Право и образование
№ 08 • 2019
THEORY QUESTIONS
STEPANISHCHEV А.Т. Stepanishchev А.Т. – PhD in History, professor
The mentality factor in military and humanitarian studies
Страницы / Pages: 4-16
Аннотация / Annotation:
The article reveals the essential and substantial features of the mentality factor as well as the problem of its usage in military and humanitarian studies. The author shows the causes of an underestimation of the mentality factor by some Russian researchers. The attention is drawn to the consideration of the mentality of peoples and personalities in the military. On the basis of the analysis of the Russian and the foreign literature the author concludes about the divergence of the authors’ views on the general and the Russian mentality (the article includes a brief historiography of the issue), about the attempts of foreign historians and philosophers to diminish (distort) the main features of the Russian mentality.
Ключевые слова / Keywords:
mentality, psychoanalysis, patriotism, thinking through time, humanitarian, civilizational approach, “breakthrough tactics”, “salient tactics”, collective imagination, historical psychology, morality, personality, communality, fetishization, traditions.
Аннотация / Annotation:
The article reveals the essential and substantial features of the mentality factor as well as the problem of its usage in military and humanitarian studies. The author shows the causes of an underestimation of the mentality factor by some Russian researchers. The attention is drawn to the consideration of the mentality of peoples and personalities in the military. On the basis of the analysis of the Russian and the foreign literature the author concludes about the divergence of the authors’ views on the general and the Russian mentality (the article includes a brief historiography of the issue), about the attempts of foreign historians and philosophers to diminish (distort) the main features of the Russian mentality.
Ключевые слова / Keywords:
mentality, psychoanalysis, patriotism, thinking through time, humanitarian, civilizational approach, “breakthrough tactics”, “salient tactics”, collective imagination, historical psychology, morality, personality, communality, fetishization, traditions.
PONKIN I.V. Ponkin I.V. – doctor of science (Law)
REDKINA A.I. Redkina A.I. – PhD (Law)
Methodology of science: engineering style of scientific writing (short formulations in scientific research)
Страницы / Pages: 17-22
Аннотация / Annotation:
This article explores issues related to the use of short expressions in scientific research. The authors explain the essence of the usage of engineering writing style in science. The authors describe the determinants of the validity of the use of short scientific textual constructs in scientific work, in legal research in particular.
Ключевые слова / Keywords:
analytics, scientific knowledge, research method, scientific method, scientific concept, engineering style of scientific writing, short formulations of formulations in scientific research.
Аннотация / Annotation:
This article explores issues related to the use of short expressions in scientific research. The authors explain the essence of the usage of engineering writing style in science. The authors describe the determinants of the validity of the use of short scientific textual constructs in scientific work, in legal research in particular.
Ключевые слова / Keywords:
analytics, scientific knowledge, research method, scientific method, scientific concept, engineering style of scientific writing, short formulations of formulations in scientific research.
YAGOFAROVA I.D. Yagofarova I.D. – candidate of law, associate Professor
The impact of globalization on the legal status of the person
Страницы / Pages: 23-28
Аннотация / Annotation:
The article deals with the impact of modern globalization processes on the dynamics of the legal status of the individual. On the one hand, globalization creates new opportunities for the individual, on the other hand, it also poses new threats to the realization and protection of human rights. In these circumstances, the state is forced to find the optimal balance for the implementation of public and private interest. One of these forms is the establishment by the legislator of restrictions on human rights and freedoms.
Ключевые слова / Keywords:
legal status of the person, restrictions of human rights and freedoms, limits of restrictions, globalization.
Аннотация / Annotation:
The article deals with the impact of modern globalization processes on the dynamics of the legal status of the individual. On the one hand, globalization creates new opportunities for the individual, on the other hand, it also poses new threats to the realization and protection of human rights. In these circumstances, the state is forced to find the optimal balance for the implementation of public and private interest. One of these forms is the establishment by the legislator of restrictions on human rights and freedoms.
Ключевые слова / Keywords:
legal status of the person, restrictions of human rights and freedoms, limits of restrictions, globalization.
POZDYSHEV R.S.
Pozdyshev R.S.
–
Continuing offenses in private law
Страницы / Pages: 29-34
Аннотация / Annotation:
The article is analyzed the features of continuing offenses in private law. We consider the legal rules and the views of the civil low experts on technical legal requirements for regulatory legal acts. Formulates conclusions about the general legal nature of continuing offenses.
Ключевые слова / Keywords:
continuing offense, limitation period, period of prescription.
MODERN EDUCATIONАннотация / Annotation:
The article is analyzed the features of continuing offenses in private law. We consider the legal rules and the views of the civil low experts on technical legal requirements for regulatory legal acts. Formulates conclusions about the general legal nature of continuing offenses.
Ключевые слова / Keywords:
continuing offense, limitation period, period of prescription.
BOLSHUNOV A.YA. Bolshunov A.Ya. – candidate of psychological Sciences, associate Professor
TYURIKOV A.G. Tyurikov A.G. – doctor of sociology, Professor
Institutions and regulatory conditions of formation of professional subjectivity in higher education
Страницы / Pages: 35-40
Аннотация / Annotation:
The article substantiates the need to institutionally Orient higher education to the formation of professional subjectivity of graduates. In this regard, the concepts of “subject”, “subjectivity” and “professional subjectivity”, “semantic system of professional activity”are specified. The features of professional subjectivity in financial activity are analyzed.
Ключевые слова / Keywords:
professional subjectivity, semantic system of professional activity, institutions of subjectivity, higher education as an institution of formation of professional subjectivity.
Аннотация / Annotation:
The article substantiates the need to institutionally Orient higher education to the formation of professional subjectivity of graduates. In this regard, the concepts of “subject”, “subjectivity” and “professional subjectivity”, “semantic system of professional activity”are specified. The features of professional subjectivity in financial activity are analyzed.
Ключевые слова / Keywords:
professional subjectivity, semantic system of professional activity, institutions of subjectivity, higher education as an institution of formation of professional subjectivity.
KIRILLOVYH A.A. Kirillovyh A.A. – candidate of legal sciences
Problems of creation of separate departments of universities for the implementation of educational activities: legal aspect
Страницы / Pages: 41-47
Аннотация / Annotation:
The article analyzes the modern problems of creation and organization of activities of separate structural units of universities in the framework of the need to implement practical training of students. Taking into account the norms of the current educational legislation, as well as the prospects for its development, the author concludes that it is possible to create separate structural units on the basis of other organizations that do not have the status of a branch in order to implement the educational process.
Ключевые слова / Keywords:
branch, Department, education, organization, integration, practice.
Аннотация / Annotation:
The article analyzes the modern problems of creation and organization of activities of separate structural units of universities in the framework of the need to implement practical training of students. Taking into account the norms of the current educational legislation, as well as the prospects for its development, the author concludes that it is possible to create separate structural units on the basis of other organizations that do not have the status of a branch in order to implement the educational process.
Ключевые слова / Keywords:
branch, Department, education, organization, integration, practice.
MAKARKINA O.E. Makarkina O.E. – сandidate of pedagogicall sciences
Coping behavior of university teachers: an analysis of age differences
Страницы / Pages: 48-54
Аннотация / Annotation:
The results of a study of the syndrome of emotional burnout of teachers with different work experience in high school are considered; It is noted that in the group of teachers with work experience of less than 10 years there is a high level of severity on some properties of behavior (confrontation, search for social support, flight, positive reappraisal), teachers with experience of more than 10 years tend to reduce the significance of the situation, they seek support from, recognize their role in these situations.
Ключевые слова / Keywords:
performance level, burnout syndrome, individual and personal characteristics of teachers, coping behavior, coping strategies.
Аннотация / Annotation:
The results of a study of the syndrome of emotional burnout of teachers with different work experience in high school are considered; It is noted that in the group of teachers with work experience of less than 10 years there is a high level of severity on some properties of behavior (confrontation, search for social support, flight, positive reappraisal), teachers with experience of more than 10 years tend to reduce the significance of the situation, they seek support from, recognize their role in these situations.
Ключевые слова / Keywords:
performance level, burnout syndrome, individual and personal characteristics of teachers, coping behavior, coping strategies.
KUPTSOVA O.V. Kuptsova O.V. – candidate of law, docent
Advantages and problems of online learning (on the example of the «law» online course implementation)
Страницы / Pages: 55-61
Аннотация / Annotation:
An attempt was made to analyze the advantages and disadvantages of online learning through the assessment prism of the online course author and generalizations in scientific sources. Describes the experience of creating and implementing an online course «Law», identifies the difficulties encountered and the mechanisms for their elimination. The author’s conclusions are complemented by the opinions of scholars studying the problems of online learning.
Ключевые слова / Keywords:
online learning, online course, Law, means of education, educational technology.
PROFESSIONAL EDUCATIONАннотация / Annotation:
An attempt was made to analyze the advantages and disadvantages of online learning through the assessment prism of the online course author and generalizations in scientific sources. Describes the experience of creating and implementing an online course «Law», identifies the difficulties encountered and the mechanisms for their elimination. The author’s conclusions are complemented by the opinions of scholars studying the problems of online learning.
Ключевые слова / Keywords:
online learning, online course, Law, means of education, educational technology.
NAUMKINA V.V. Naumkina V.V. – doctor of law, associate Professor
The state total certification of post-graduates in jurisprudence direction
Страницы / Pages: 62-67
Аннотация / Annotation:
The problem questions of content of the state total certification are picked out in the article. The making research demonstrates the necessity of he improvement of the post-graduates’ preparation. The conclusions of this article must be used for the elaboration of the standards (or insertion of changing) and in the formation of the post-graduate’s state total certification’s program.
Ключевые слова / Keywords:
legal education, post-graduate course, personnel of higher qualification, final qualification work, master’s thesis.
Аннотация / Annotation:
The problem questions of content of the state total certification are picked out in the article. The making research demonstrates the necessity of he improvement of the post-graduates’ preparation. The conclusions of this article must be used for the elaboration of the standards (or insertion of changing) and in the formation of the post-graduate’s state total certification’s program.
Ключевые слова / Keywords:
legal education, post-graduate course, personnel of higher qualification, final qualification work, master’s thesis.
PETRENKO A.S. Petrenko A.S. – doctor of pedagogical Sciences
ZHELEZNICHENKO I.M.
Zheleznichenko I.M.
–
Theoretical analysis of the formation of professional competences of cadets of military educational organizations on the basis of automated training complex
Страницы / Pages: 68-74
Аннотация / Annotation:
The article deals with the current state of formation of professional competences of cadets of military educational organizations on the basis of an automated training complex. The research was carried out by the method of analysis of the works of domestic military specialists in the field of military training. The theoretical analysis of the problem is carried out. The content of professional competences and their interrelation is analyzed.
Ключевые слова / Keywords:
professional competence, competence approach, cadets, military educational organizations.
Аннотация / Annotation:
The article deals with the current state of formation of professional competences of cadets of military educational organizations on the basis of an automated training complex. The research was carried out by the method of analysis of the works of domestic military specialists in the field of military training. The theoretical analysis of the problem is carried out. The content of professional competences and their interrelation is analyzed.
Ключевые слова / Keywords:
professional competence, competence approach, cadets, military educational organizations.
MITROFANOVA K.A. Mitrofanova K.A. – Candidate of Science (Pedagogy), associate professor
PEN’KOVA E.A.
Pen’kova E.A.
–
Intercultural competence development in students of the medical university
Страницы / Pages: 75-81
Аннотация / Annotation:
The article reviews the foreign literature on issues of the development of intercultural competence of specialists in the healthcare system. The component analysis and structure of the cultural competence are presented. The model of intercultural competence is described that can be a basis to organize teaching students intercultural communication in the medical school. The analysis of the experience of teaching students intercultural communication at the Ural State Medical University was performed.
Ключевые слова / Keywords:
cultural competence, intercultural competence model, healthcare, cultural diversity, medical student.
HOT TOPICАннотация / Annotation:
The article reviews the foreign literature on issues of the development of intercultural competence of specialists in the healthcare system. The component analysis and structure of the cultural competence are presented. The model of intercultural competence is described that can be a basis to organize teaching students intercultural communication in the medical school. The analysis of the experience of teaching students intercultural communication at the Ural State Medical University was performed.
Ключевые слова / Keywords:
cultural competence, intercultural competence model, healthcare, cultural diversity, medical student.
DEGTYAREV M.V.
Degtyarev M.V.
–
The place and importance of administrative and legal regulation in the total amount of legal support for fight against doping in sport
Страницы / Pages: 82-87
Аннотация / Annotation:
The article is devoted to research of the place and importance of administrative and legal regulation in the total amount of legal support for fight against doping in sport. The author draws conclusions regarding the nature and dominant place of administrative responsibility in the overall volume of responsibility in the field of fight against doping in sport.
Ключевые слова / Keywords:
doping in sports, public administration in the field of sports, anti-doping support of sports, sports, administrative law.
Аннотация / Annotation:
The article is devoted to research of the place and importance of administrative and legal regulation in the total amount of legal support for fight against doping in sport. The author draws conclusions regarding the nature and dominant place of administrative responsibility in the overall volume of responsibility in the field of fight against doping in sport.
Ключевые слова / Keywords:
doping in sports, public administration in the field of sports, anti-doping support of sports, sports, administrative law.
DOROSHENKO O.M. Doroshenko O.M. – candidate of law
Communication and collaboration organizations, and members of the police in the prevention of offences in the youth environment
Страницы / Pages: 88-94
Аннотация / Annotation:
This article deals with the issues of counteraction of the internal Affairs bodies to juvenile delinquency, reflects the experience in this area of foreign colleagues. Priority directions of subjects of prevention of offenses in this activity are specified.
Ключевые слова / Keywords:
minor, internal Affairs bodies, police, offence, teenager, subjects of prevention, persuasion.
Аннотация / Annotation:
This article deals with the issues of counteraction of the internal Affairs bodies to juvenile delinquency, reflects the experience in this area of foreign colleagues. Priority directions of subjects of prevention of offenses in this activity are specified.
Ключевые слова / Keywords:
minor, internal Affairs bodies, police, offence, teenager, subjects of prevention, persuasion.
MAISTRENKO G.A. Maistrenko G.A. – PhD in law
Legal education as one of directions of increase of efficiency of realization of the right
Страницы / Pages: 95-98
Аннотация / Annotation:
The main problems of legal education in the Russian Federation are considered, some proposals for improving legal education as one of the ways to improve the effectiveness of the implementation of the law are given.
Ключевые слова / Keywords:
legal education, implementation of law, legal culture, legal awareness, national idea.
Аннотация / Annotation:
The main problems of legal education in the Russian Federation are considered, some proposals for improving legal education as one of the ways to improve the effectiveness of the implementation of the law are given.
Ключевые слова / Keywords:
legal education, implementation of law, legal culture, legal awareness, national idea.
TROFIMCHUK N.V. Trofimchuk N.V. – candidate of juridical science
TURCHINA O.V. Turchina O.V. – candidate of juridical science, associate professor
Actual problems of legal protection of personal data in the conditions of information and social environment
Страницы / Pages: 99-105
Аннотация / Annotation:
The article examines the peculiarities of personal data protection, including on the Internet, within the framework of the current legislation of the Russian Federation. The directions for improving the legal regulation of relations connected with the use by the subjects of their personal data on the Internet are designated.
Ключевые слова / Keywords:
personal data, personal data subjects, personal data operator, information, information and social environment.
Аннотация / Annotation:
The article examines the peculiarities of personal data protection, including on the Internet, within the framework of the current legislation of the Russian Federation. The directions for improving the legal regulation of relations connected with the use by the subjects of their personal data on the Internet are designated.
Ключевые слова / Keywords:
personal data, personal data subjects, personal data operator, information, information and social environment.
KOLOTKINA O.A. Kolotkina O.A. – candidate of law, associate Professor
Evaluation of the effectiveness of legal regulation of innovative activity in Russia
Страницы / Pages: 106-112
Аннотация / Annotation:
The creation and proper development of the innovation system in the state directly affects the stability of economic security, and hence national security as a whole. In this connection, according to the author, due attention is required to assess the effectiveness of the current legislation in the field of innovation and suggest ways to improve it. The article takes into account the legal experience of some foreign countries in the field of innovation.
Ключевые слова / Keywords:
legal regulation, innovative activity, innovative code.
Аннотация / Annotation:
The creation and proper development of the innovation system in the state directly affects the stability of economic security, and hence national security as a whole. In this connection, according to the author, due attention is required to assess the effectiveness of the current legislation in the field of innovation and suggest ways to improve it. The article takes into account the legal experience of some foreign countries in the field of innovation.
Ключевые слова / Keywords:
legal regulation, innovative activity, innovative code.
KOZACHEK A.V. Kozachek A.V. – Candidate of Pedagogical Sciences, Associate Professor
The analysis peculiarities of regulatory requirements for engineer-ecologist qualification characteristics in order to design the content of professional engineering and environmental training
Страницы / Pages: 113-121
Аннотация / Annotation:
It is proposed to assess the requirements of professional standards in the design of the content of professional training of environmental engineer to analyze such basic normative documents that determine the requirements for labor functions and qualification characteristics of environmental engineer, as a single qualification directory of positions of managers, specialists and employees, a single tariff and qualification directory of works and professions of workers, professional standards.
Ключевые слова / Keywords:
professional activity, professional preparation, job characteristics, work performance, professional standards, core documents, the engineer-ecologist.
WE DISCUSS THE PROBLEMАннотация / Annotation:
It is proposed to assess the requirements of professional standards in the design of the content of professional training of environmental engineer to analyze such basic normative documents that determine the requirements for labor functions and qualification characteristics of environmental engineer, as a single qualification directory of positions of managers, specialists and employees, a single tariff and qualification directory of works and professions of workers, professional standards.
Ключевые слова / Keywords:
professional activity, professional preparation, job characteristics, work performance, professional standards, core documents, the engineer-ecologist.
MIRONENKO S.YU. Mironenko S.Yu. – candidate of legal sciences
Legal regulation of the interaction of operational workers and the investigator in the process of investigating crimes
Страницы / Pages: 122-129
Аннотация / Annotation:
Problems of combating crime are complex and multifaceted and in their study involve the use of a number of scientific methods. The article explores the concept of legal regulation of the interaction of operational workers and the investigator in the process of investigating crimes. The need to improve legislation in matters of legal regulation of the interaction of operational workers and the investigator is justified.
Ключевые слова / Keywords:
investigative and operational group, disclosure and investigation of crimes, operational search activities.
Аннотация / Annotation:
Problems of combating crime are complex and multifaceted and in their study involve the use of a number of scientific methods. The article explores the concept of legal regulation of the interaction of operational workers and the investigator in the process of investigating crimes. The need to improve legislation in matters of legal regulation of the interaction of operational workers and the investigator is justified.
Ключевые слова / Keywords:
investigative and operational group, disclosure and investigation of crimes, operational search activities.
BARINOV S.V. Barinov S.V. – PhD in law
The principle of aggressiveness in law enforcement activities related to the detection and investigation of crimes
Страницы / Pages: 130-137
Аннотация / Annotation:
Questions of realization of the principle of offensive at investigation of crimes are considered. It is established that the offensive is traditionally used in the description of the active activity of law enforcement agencies in the context of the fight against a certain type of crime. It is noted that the offensive in criminal proceedings may be manifested in the pre-emptive nature of the actions of authorized bodies aimed at the suppression of criminal activity.
Ключевые слова / Keywords:
offensive, crime investigation, law enforcement.
Аннотация / Annotation:
Questions of realization of the principle of offensive at investigation of crimes are considered. It is established that the offensive is traditionally used in the description of the active activity of law enforcement agencies in the context of the fight against a certain type of crime. It is noted that the offensive in criminal proceedings may be manifested in the pre-emptive nature of the actions of authorized bodies aimed at the suppression of criminal activity.
Ключевые слова / Keywords:
offensive, crime investigation, law enforcement.
GIRICHUK V.V. Girichuk V.V. – candidate of legal sciences
Problematic issues of observance of the rights of minors in the application of coercive measures
Страницы / Pages: 138-142
Аннотация / Annotation:
The article examines and analyzes the problematic issues of the use of coercive measures in the investigation of crimes committed by minors.
Ключевые слова / Keywords:
crimes committed by minors, preventive measures, detention of a minor, imprisonment of a minor, care of a minor.
Аннотация / Annotation:
The article examines and analyzes the problematic issues of the use of coercive measures in the investigation of crimes committed by minors.
Ключевые слова / Keywords:
crimes committed by minors, preventive measures, detention of a minor, imprisonment of a minor, care of a minor.
KOPYTKIN S.A. Kopytkin S.A. – candidate of legal Sciences
SHURUNOV N.G. Shurunov N.G. – doctor of legal Sciences, Professor.
Classification of methods of committing crimes, sentenced to imprisonment and in detention, having socially significant diseases.
Страницы / Pages: 143-151
Аннотация / Annotation:
The scientific article substantiates the need to classify the ways of committing crimes by suspects, accused and convicted persons held in institutions of the penal system and having socially significant diseases. Various approaches and bases of classification of ways of Commission of crimes by the considered category of subjects are offered.
Ключевые слова / Keywords:
method, classification, crime, socially significant diseases, penal system.
PAGES OF HISTORYАннотация / Annotation:
The scientific article substantiates the need to classify the ways of committing crimes by suspects, accused and convicted persons held in institutions of the penal system and having socially significant diseases. Various approaches and bases of classification of ways of Commission of crimes by the considered category of subjects are offered.
Ключевые слова / Keywords:
method, classification, crime, socially significant diseases, penal system.
KARPICHENKO N.P. Karpichenko N.P. – doctor of history, Professor
Conciliar Code of 1649
Страницы / Pages: 152-158
Аннотация / Annotation:
370 years ago in Russia the Zemsky Sobor developed and fixed the Cathedral Code. This normative document for a long time defined many aspects of her life. It was the first time that the basic laws of the state were not just collected, they were classified by industry. This article provides a brief description of some of the changes made by the code, as well as its importance for the development of Russian statehood.
Ключевые слова / Keywords:
Conciliar Code of 1649, reasons for its adoption, summary, meaning.
Аннотация / Annotation:
370 years ago in Russia the Zemsky Sobor developed and fixed the Cathedral Code. This normative document for a long time defined many aspects of her life. It was the first time that the basic laws of the state were not just collected, they were classified by industry. This article provides a brief description of some of the changes made by the code, as well as its importance for the development of Russian statehood.
Ключевые слова / Keywords:
Conciliar Code of 1649, reasons for its adoption, summary, meaning.
TOURÉ CH.A. Touré Ch.A. – PhD (Law)
Constitutional design of statehood in the Republic of Mali: from 1968 to the present
Страницы / Pages: 159-167
Аннотация / Annotation:
The article is devoted to the study of the genesis of the constitutional design of state in the Republic of Mali. The research was carried out in the period from 1968 to the present. Showing the features of presidential authority in this state.
Ключевые слова / Keywords:
constitutional law, state, public administration, constitutional design of statehood, Republic of Mali.
Аннотация / Annotation:
The article is devoted to the study of the genesis of the constitutional design of state in the Republic of Mali. The research was carried out in the period from 1968 to the present. Showing the features of presidential authority in this state.
Ключевые слова / Keywords:
constitutional law, state, public administration, constitutional design of statehood, Republic of Mali.
SOKLAKOV A.YU. Soklakov A.Yu. – PhD (History), associate professor
OBERNIKHIN E.A. Obernikhin E.A. – associate professor
Commemorating Red Army soldiers perished during World War II in the framework of peace campaigning and truth searching
Страницы / Pages: 168-176
Аннотация / Annotation:
The article considers the issues involved in the preservation of Soviet military memorial burials in Europe. It proves that their conservation accompanied by conducting search works enhances mutual understanding and facilitates peace building efforts as well as the preservation of the objective views on World War II. The author suggests the directions for studying the problems entailed in these processes.
Ключевые слова / Keywords:
military cemeteries, necropolis, World War II, search works, mass grave, war victims, intergovernmental cooperation, intergovernmental treaties, reconciliation, historic and memorial significance.
Аннотация / Annotation:
The article considers the issues involved in the preservation of Soviet military memorial burials in Europe. It proves that their conservation accompanied by conducting search works enhances mutual understanding and facilitates peace building efforts as well as the preservation of the objective views on World War II. The author suggests the directions for studying the problems entailed in these processes.
Ключевые слова / Keywords:
military cemeteries, necropolis, World War II, search works, mass grave, war victims, intergovernmental cooperation, intergovernmental treaties, reconciliation, historic and memorial significance.