court of human rights, the International Convention materials. The legal nature of the embryo is determined by the author of the article, depending on the stage of its development and to find outside or inside the body of a woman. Proposals to improve the legislation.
Ключевые слова / Keywords:
the embryo’s right to life, an object and a subject of law, the European court of human rights, medical and reproductive technologies, biomedicine, the fate of cryopreserved embryos.
MODERN EDUCATIONАннотация / Annotation:
This article deals with the problem of determining the legal nature of the embryo in terms of its relevance to the subject or object of law. Scientific analyzes the position of authors, litigation, including the jurisprudence of the European court of human rights, the International Convention materials. The legal nature of the embryo is determined by the author of the article, depending on the stage of its development and to find outside or inside the body of a woman. Proposals to improve the legislation.
Ключевые слова / Keywords:
the embryo’s right to life, an object and a subject of law, the European court of human rights, medical and reproductive technologies, biomedicine, the fate of cryopreserved embryos.
EVPLOVA E.V. Evplova E.V. – Candidate of Pedagogic Sciences
YАKUPOV V.R. Yаkupov V.R. – Candidate of Juridical Sciences
Regulatory support for the implementation of educational programs at all levels of education with the use of e-learning and distance learning technologies
Страницы / Pages: 23-31
Аннотация / Annotation:
The article presents the urgency of the problem of implementation of educational programs at all levels of education with the use of e-learning and distance learning technologies, analyzes the legal framework for the implementation of educational programs with the use of e-learning and distance learning technologies: the Constitution of the Russian Federation, the Law «On Education in the Russian Federation», the Decree of the Government of the Russian Federation, the Order of Rosobrnadzor, the Order of the Government of the Russian Federation, etc.
Ключевые слова / Keywords:
distance learning technologies, e-learning, educational programs, etc.
Аннотация / Annotation:
The article presents the urgency of the problem of implementation of educational programs at all levels of education with the use of e-learning and distance learning technologies, analyzes the legal framework for the implementation of educational programs with the use of e-learning and distance learning technologies: the Constitution of the Russian Federation, the Law «On Education in the Russian Federation», the Decree of the Government of the Russian Federation, the Order of Rosobrnadzor, the Order of the Government of the Russian Federation, etc.
Ключевые слова / Keywords:
distance learning technologies, e-learning, educational programs, etc.
MOROZOVA N.M. Morozova N.M. – Doctor of Philosophy
Features of working with literary text in groups of foreign listeners
Страницы / Pages: 32-40
Аннотация / Annotation:
The article is devoted to the description of opportunities for the development of competencies (linguistic, linguistic, communicative, regional geographic studies) of foreign students on the basis of linguistic and cultural analysis, literary analysis of the text of fiction. The author considers the artistic text at the same time as an object of speech activity and as its result, and the analysis of the artistic text as a process of joint activity of students. The use of works by authors born in the Voronezh Region, that is, local history material, is an important component of regional geographic and linguistic work. The article reflects the experience of teaching Russian as a foreign language by the author at the Voronezh Institute of the Ministry of Internal Affairs of Russia.
Ключевые слова / Keywords:
foreign listeners, Russian as a foreign language, communicative, linguistic, linguistic, regional geographic competence, interrelation of competence development, analysis of a literary text, text as an object and result of speech activity.
Аннотация / Annotation:
The article is devoted to the description of opportunities for the development of competencies (linguistic, linguistic, communicative, regional geographic studies) of foreign students on the basis of linguistic and cultural analysis, literary analysis of the text of fiction. The author considers the artistic text at the same time as an object of speech activity and as its result, and the analysis of the artistic text as a process of joint activity of students. The use of works by authors born in the Voronezh Region, that is, local history material, is an important component of regional geographic and linguistic work. The article reflects the experience of teaching Russian as a foreign language by the author at the Voronezh Institute of the Ministry of Internal Affairs of Russia.
Ключевые слова / Keywords:
foreign listeners, Russian as a foreign language, communicative, linguistic, linguistic, regional geographic competence, interrelation of competence development, analysis of a literary text, text as an object and result of speech activity.
DAVYDOVA N.A. Davydova N.A. – candidate of pedagogical sciences, associate professor
Using the integrate approach in the process of forming ikt-competence in students of pedagogical profiles of bachelorate
Страницы / Pages: 41-48
Аннотация / Annotation:
The article substantiates the expediency of using an integrative approach in the process of forming ICT competence in future teachers. The main provisions on which the application of the integrative approach in education is based are determined. The necessary skills, correlated with the labor functions of the Professional standard of the teacher, in the part of the teacher’s ICT competence were revealed. The examples show the integration of education and production, as well as interdisciplinary integration.
Ключевые слова / Keywords:
ICT-competence of the teacher, integrative approach, integration in training, labor functions, professional competencies.
Аннотация / Annotation:
The article substantiates the expediency of using an integrative approach in the process of forming ICT competence in future teachers. The main provisions on which the application of the integrative approach in education is based are determined. The necessary skills, correlated with the labor functions of the Professional standard of the teacher, in the part of the teacher’s ICT competence were revealed. The examples show the integration of education and production, as well as interdisciplinary integration.
Ключевые слова / Keywords:
ICT-competence of the teacher, integrative approach, integration in training, labor functions, professional competencies.
MIKHNO O.S. Mikhno O.S. – Ph.D in Psychology
CHMYKHOVA E.V. Chmykhova E.V. – Ph.D in Sociology
DAVYDOV D.G. Davydov D.G. – Ph.D in Psychology
KACHALOVA L.M. Kachalova L.M. – Ph.D in Biology
The Bachelor’s degree programme in the «Social work» direction: research and development for e-learning
Страницы / Pages: 49-58
Аннотация / Annotation:
Summarized the educational experience in leading foreign and Russian universities. The study of the potential labor market of graduates has been conducted, and typical professional spheres, professional tasks and specific requirements for an employee have been highlighted. The principles of developing an e-learning programme were formulated, in particular the curruculum variability allowing to create an individual educational path taking into account the possible employment plan.
Ключевые слова / Keywords:
design of the educational program, e-learning program, competence-based model of the graduate.
HOT TOPICАннотация / Annotation:
Summarized the educational experience in leading foreign and Russian universities. The study of the potential labor market of graduates has been conducted, and typical professional spheres, professional tasks and specific requirements for an employee have been highlighted. The principles of developing an e-learning programme were formulated, in particular the curruculum variability allowing to create an individual educational path taking into account the possible employment plan.
Ключевые слова / Keywords:
design of the educational program, e-learning program, competence-based model of the graduate.
SHUGUROV M.V. Shugurov M.V. – doctor of the philosophical sciences, docent
UNESCO: directions of promoting the dissemination of knowledge and the technology transfer with the aim of sustainable development
Страницы / Pages: 59-69
Аннотация / Annotation:
The article analyzes the activity of UNESCO on providing the role of science and technologies for transition to sustainable development. Author proves the specificity of UNESCO’s activity such as promoting the framing wide knowledge and technology exchange on basis of appropriate educational and scientific-technological potential. The contribution of organization to implementation of provisions of international-legal instruments regarding the sustainable development has been demonstrated.
Ключевые слова / Keywords:
UNESCO, education, sustainable development, ecologically sound technologies, knowledge, international cooperation.
Аннотация / Annotation:
The article analyzes the activity of UNESCO on providing the role of science and technologies for transition to sustainable development. Author proves the specificity of UNESCO’s activity such as promoting the framing wide knowledge and technology exchange on basis of appropriate educational and scientific-technological potential. The contribution of organization to implementation of provisions of international-legal instruments regarding the sustainable development has been demonstrated.
Ключевые слова / Keywords:
UNESCO, education, sustainable development, ecologically sound technologies, knowledge, international cooperation.
SAVOTCHENKO S.E. Savotchenko S.E. – doctor of physics and mathematics
PEREPELKIN I.N. Perepelkin I.N. – candidate of physical and mathematical Sciences
DUNAEV R.A. Dunaev R.A. – PhD in philosophy
The impact of the pace of development of the information society on the dynamics of unlawful acts
Страницы / Pages: 70-80
Аннотация / Annotation:
The article deals with the problem of the appearance and increase in the number of crimes related to the use of computer technology. The computers control all spheres of human activity in an information society. Hence the problem of information security becomes important. The problems of the development of the information society are identified. A close relationship between the level of development of the information society and the level of crime in it is shown.
Ключевые слова / Keywords:
information society, illegal actions, information war, information security.
Аннотация / Annotation:
The article deals with the problem of the appearance and increase in the number of crimes related to the use of computer technology. The computers control all spheres of human activity in an information society. Hence the problem of information security becomes important. The problems of the development of the information society are identified. A close relationship between the level of development of the information society and the level of crime in it is shown.
Ключевые слова / Keywords:
information society, illegal actions, information war, information security.
VOYTOVICH L.V. Voytovich L.V. – candidate of law, associate Professor
NELGOVSKY I.E. Nelgovsky I.E. – doctor of law, Professor
Problems of legal regulation of simplified procedures in civil and administrative proceedings in Russia
Страницы / Pages: 81-87
Аннотация / Annotation:
The article presents a comparative analysis of the legal regulation of simplified procedures in modern civil, arbitration and administrative proceedings. The authors focus on the problems of legal regulation and make proposals to improve the current legislation.
Ключевые слова / Keywords:
simplified proceedings; civil proceedings; arbitration proceedings; administrative proceedings.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article presents a comparative analysis of the legal regulation of simplified procedures in modern civil, arbitration and administrative proceedings. The authors focus on the problems of legal regulation and make proposals to improve the current legislation.
Ключевые слова / Keywords:
simplified proceedings; civil proceedings; arbitration proceedings; administrative proceedings.
SOLOVEV S.G. Solovev S.G. – Doctor of Juridical Science, Professor
Topical substantive and procedural problems related to the competitive election of the head of the municipality
Страницы / Pages: 88-95
Аннотация / Annotation:
The article is devoted to the understanding of the content of the quasi-electoral design of the competitive model of election оf the head of the municipality. The key theoretical and practical problems associated with the substantive and procedural aspects of the existing mechanism of replacement of the head of the municipality as a result of the election of the representative body of the municipality from among the candidates submitted by the competition сommission on the results of the competition. A set of legal measures aimed at improving the content of the analyzed legal structure is proposed.
Ключевые слова / Keywords:
election of the head of the municipality, competitive election model, competition сommission.
Аннотация / Annotation:
The article is devoted to the understanding of the content of the quasi-electoral design of the competitive model of election оf the head of the municipality. The key theoretical and practical problems associated with the substantive and procedural aspects of the existing mechanism of replacement of the head of the municipality as a result of the election of the representative body of the municipality from among the candidates submitted by the competition сommission on the results of the competition. A set of legal measures aimed at improving the content of the analyzed legal structure is proposed.
Ключевые слова / Keywords:
election of the head of the municipality, competitive election model, competition сommission.
MANUKOVSKAYA A.N. Manukovskaya A.N. – Candidate of Law, Associate Professor
GERASIMOVA I.A. Gerasimova I.A. – Candidate of Psychological Sciences, Associate Professor
Physical culture and sport as the industry of the national economy: legal and social aspects
Страницы / Pages: 96-104
Аннотация / Annotation:
The article deals with the topic of the subject of economics of physical culture and sports and addresses problematic issues concerning the role and importance of physical culture and sports for the economy and society. The authors also try to comprehend what the main economic relations are in the field of physical culture and sports.
Ключевые слова / Keywords:
physical culture and sports, economics, economic relations, society, national economy.
PAGES OF HISTORYАннотация / Annotation:
The article deals with the topic of the subject of economics of physical culture and sports and addresses problematic issues concerning the role and importance of physical culture and sports for the economy and society. The authors also try to comprehend what the main economic relations are in the field of physical culture and sports.
Ключевые слова / Keywords:
physical culture and sports, economics, economic relations, society, national economy.
TARASENKO I.V. Tarasenko I.V. – Ph.D., History. Associate Professor
On the genesis of the criminal proceeding in Muscovite State in the 15th-17th centuries.
Страницы / Pages: 105-117
Аннотация / Annotation:
Based on the study of the written sources and works of law historians of various generations the author of the article analyses some characteristic features of the genesis of the criminal proceeding in Muscovite State in the 15th-17th centuries and the transformation of the contested action into the investigative one.
Ключевые слова / Keywords:
investigative (inquisitional) process, Muscovite State, 1497 Law Code (Sudebnik), 1550 Law Code (Sudebnik), 1649 Council Code, 15th-17th centuries, act of crime.
Аннотация / Annotation:
Based on the study of the written sources and works of law historians of various generations the author of the article analyses some characteristic features of the genesis of the criminal proceeding in Muscovite State in the 15th-17th centuries and the transformation of the contested action into the investigative one.
Ключевые слова / Keywords:
investigative (inquisitional) process, Muscovite State, 1497 Law Code (Sudebnik), 1550 Law Code (Sudebnik), 1649 Council Code, 15th-17th centuries, act of crime.
PROTASOV YU.S. Protasov Yu.S. – сandidate of historical sciences, docent
SAVCHUK E.YU. Savchuk E.Yu. – сandidate of historical sciences
Falsification of the Great Patriotic War: different aspects
Страницы / Pages: 118-123
Аннотация / Annotation:
In modern conditions of development of the Russian statehood more and more often we face fierce fight for historical heritage. The problem of falsification of historical facts is currently one of the most relevant areas in modern politics. The article analyzes the problem of falsification of the history of the great Patriotic war in the CIS countries. The study in open sources and literature of little-known aspects of the largest events of the XX-th century determined the relevance of this topic. The authors come to the conclusion about the need for an active government policy to counteract the falsification of episodes of the great Patriotic war.
Ключевые слова / Keywords:
falsification of history; “national memory”; mythology of the Second World war.
Аннотация / Annotation:
In modern conditions of development of the Russian statehood more and more often we face fierce fight for historical heritage. The problem of falsification of historical facts is currently one of the most relevant areas in modern politics. The article analyzes the problem of falsification of the history of the great Patriotic war in the CIS countries. The study in open sources and literature of little-known aspects of the largest events of the XX-th century determined the relevance of this topic. The authors come to the conclusion about the need for an active government policy to counteract the falsification of episodes of the great Patriotic war.
Ключевые слова / Keywords:
falsification of history; “national memory”; mythology of the Second World war.
AKCHURIN A.V. Akchurin A.V. – candidate of legal sciences, assistant professor
SULEYMANOV T.A. Suleymanov T.A. – candidate of legal sciences, assistant professor
MASLENNIKOV E.E. Maslennikov E.E. – candidate of legal sciences
About the degree of scientific elaboration of criminal procedure problems of the stage of execution of the sentence
Страницы / Pages: 124-130
Аннотация / Annotation:
The article considers the degree of scientific elaboration of the problems of the stage of execution of the sentence in the criminal proceedings of Russia. Analyzed dissertations defended from 1960 to the present time, which are devoted to various aspects of the specified stage. Particular attention is paid to doctoral dissertations, where were presented proposals to improve it, holistic concepts of the institute of execution of the sentence were developed, the algorithm of actions of participants in the criminal process was defined.
Ключевые слова / Keywords:
execution of sentence, stage of execution of sentence, mechanism of execution of sentence, reprieve from serving a sentence, participants of the stage of execution of sentence.
SCIENTIFIC DEBUTАннотация / Annotation:
The article considers the degree of scientific elaboration of the problems of the stage of execution of the sentence in the criminal proceedings of Russia. Analyzed dissertations defended from 1960 to the present time, which are devoted to various aspects of the specified stage. Particular attention is paid to doctoral dissertations, where were presented proposals to improve it, holistic concepts of the institute of execution of the sentence were developed, the algorithm of actions of participants in the criminal process was defined.
Ключевые слова / Keywords:
execution of sentence, stage of execution of sentence, mechanism of execution of sentence, reprieve from serving a sentence, participants of the stage of execution of sentence.
YUBKO V.A. Yubko V.A. – master’s degree in Law
Historical preconditions of the emergence and development of the constitutional right to education
Страницы / Pages: 131-139
Аннотация / Annotation:
The article analyzes the historical background of the emergence and development of the constitutional right to education. The author shows that the right to education in relation to foreign states can be enshrined not only in the constitution, but also in the so-called constitutional bloc. The article addresses the issues of the origin of the right to education, which historically was formed later than the term “education”.
Ключевые слова / Keywords:
Constitution, the right to education, development, constitutional consolidation.
Аннотация / Annotation:
The article analyzes the historical background of the emergence and development of the constitutional right to education. The author shows that the right to education in relation to foreign states can be enshrined not only in the constitution, but also in the so-called constitutional bloc. The article addresses the issues of the origin of the right to education, which historically was formed later than the term “education”.
Ключевые слова / Keywords:
Constitution, the right to education, development, constitutional consolidation.
GLAZKOVA M.P. Glazkova M.P. – postgraduate
State ideology in the mirror of national relations
Страницы / Pages: 140-148
Аннотация / Annotation:
The article discussed the reflection of Soviet state ideology in interethnic relations in the USSR in 1985-1991. A brief review of Russian historiography on the problem is presented, taking into account the chosen definition of ideology as a phenomenon, the problem of interrelation of ideology as an instrument of state policy with a system of social ideals in the late Soviet multinational society is posed.
Ключевые слова / Keywords:
soviet ideology, ideals, national relations, and perestroika.
Аннотация / Annotation:
The article discussed the reflection of Soviet state ideology in interethnic relations in the USSR in 1985-1991. A brief review of Russian historiography on the problem is presented, taking into account the chosen definition of ideology as a phenomenon, the problem of interrelation of ideology as an instrument of state policy with a system of social ideals in the late Soviet multinational society is posed.
Ключевые слова / Keywords:
soviet ideology, ideals, national relations, and perestroika.
KOCHONIAN G.A.
Kochonian G.A.
–
The collapse of the Soviet Union: legal aspects
Страницы / Pages: 149-156
Аннотация / Annotation:
The article describes the process of disintegration of the Council of the Socialist Republic from the perspective of a peahen, how the process of the legal aspect, shows the basic regulations that were adopted in the period and were associated with the decay of the union.
Ключевые слова / Keywords:
USSR, CIS, constitution, sovereignty, independence, union.
REVIEWSАннотация / Annotation:
The article describes the process of disintegration of the Council of the Socialist Republic from the perspective of a peahen, how the process of the legal aspect, shows the basic regulations that were adopted in the period and were associated with the decay of the union.
Ключевые слова / Keywords:
USSR, CIS, constitution, sovereignty, independence, union.
KOZHEVNIKOV V.V. Kozhevnikov V.V. – Doctor of Law, Professor
On the problems of the general theory of state and law (based on the critical analysis of the textbook by N. A. Vlasenko “Theory of State and Law”. M.: Prospect, 2015. 416 p.).
Страницы / Pages: 157-167
Аннотация / Annotation:
This scientific article analyzes the remarks of the textbook N.A. Vlasenko “Theory of State and Law”, which relate to controversial, meaningless copyright provisions, provisions relating to the author’s disregard for the current Russian legislation. Some provisions of the work subjected to critical analysis necessitated the consideration of a number of general theoretical problems: the relationship of legality and legitimacy of state power, the criteria for the truth of knowledge about the state and law, signs of legitimate behavior, the relationship of a subject of law and a subject of legal relations, functions of legal responsibility, legal content of acts of law.
Ключевые слова / Keywords:
textbook, theory of state and law, critical analysis, legality of state power, lawful behavior.
Аннотация / Annotation:
This scientific article analyzes the remarks of the textbook N.A. Vlasenko “Theory of State and Law”, which relate to controversial, meaningless copyright provisions, provisions relating to the author’s disregard for the current Russian legislation. Some provisions of the work subjected to critical analysis necessitated the consideration of a number of general theoretical problems: the relationship of legality and legitimacy of state power, the criteria for the truth of knowledge about the state and law, signs of legitimate behavior, the relationship of a subject of law and a subject of legal relations, functions of legal responsibility, legal content of acts of law.
Ключевые слова / Keywords:
textbook, theory of state and law, critical analysis, legality of state power, lawful behavior.
ARABADZHIYSKI N. Arabadzhiyski N. – PhD of Economics, Professor
Review on the textbook I.V. Ponkin «Theory of Public Administration»
Страницы / Pages: 168-173
Аннотация / Annotation:
This material is a scientific review on the textbook of Igor Ponkin «Theory of Public Administration» (Moscow: INFRA-M, 2019, 529 p.). Evaluation is given from the point of view of a professional who has been teaching similar academic disciplines in Bulgarian universities for a long time.
Ключевые слова / Keywords:
theory of science of public administration, public administration, government, municipal administration, public management theory, administrative law.
Аннотация / Annotation:
This material is a scientific review on the textbook of Igor Ponkin «Theory of Public Administration» (Moscow: INFRA-M, 2019, 529 p.). Evaluation is given from the point of view of a professional who has been teaching similar academic disciplines in Bulgarian universities for a long time.
Ключевые слова / Keywords:
theory of science of public administration, public administration, government, municipal administration, public management theory, administrative law.