Право и образование
№ 08 • 2020
EDUCATIONAL LAWPLOCKA O.A.
Plocka O.A. – doctor of law
Problems of using distance technologies in russian legal education in the context of the Covid-19 warning
Страницы / Pages: 4-10
Аннотация / Annotation:
This paper examines the features of using distance technologies in Russian legal education. Special attention is paid to the analysis of legal acts regulating this activity. Attempts are made to identify practical problems of using distance technologies in universities that train future lawyers.
Ключевые слова / Keywords:
distance technologies, legal education, information and educational environment.
FILIPPOVA M.YU. Аннотация / Annotation:
This paper examines the features of using distance technologies in Russian legal education. Special attention is paid to the analysis of legal acts regulating this activity. Attempts are made to identify practical problems of using distance technologies in universities that train future lawyers.
Ключевые слова / Keywords:
distance technologies, legal education, information and educational environment.
Filippova M.Yu. – PhD in law, associate Professor
Educational legal relations as the «core» of the subject of educational law
Страницы / Pages: 11-16
Аннотация / Annotation:
The article considers educational legal relations as one of the leading ones in the system of public relations. It is proposed to differentiate other relations in the field of education depending on the time of their occurrence. The characteristic of a person’s subjective interest as the primary basis for the emergence of educational relations is given.
Ключевые слова / Keywords:
education, educational law, educational attitude, relations in the field of education, need for education, subjective interest.
EVPLOVA E.V. Аннотация / Annotation:
The article considers educational legal relations as one of the leading ones in the system of public relations. It is proposed to differentiate other relations in the field of education depending on the time of their occurrence. The characteristic of a person’s subjective interest as the primary basis for the emergence of educational relations is given.
Ключевые слова / Keywords:
education, educational law, educational attitude, relations in the field of education, need for education, subjective interest.
Evplova E.V. – Candidate of Pedagogic Sciences
YАKUPOV V.R. Yаkupov V.R. – Candidate of Juridical Sciences
Regulatory framework for digital pedagogy of higher education
Страницы / Pages: 17-23
Аннотация / Annotation:
The article presents the legal framework of digital pedagogy of higher education, namely the relevance of the problem of implementing educational programs of higher education using e-learning and distance learning technologies, analyzes the regulatory documents on the research problem.
Ключевые слова / Keywords:
digital pedagogy, distance education technologies, e-education, educational programs, higher education, etc.
KUZNETSOV A.V. Аннотация / Annotation:
The article presents the legal framework of digital pedagogy of higher education, namely the relevance of the problem of implementing educational programs of higher education using e-learning and distance learning technologies, analyzes the regulatory documents on the research problem.
Ключевые слова / Keywords:
digital pedagogy, distance education technologies, e-education, educational programs, higher education, etc.
Kuznetsov A.V. – candidate of Law, associate professor
Problems of legal regulation of labor of pedagogical workers
Страницы / Pages: 24-28
Аннотация / Annotation:
Today, in the context of the development of higher education, the study of the legal regulation of the work of pedagogical workers in Russia is relevant, despite the adoption of a systematic federal law on education. The article discusses the problems of legal regulation of the work of teachers in Russia, suggests solutions, as well as gives recommendations on the formation of a positive image of a teacher.
Ключевые слова / Keywords:
educational organizations, teaching staff, universities, personnel policy.
MODERN EDUCATIONАннотация / Annotation:
Today, in the context of the development of higher education, the study of the legal regulation of the work of pedagogical workers in Russia is relevant, despite the adoption of a systematic federal law on education. The article discusses the problems of legal regulation of the work of teachers in Russia, suggests solutions, as well as gives recommendations on the formation of a positive image of a teacher.
Ключевые слова / Keywords:
educational organizations, teaching staff, universities, personnel policy.
PASHENTSEV D.A.
Pashentsev D.A. – doctor of law, professor
ZALOILO M.V. Zaloilo M.V. – candidate of law
The impact of digital technologies on the development of education and its legal regulation
Страницы / Pages: 29-34
Аннотация / Annotation:
The article shows the main directions of influence of modern digital technologies on the development of education. The author emphasizes the complex nature of the transformation of public relations under the influence of the digitalization process. Features of mass transition to distance learning in modern conditions are revealed. The important role of teachers in the education of students is noted. Problems of development of legal regulation of education are shown and directions of their solution are suggested.
Ключевые слова / Keywords:
development of education, digital technologies, online learning, legislation on education, educational process, value-oriented approach.
SEMYONOV K.B. Аннотация / Annotation:
The article shows the main directions of influence of modern digital technologies on the development of education. The author emphasizes the complex nature of the transformation of public relations under the influence of the digitalization process. Features of mass transition to distance learning in modern conditions are revealed. The important role of teachers in the education of students is noted. Problems of development of legal regulation of education are shown and directions of their solution are suggested.
Ключевые слова / Keywords:
development of education, digital technologies, online learning, legislation on education, educational process, value-oriented approach.
Semyonov K.B. – doctor of pedagogical Sciences
SEMYONOVA A.S. Semyonova A.S. – candidate of pedagogical Sciences
Inclusive educational process and moral values
Страницы / Pages: 35-41
Аннотация / Annotation:
The article is devoted to inclusive education and the formation of moral values. the relationship between moral education and overcoming violations in children with disabilities is revealed. The example of interaction between healthy children, children with disabilities and parents shows an increase in the effectiveness of moral education and, as a result, an improvement in the physical and emotional state of children with disabilities.
Ключевые слова / Keywords:
inclusive education, formation of morality, educational opportunities, competence approach, equal members of society, socialization, pedagogical interaction.
LAZAREV A.A. Аннотация / Annotation:
The article is devoted to inclusive education and the formation of moral values. the relationship between moral education and overcoming violations in children with disabilities is revealed. The example of interaction between healthy children, children with disabilities and parents shows an increase in the effectiveness of moral education and, as a result, an improvement in the physical and emotional state of children with disabilities.
Ключевые слова / Keywords:
inclusive education, formation of morality, educational opportunities, competence approach, equal members of society, socialization, pedagogical interaction.
Lazarev A.A. – candidate of pedagogical Sciences
KONOVALENKO E.P.
Konovalenko E.P.
–
RAZUMOVA E.F. Razumova E.F. – candidate of technical Sciences
Formation of the fire-prevention educational space of the Ivanovo region
Страницы / Pages: 42-47
Аннотация / Annotation:
The article reveals the issue of formation of the fire-prevention educational space of the Ivanovo region. The authors identify the goals of creating a fire-prevention educational space, propose a three-level structure of functioning, as well as methods and forms of fire-prevention propaganda used to achieve these goals.
Ключевые слова / Keywords:
fire-prevention educational space, fire-safety propaganda, preventing fires, reducing the number of fires, reducing deaths on fires.
HOT TOPICАннотация / Annotation:
The article reveals the issue of formation of the fire-prevention educational space of the Ivanovo region. The authors identify the goals of creating a fire-prevention educational space, propose a three-level structure of functioning, as well as methods and forms of fire-prevention propaganda used to achieve these goals.
Ключевые слова / Keywords:
fire-prevention educational space, fire-safety propaganda, preventing fires, reducing the number of fires, reducing deaths on fires.
KRASNOVA G.A.
Krasnova G.A. – Dr. Sci. (Philosophy), State Professor
BARTSITS I.N. Bartsits I.N. – Doctor of Sci. (Law), State Professor
From academic mobility to scientific diplomacy
Страницы / Pages: 48-58
Аннотация / Annotation:
The article is devoted to the theoretical foundations and content of scientific diplomacy as an independent direction of foreign policy, as well as issues of legal, technological and organizational support of scientific diplomacy. The authors show the relevance of improving the legal support of scientific diplomacy. The authors of the article consider youth scientific diplomacy from the position of state support for the participation of young scientists in international scientific and technical cooperation, taking into account the national interests of Russia.
Ключевые слова / Keywords:
scientific diplomacy, young scientists, global challenges, «brain drain», public policy, international relations.
GRISHKOVETS A.A. Аннотация / Annotation:
The article is devoted to the theoretical foundations and content of scientific diplomacy as an independent direction of foreign policy, as well as issues of legal, technological and organizational support of scientific diplomacy. The authors show the relevance of improving the legal support of scientific diplomacy. The authors of the article consider youth scientific diplomacy from the position of state support for the participation of young scientists in international scientific and technical cooperation, taking into account the national interests of Russia.
Ключевые слова / Keywords:
scientific diplomacy, young scientists, global challenges, «brain drain», public policy, international relations.
Grishkovets A.A. – doctor of legal Sciences, Professor
Executive Power in modern Russia and economy
Страницы / Pages: 59-64
Аннотация / Annotation:
The article is devoted to the problem of juridical situation of Executive Power in modern Russia and its interaction with economy. Executive Power ensures realization of economical state’s function. In modern conditions this function there is not only internal but partly external function too.
Ключевые слова / Keywords:
Executive Power, economy, functions of Executive Power, Government of Russian Federation, federal bodies of Executive Power, economical safety.
SUKHAREVA E.R. Аннотация / Annotation:
The article is devoted to the problem of juridical situation of Executive Power in modern Russia and its interaction with economy. Executive Power ensures realization of economical state’s function. In modern conditions this function there is not only internal but partly external function too.
Ключевые слова / Keywords:
Executive Power, economy, functions of Executive Power, Government of Russian Federation, federal bodies of Executive Power, economical safety.
Sukhareva E.R. – Candidate of Law, Associate Professor
Legal nature of the relationship of the home and members of his family (including the former)
Страницы / Pages: 65-71
Аннотация / Annotation:
The article addresses the issue of determining the legal nature of the relationship between the owner of the dwelling and members of his family, including the former. Recognition of the material nature of the rights of these relationships is associated with the refusal to recognize the right to follow as a fundamental feature of material law. It is concluded that the relationship under investigation is based on a treaty that in some cases may be forced by the court.
Ключевые слова / Keywords:
a member of the family of the owner of the dwelling, a former member of the family of the owner of the dwelling, a living accommodation, right on someone else’s thing, limited proprietary rights, proprietary rights, obligations, the right of follow, a contract, alimony obligations.
GRIGORIEV O.V. Аннотация / Annotation:
The article addresses the issue of determining the legal nature of the relationship between the owner of the dwelling and members of his family, including the former. Recognition of the material nature of the rights of these relationships is associated with the refusal to recognize the right to follow as a fundamental feature of material law. It is concluded that the relationship under investigation is based on a treaty that in some cases may be forced by the court.
Ключевые слова / Keywords:
a member of the family of the owner of the dwelling, a former member of the family of the owner of the dwelling, a living accommodation, right on someone else’s thing, limited proprietary rights, proprietary rights, obligations, the right of follow, a contract, alimony obligations.
Grigoriev O.V. – Candidate of Law
Point of “uncertainty” of the russian judicial authority: to statement of the problem
Страницы / Pages: 72-77
Аннотация / Annotation:
This article substantiates that in the Russian Federation the judiciary is formed as the main branch of government, guaranteeing fundamental rights and freedoms of the individual. The idea is expressed that, ideally, the judiciary should be “outside” the state power, but this is more an elusive ideal than reality. It is concluded that in the circumstances, it is a fair, incorruptible and independent court, a court denounced by public confidence, that can become the pillar that will help the Russian supreme power to get out of the existing unfavorable circumstances to a new, more differentiated and high level of order
Ключевые слова / Keywords:
Russian Federation, judicial branch, incorruptible and independent court, fundamental rights and freedoms of an individual.
A CRIMINAL LAWАннотация / Annotation:
This article substantiates that in the Russian Federation the judiciary is formed as the main branch of government, guaranteeing fundamental rights and freedoms of the individual. The idea is expressed that, ideally, the judiciary should be “outside” the state power, but this is more an elusive ideal than reality. It is concluded that in the circumstances, it is a fair, incorruptible and independent court, a court denounced by public confidence, that can become the pillar that will help the Russian supreme power to get out of the existing unfavorable circumstances to a new, more differentiated and high level of order
Ключевые слова / Keywords:
Russian Federation, judicial branch, incorruptible and independent court, fundamental rights and freedoms of an individual.
SCОAN S.M.
Scоan S.M. – candidate of law
VASILIEV A.M. Vasiliev A.M. – doctor of historical Sciences, candidate of law
Contradictions and the need to qualify the norms of article 207.1 of the criminal code of the Russian Federation
Страницы / Pages: 78-85
Аннотация / Annotation:
The topic under Study is of great interest from the point of view of criminal law, since article 207.1 of the Criminal code of the Russian Federation was introduced into investigative and judicial practice only relatively recently by Federal law No. 100 – FZ of April 01, 2020. Descriptions of the disposition of this norm are stressful, since there are controversial issues during qualification. During the research, we tried to consistently reveal this.
Ключевые слова / Keywords:
law; society; legislator, coronavirus infection; state; threat to life; legal norm.
SITKINA M. Аннотация / Annotation:
The topic under Study is of great interest from the point of view of criminal law, since article 207.1 of the Criminal code of the Russian Federation was introduced into investigative and judicial practice only relatively recently by Federal law No. 100 – FZ of April 01, 2020. Descriptions of the disposition of this norm are stressful, since there are controversial issues during qualification. During the research, we tried to consistently reveal this.
Ключевые слова / Keywords:
law; society; legislator, coronavirus infection; state; threat to life; legal norm.
Sitkina M. – candidate of legal Sciences, docent
On the issue of improving the legal regulation of criminal liability for driving while intoxicated
Страницы / Pages: 86-90
Аннотация / Annotation:
The article consistently substantiates the author’s position on improving the norms of Art. 264.1 of the Criminal Code. The author proposes to establish criminal liability for drivers of vehicles subjected to administrative penalties under article 12.8; 12.26 of the administrative Code of the Russian Federation, who after a road accident or vehicle stop by authorized officials consumed alcohol, narcotic drugs or psychotropic substances. The author’s edition of part 2 of article is proposed. 264.1 of the Criminal Code.
Ключевые слова / Keywords:
administrative prejudice; criminalization; driver; criminal liability; state of intoxication; traffic accident.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article consistently substantiates the author’s position on improving the norms of Art. 264.1 of the Criminal Code. The author proposes to establish criminal liability for drivers of vehicles subjected to administrative penalties under article 12.8; 12.26 of the administrative Code of the Russian Federation, who after a road accident or vehicle stop by authorized officials consumed alcohol, narcotic drugs or psychotropic substances. The author’s edition of part 2 of article is proposed. 264.1 of the Criminal Code.
Ключевые слова / Keywords:
administrative prejudice; criminalization; driver; criminal liability; state of intoxication; traffic accident.
BAZYLEV V.N.
Bazylev V.N. – Doctor of Philology, Professor
Probabilistic model of language in forensic linguistic expertise
Страницы / Pages: 91-103
Аннотация / Annotation:
The article deals with the assessment of the reliability of the results of forensic examinations and the use of probabilistic methods in forensic science, provides quantitative measures of the reliability of forensic expert techniques.
Ключевые слова / Keywords:
expert’s conclusion, reliability, verbal formulation, probability.
GINATULINA O.A. Аннотация / Annotation:
The article deals with the assessment of the reliability of the results of forensic examinations and the use of probabilistic methods in forensic science, provides quantitative measures of the reliability of forensic expert techniques.
Ключевые слова / Keywords:
expert’s conclusion, reliability, verbal formulation, probability.
Ginatulina O.A. – сandidate of philosophical sciences
Logical competence of employees of the penal system
Страницы / Pages: 104-109
Аннотация / Annotation:
The article deals with the problem of limitations of intuitive logic in the staff of the penal system. The conclusions obtained as a result of the analysis of official documents in institutions and bodies of the penal system are presented. The list of the most common logical errors occurring in official documents is given. The conclusion is made about the need to develop logical literacy among employees of the penal system.
Ключевые слова / Keywords:
logical error, intuitive logic, the distortion of logical forms, official documents.
OGURTSOVA M.L. Аннотация / Annotation:
The article deals with the problem of limitations of intuitive logic in the staff of the penal system. The conclusions obtained as a result of the analysis of official documents in institutions and bodies of the penal system are presented. The list of the most common logical errors occurring in official documents is given. The conclusion is made about the need to develop logical literacy among employees of the penal system.
Ключевые слова / Keywords:
logical error, intuitive logic, the distortion of logical forms, official documents.
Ogurtsova M.L. – PhD in law
Special legal status of persons sentenced to imprisonment
Страницы / Pages: 110-115
Аннотация / Annotation:
The article deals with the special legal status of persons sentenced to imprisonment. The author studies restrictions in the implementation of human and civil rights and freedoms, expressed in duties, prohibitions, and responsibilities, as well as additional legal guarantees for certain socially vulnerable categories of convicts. It is concluded that the limits of restrictions on the rights and freedoms of those sentenced to imprisonment are determined by the principles of legal certainty, proportionality and justice.
Ключевые слова / Keywords:
persons sentenced to imprisonment, correctional institutions, restriction of rights, principles, proportionality.
PAGES OF HISTORYАннотация / Annotation:
The article deals with the special legal status of persons sentenced to imprisonment. The author studies restrictions in the implementation of human and civil rights and freedoms, expressed in duties, prohibitions, and responsibilities, as well as additional legal guarantees for certain socially vulnerable categories of convicts. It is concluded that the limits of restrictions on the rights and freedoms of those sentenced to imprisonment are determined by the principles of legal certainty, proportionality and justice.
Ключевые слова / Keywords:
persons sentenced to imprisonment, correctional institutions, restriction of rights, principles, proportionality.
SHCHANKINA L.N.
Shchankina L.N. – doctor of Historical Sciences
GNATOVSKAYA O.B. Gnatovskaya O.B. – candidate of philological Sciences
Projects of transformations of the Russian state-legal system in the works of Ivan Peresvetov
Страницы / Pages: 116-123
Аннотация / Annotation:
The article presents an analysis of the political and legal views of an outstanding thinker and reformer of the XVI century. Ivan Semenovich Peresvetov. The author reveals the features of the judicial and military reforms proposed by him to Tsar Ivan IV, and examines the views of I. S. Peresvetov on the structure of the state apparatus and the financial system of Russia. Today, scientists consider it necessary to further study the work of the reformer, especially the terminology in order to more accurately and correctly interpret the meaning of his texts.
Ключевые слова / Keywords:
Ivan Peresvetov, thinker, reformer, truth, law, faith, truth, reforms in Russia.
DEGTYAREV A.P. Аннотация / Annotation:
The article presents an analysis of the political and legal views of an outstanding thinker and reformer of the XVI century. Ivan Semenovich Peresvetov. The author reveals the features of the judicial and military reforms proposed by him to Tsar Ivan IV, and examines the views of I. S. Peresvetov on the structure of the state apparatus and the financial system of Russia. Today, scientists consider it necessary to further study the work of the reformer, especially the terminology in order to more accurately and correctly interpret the meaning of his texts.
Ключевые слова / Keywords:
Ivan Peresvetov, thinker, reformer, truth, law, faith, truth, reforms in Russia.
Degtyarev A.P. – doctor of historical sciences, associate professor
GRIGORIEV A.A.
Grigoriev A.A.
–
Representative of the Military Department in the State Duma imperial Russia
Страницы / Pages: 124-131
Аннотация / Annotation:
This article considers the historical beginning of interaction between the structures of the Military Ministry and the emerging Parliament represented by the State Duma of the country at the beginning of the 20th century. The main storyline is the work of the Assistant to the Military Minister of the General from the infanteria of A.A. Polivanov to establish contacts with the leadership of the Duma, its bodies. This took place against the background of the persistence of old monastic biases and stereotypes in the military department in relation to international opinion.
Ключевые слова / Keywords:
Military Department, State Duma, State Council, Regional Commission of Inquiry, institutions, structures, assistant to the military mini-group, Plan, departments, services, representation, mediator.
GAGIN V.V. Аннотация / Annotation:
This article considers the historical beginning of interaction between the structures of the Military Ministry and the emerging Parliament represented by the State Duma of the country at the beginning of the 20th century. The main storyline is the work of the Assistant to the Military Minister of the General from the infanteria of A.A. Polivanov to establish contacts with the leadership of the Duma, its bodies. This took place against the background of the persistence of old monastic biases and stereotypes in the military department in relation to international opinion.
Ключевые слова / Keywords:
Military Department, State Duma, State Council, Regional Commission of Inquiry, institutions, structures, assistant to the military mini-group, Plan, departments, services, representation, mediator.
Gagin V.V. – candidate of history
Voronezh – the cradle of long-range aviation, the motherland of parachuteism and airborne
Страницы / Pages: 132-140
Аннотация / Annotation:
The article is devoted to the contribution of the 11th heavy air brigade named after Consumer cooperation in the development of Long-Range Bomber Aviation, whose pilots stood at the origins of the emergence of both Soviet parachutism and the Airborne Troops. The complex process of organizational development of heavy aviation in the 1930s is shown, some problems in its formation and improvement are considered, an author’s assessment of individual omissions in the development of the Air Force in the prewar years is given.
Ключевые слова / Keywords:
11th Heavy Aviation Brigade named after Consumer cooperatives, special aviation, long-range bomber aircraft, airplanes, pilots, navigators, parachuting, airborne landing.
Аннотация / Annotation:
The article is devoted to the contribution of the 11th heavy air brigade named after Consumer cooperation in the development of Long-Range Bomber Aviation, whose pilots stood at the origins of the emergence of both Soviet parachutism and the Airborne Troops. The complex process of organizational development of heavy aviation in the 1930s is shown, some problems in its formation and improvement are considered, an author’s assessment of individual omissions in the development of the Air Force in the prewar years is given.
Ключевые слова / Keywords:
11th Heavy Aviation Brigade named after Consumer cooperatives, special aviation, long-range bomber aircraft, airplanes, pilots, navigators, parachuting, airborne landing.