Право и образование
№ 07 • 2020
THEORY QUESTIONS
KOZHEVNIKOV V.V. Kozhevnikov V.V. – Doctor of Law, Professor
On the theoretical problems of the political system of society (based on the analysis of educational literature on the theory of state and law)
Страницы / Pages: 4-8
Аннотация / Annotation:
This scientific article analyzes the institutional aspect of the political system of society. In other words, we are talking about its subjects. The author substantiates the position according to which, in addition to the organizational, political and program criteria presented to organizations as subjects of the political system, it is necessary to introduce the criterion of legality. It is proved that criminal communities cannot be recognized as subjects of the political system. This applies equally to organizations “with a minor political dimension.”
Ключевые слова / Keywords:
political system, criminal communities, political criterion, substitution of concepts, logical error, quality of literature.
Аннотация / Annotation:
This scientific article analyzes the institutional aspect of the political system of society. In other words, we are talking about its subjects. The author substantiates the position according to which, in addition to the organizational, political and program criteria presented to organizations as subjects of the political system, it is necessary to introduce the criterion of legality. It is proved that criminal communities cannot be recognized as subjects of the political system. This applies equally to organizations “with a minor political dimension.”
Ключевые слова / Keywords:
political system, criminal communities, political criterion, substitution of concepts, logical error, quality of literature.
PEREPELITSA E.V. Perepelitsa E.V. – candidate of law
Fundamental research in science of Law as a factor of institutional security of the contemporary State
Страницы / Pages: 9-17
Аннотация / Annotation:
Modern humanitarian challenges have led to a demand for applied research, including in legal science. Over several decades, this led to the fact that the legal sciences have virtually no ontological basis, which guarantees successful legal practices. Excess of new problems enlivens science, stimulates its development. Although basic research does not bring quick dividends, its conduct is an important factor in the institutional security state.
Ключевые слова / Keywords:
cognition, fundamental knowledge, the era of metamodern, scientific paradigm, law-making, pragmatism, legal doctrine, social order, state security, practice-oriented jurisprudence.
Аннотация / Annotation:
Modern humanitarian challenges have led to a demand for applied research, including in legal science. Over several decades, this led to the fact that the legal sciences have virtually no ontological basis, which guarantees successful legal practices. Excess of new problems enlivens science, stimulates its development. Although basic research does not bring quick dividends, its conduct is an important factor in the institutional security state.
Ключевые слова / Keywords:
cognition, fundamental knowledge, the era of metamodern, scientific paradigm, law-making, pragmatism, legal doctrine, social order, state security, practice-oriented jurisprudence.
KHILYUTA V.V. Khilyuta V.V. – Candidate of Law, Associate Professor
Crime in conditions of formation change
Страницы / Pages: 18-25
Аннотация / Annotation:
The article addresses the doctrinal problems of crime as a central institution of criminal law. The essence and content of the concept of “crime” and its features are disclosed from an ontological point of view. The author outlines trends in the development of the teaching of crime in the context of the global instrumentalization of criminal law and the unification of modern legal systems.
Ключевые слова / Keywords:
crime, essence of crime, signs of crime, criminal law.
MODERN EDUCATIONАннотация / Annotation:
The article addresses the doctrinal problems of crime as a central institution of criminal law. The essence and content of the concept of “crime” and its features are disclosed from an ontological point of view. The author outlines trends in the development of the teaching of crime in the context of the global instrumentalization of criminal law and the unification of modern legal systems.
Ключевые слова / Keywords:
crime, essence of crime, signs of crime, criminal law.
BULAVKINA E.B.
Bulavkina E.B.
–
IZMAILOVA R.G. Izmailova R.G. – Candidate of Pedagogical Sciences, Associate Professor
TIMOKHINA T.V. Timokhina T.V. – Doctor of Education, Associate Professor
SHEINOVA T.G. Sheinova T.G. – Candidate of Pedagogical Sciences, Associate Professor
Legal basis for the assessment of domestic pedagogical practices
Страницы / Pages: 26-33
Аннотация / Annotation:
The article reveals the legal foundations of various areas of study of the quality of pedagogical practices in Russia and the procedures for their assessment. A number of federal, regional, local regulatory documents were studied: decrees, regulations, rules, instructions, recommendations and regulations, as well as documents regulating the assessment of the level of pedagogical skill. The conclusion is made about the need to assess pedagogical practices based on existing legislation.
Ключевые слова / Keywords:
legal basis, legislation, teacher, pedagogical practices, pedagogical activity.
Аннотация / Annotation:
The article reveals the legal foundations of various areas of study of the quality of pedagogical practices in Russia and the procedures for their assessment. A number of federal, regional, local regulatory documents were studied: decrees, regulations, rules, instructions, recommendations and regulations, as well as documents regulating the assessment of the level of pedagogical skill. The conclusion is made about the need to assess pedagogical practices based on existing legislation.
Ключевые слова / Keywords:
legal basis, legislation, teacher, pedagogical practices, pedagogical activity.
ORLOV A.A. Orlov A.A. – candidate of legal Sciences
Legal regulation of physical education using distance learning technologies
Страницы / Pages: 34-42
Аннотация / Annotation:
The article deals with the use of e-learning and distance learning technologies in connection with the risk of coronavirus infection. The article analyzes the possibility of achieving the results by students that are presented to graduates of the Federal State Educational Standards. The gap between the requirements imposed by the Federal State Educational Standard and the exemplary OOP, and the possibilities of distance learning in relation to such a subject as physical education is assessed.
Ключевые слова / Keywords:
sports, physical education, basic educational program, e-learning, distance educational technologies.
Аннотация / Annotation:
The article deals with the use of e-learning and distance learning technologies in connection with the risk of coronavirus infection. The article analyzes the possibility of achieving the results by students that are presented to graduates of the Federal State Educational Standards. The gap between the requirements imposed by the Federal State Educational Standard and the exemplary OOP, and the possibilities of distance learning in relation to such a subject as physical education is assessed.
Ключевые слова / Keywords:
sports, physical education, basic educational program, e-learning, distance educational technologies.
MOROZOVA S.A. Morozova S.A. – PhD, associate Professor
The phenomenon of the oxymoron of the categorical apparatus of the method of teaching law: University lecture, seminar, workshop
Страницы / Pages: 43-49
Аннотация / Annotation:
The article draws attention to the appearance of concepts in the special literature devoted to the educational process in higher education, which imply radical changes in the understanding of the essence of the main forms of educational activities, different from the established didactic concepts. The author questions the necessity and scientific validity of such innovations and offers reasonable ways to solve the problem of classification of forms of educational activities in higher education and understanding their definitions.
Ключевые слова / Keywords:
interactive forms of learning, University lecture, problem lecture, binary lecture, provocation lecture, practical lesson, visualization lecture.
Аннотация / Annotation:
The article draws attention to the appearance of concepts in the special literature devoted to the educational process in higher education, which imply radical changes in the understanding of the essence of the main forms of educational activities, different from the established didactic concepts. The author questions the necessity and scientific validity of such innovations and offers reasonable ways to solve the problem of classification of forms of educational activities in higher education and understanding their definitions.
Ключевые слова / Keywords:
interactive forms of learning, University lecture, problem lecture, binary lecture, provocation lecture, practical lesson, visualization lecture.
GORDEEVA D.S. Gordeeva D.S. – candidate of pedagogics
The personal-activity approach as a general scientific basis for the environmental and economic training of future managers
Страницы / Pages: 50-54
Аннотация / Annotation:
The article reveals the essence of the personal-activity approach as a methodological basis for the environmental and economic training of future managers. The role and research opportunities, as well as the principles of the personality-activity approach as a modern guideline for scientific research are considered.
Ключевые слова / Keywords:
methodology, methodological approach, personal-activity approach, integrity, environmental and economic training of future managers.
A CONSITUTIONAL LAWАннотация / Annotation:
The article reveals the essence of the personal-activity approach as a methodological basis for the environmental and economic training of future managers. The role and research opportunities, as well as the principles of the personality-activity approach as a modern guideline for scientific research are considered.
Ключевые слова / Keywords:
methodology, methodological approach, personal-activity approach, integrity, environmental and economic training of future managers.
KULAKOVA Y.Y. CANDIDATE OF LEGAL SCIENCES Kulakova Y.Y. Candidate of legal Sciences – associate Professor
BELYAEVA O.V. Belyaeva O.V. – Candidate of legal Sciences, associate Professor
Problems of compliance of legislation of constituent entities of the Russian Federation the constitution of Russia
Страницы / Pages: 55-61
Аннотация / Annotation:
In the article the problems of conformity of legislation of constituent entities of the Russian Federation with the Constitution of the Russian Federation, and also between the rules governing homogeneous social relations.
Ключевые слова / Keywords:
Constitution of the Russian Federation, legislation, legal collision.
Аннотация / Annotation:
In the article the problems of conformity of legislation of constituent entities of the Russian Federation with the Constitution of the Russian Federation, and also between the rules governing homogeneous social relations.
Ключевые слова / Keywords:
Constitution of the Russian Federation, legislation, legal collision.
YAGOFAROVA I.D. Yagofarova I.D. – candidate of law, associate Professor
ENSURING A BALANCE OF INTERESTS OF VARIOUS SUBJECTS IN THE IMPLEMENTATION OF RIGHTS AND FREEDOMS IN THE RUSSIAN FEDERATION
Страницы / Pages: 62-66
Аннотация / Annotation:
Human rights and freedoms, their recognition and protection are one of the most popular areas of research not only in the legal sphere, but also in other public spheres, since in one way or another the rights and interests of certain subjects are affected in the implementation of any activity. The article emphasizes that the list of rights and freedoms enshrined in the current Constitution of the Russian Federation is quite wide, but in recent years, one can still observe infringement of the rights and interests of legal entities. The state increasingly imposes restrictions on the economic rights of subjects, which is related to the ratio of public and private interests and the needs of the national security of the state as a whole.
Ключевые слова / Keywords:
rights and interests of subjects, restriction of rights and freedoms, goals of restrictions, balance of public and private interests, national security.
HOT TOPICАннотация / Annotation:
Human rights and freedoms, their recognition and protection are one of the most popular areas of research not only in the legal sphere, but also in other public spheres, since in one way or another the rights and interests of certain subjects are affected in the implementation of any activity. The article emphasizes that the list of rights and freedoms enshrined in the current Constitution of the Russian Federation is quite wide, but in recent years, one can still observe infringement of the rights and interests of legal entities. The state increasingly imposes restrictions on the economic rights of subjects, which is related to the ratio of public and private interests and the needs of the national security of the state as a whole.
Ключевые слова / Keywords:
rights and interests of subjects, restriction of rights and freedoms, goals of restrictions, balance of public and private interests, national security.
SUHOVETSKAYA E.YU. Suhovetskaya E.Yu. – candidate of pedagogical Sciences, associate Professor
SLIVKIN A.N.
Slivkin A.N.
–
Mechanism for implementing the concept of military-patriotic education in the educational activities of higher education institutions of the national guard
of the Russian Federation
Страницы / Pages: 67-75
Аннотация / Annotation:
The article deals with the issues of Patriotic education in the educational activities of military educational institutions of the national guard of the Russian Federation. The authors substantiate the need to develop new methodological foundations and conceptual approaches in the implementation of military-Patriotic education. The paper analyzes the implementation of the concept of Patriotic education at different levels (directions).
Ключевые слова / Keywords:
military-patriotic education, national guard troops, military personnel, cadets.
Аннотация / Annotation:
The article deals with the issues of Patriotic education in the educational activities of military educational institutions of the national guard of the Russian Federation. The authors substantiate the need to develop new methodological foundations and conceptual approaches in the implementation of military-Patriotic education. The paper analyzes the implementation of the concept of Patriotic education at different levels (directions).
Ключевые слова / Keywords:
military-patriotic education, national guard troops, military personnel, cadets.
KIRICHENKO T.V. Kirichenko T.V. – doctor of Economics, Professor
SHUBINA I.V. Shubina I.V. – candidate of Pedagogical Sciences, associate Professor
SMYSLOVA N.M.
Smyslova N.M.
–
Current issues of the russian economy development in the context of digital transformation: problems and prospects
Страницы / Pages: 76-81
Аннотация / Annotation:
The article considers the author’s approach to the need to create an information economy, as well as the process of its formation, development and transformation into a digital economy in relation to modern conditions.
Ключевые слова / Keywords:
Internet economy, network economy, digital economy, digital transformation.
Аннотация / Annotation:
The article considers the author’s approach to the need to create an information economy, as well as the process of its formation, development and transformation into a digital economy in relation to modern conditions.
Ключевые слова / Keywords:
Internet economy, network economy, digital economy, digital transformation.
KONOVALCHUK M.V. Konovalchuk M.V. – candidate of jurisprudence
Moral guidelines in anti-corruption education of employees of the penal system
Страницы / Pages: 82-89
Аннотация / Annotation:
The article examines the problem of anti-corruption education of employees in terms of moral values established by society and the state. The conclusion is formed that when training criminal enforcement officers, it is necessary to pay attention to the study of a number of anti-corruption topics related to the education and self-education of the moral foundations of anti-corruption.
Ключевые слова / Keywords:
corruption, morality, anti-corruption education, the penal system.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article examines the problem of anti-corruption education of employees in terms of moral values established by society and the state. The conclusion is formed that when training criminal enforcement officers, it is necessary to pay attention to the study of a number of anti-corruption topics related to the education and self-education of the moral foundations of anti-corruption.
Ключевые слова / Keywords:
corruption, morality, anti-corruption education, the penal system.
ASTAFIEV N.V. Astafiev N.V. – Doctor of Pedagogics, Professor;
OVCHINNIKOV V. A. Ovchinnikov V. A. – Doctor of Pedagogics, Professor;
LYSKOVA M.I. Lyskova M.I. – Candidate of Philosophy
Additional vocational education of the newly appointed teaching staff of the educational institutions of the Ministry of Internal Affairs of the Russian Federation
Страницы / Pages: 90-96
Аннотация / Annotation:
The authors of the article substantiate the need to train all newly appointed instructors of the educational institutions of the Ministry of Internal Affairs of the Russian Federation within the framework of advanced training programs, and those who do not have higher pedagogical education – within the framework of professional retraining programs.
Ключевые слова / Keywords:
educational institutions of the Ministry of Internal Affairs of the Russian Federation; teaching staff; additional vocational education programs.
Аннотация / Annotation:
The authors of the article substantiate the need to train all newly appointed instructors of the educational institutions of the Ministry of Internal Affairs of the Russian Federation within the framework of advanced training programs, and those who do not have higher pedagogical education – within the framework of professional retraining programs.
Ключевые слова / Keywords:
educational institutions of the Ministry of Internal Affairs of the Russian Federation; teaching staff; additional vocational education programs.
ZHAGLINA M.YE. Zhaglina M.Ye. – Candidate of Law, Associate Professor
Class action institute: current state and development trends
Страницы / Pages: 97-106
Аннотация / Annotation:
The article deals with the novelties of civil and arbitration procedural legislation on class actions, analyzes the current state of the institution of class action in civil, arbitration and administrative proceedings, and justifies the need for further improvement of the legal regulation of group proceedings.
Ключевые слова / Keywords:
class action, group proceedings, protection of rights and interests of a group of persons, civil proceedings, arbitration proceedings, administrative proceedings.
Аннотация / Annotation:
The article deals with the novelties of civil and arbitration procedural legislation on class actions, analyzes the current state of the institution of class action in civil, arbitration and administrative proceedings, and justifies the need for further improvement of the legal regulation of group proceedings.
Ключевые слова / Keywords:
class action, group proceedings, protection of rights and interests of a group of persons, civil proceedings, arbitration proceedings, administrative proceedings.
TETERIN A.V. Teterin A.V. – PhD in Law
Interpretation of english terms: legal and methodical aspects
Страницы / Pages: 107-114
Аннотация / Annotation:
The article is devoted to the consideration of the terminological competence of law students. Such competence is an obligatory element of communicative competence of a lawyer. The author proves the need of the interpretation of legal terms relied on authentic methods adopted within target legal system. The author presents the technique of professionally-oriented study of the modes of interpretation, which is based on the method of communicative tasks.
Ключевые слова / Keywords:
communicative competence, terminological competence, professionally-oriented education, the interpretation of a term.
Аннотация / Annotation:
The article is devoted to the consideration of the terminological competence of law students. Such competence is an obligatory element of communicative competence of a lawyer. The author proves the need of the interpretation of legal terms relied on authentic methods adopted within target legal system. The author presents the technique of professionally-oriented study of the modes of interpretation, which is based on the method of communicative tasks.
Ключевые слова / Keywords:
communicative competence, terminological competence, professionally-oriented education, the interpretation of a term.
MAISTRENKO G.A. Maistrenko G.A. – PhD
The Supreme court of the United States: organizational and legal basis for the functioning
Страницы / Pages: 115-119
Аннотация / Annotation:
The article analyzes the organizational and legal basis of the Supreme court of the United States at various stages of American history, and concludes that this process is overly politicized one of the world’s oldest Supreme judicial bodies.
Ключевые слова / Keywords:
United States of America, Supreme court, judicial system, judge, Constitution, separation of powers, federalism.
REVIEWSАннотация / Annotation:
The article analyzes the organizational and legal basis of the Supreme court of the United States at various stages of American history, and concludes that this process is overly politicized one of the world’s oldest Supreme judicial bodies.
Ключевые слова / Keywords:
United States of America, Supreme court, judicial system, judge, Constitution, separation of powers, federalism.
OKHOTSKY E.V. Okhotsky E.V. – Doctor of science (sociology), рrofessor
Mission of the civil servantis the service and creation
Страницы / Pages: 120-127
Аннотация / Annotation:
In the paper we briefly discuss a change of public administration paradigms in the world and in Russia. We concluded that in recent years the vector has shifted from economic centrism and client-service to the value dimension of public service. The importance of such categories as public trust to authorities and the service of the latter to public interests are growing. Also we formulate requirements for public service personnel in the new conditions. The relevance of changing the content of management education and updating teaching aids in the direction of educating these values has been proved. At last we outlined the features of the third edition of the textbook “Public Service”, corresponding to the stated goals. Also disclosed are changes that have occurred in comparison with previous editions of the textbook. The advantages and disadvantages of the reviewed publication are noted and recommendations for using the book in the educational process of Russian universities.
Ключевые слова / Keywords:
public service, civil service, military service, public administration, educational standards, professional development.
Аннотация / Annotation:
In the paper we briefly discuss a change of public administration paradigms in the world and in Russia. We concluded that in recent years the vector has shifted from economic centrism and client-service to the value dimension of public service. The importance of such categories as public trust to authorities and the service of the latter to public interests are growing. Also we formulate requirements for public service personnel in the new conditions. The relevance of changing the content of management education and updating teaching aids in the direction of educating these values has been proved. At last we outlined the features of the third edition of the textbook “Public Service”, corresponding to the stated goals. Also disclosed are changes that have occurred in comparison with previous editions of the textbook. The advantages and disadvantages of the reviewed publication are noted and recommendations for using the book in the educational process of Russian universities.
Ключевые слова / Keywords:
public service, civil service, military service, public administration, educational standards, professional development.