Право и образование
№ 08 • 2021
THEORY QUESTIONS
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
Methodology of Science and Applied Analytics: Factography and Applied Analytics
Страницы / Pages: 4-12
Аннотация / Annotation:
The article is devoted to the study of the correlation between factography and analytics. The author explains the existing interpretations of the concepts of “factography” and “fact”. The article describes the areas of relevant applicability of factography, self-worth and target substantiveness of a factographic product. The author explains some of the features of using the methods of applied analytics in factography.
Ключевые слова / Keywords:
factography, applied analytics, scientific concept, science, analytics, scientific knowledge, research method, scientific method.
Аннотация / Annotation:
The article is devoted to the study of the correlation between factography and analytics. The author explains the existing interpretations of the concepts of “factography” and “fact”. The article describes the areas of relevant applicability of factography, self-worth and target substantiveness of a factographic product. The author explains some of the features of using the methods of applied analytics in factography.
Ключевые слова / Keywords:
factography, applied analytics, scientific concept, science, analytics, scientific knowledge, research method, scientific method.
KOZHEVNIKOV V.V. Kozhevnikov V.V. – Doctor of Law, Professor
The Code as a Product of Systematization of Regulatory Legal Acts in the Russian Federation
Страницы / Pages: 13-16
Аннотация / Annotation:
The article discusses a number of problems related to such a normative legal act as a code: its concept, increasing the proportion, correlation with other laws. Particular attention is paid to the situation according to which the code is a “product” not only of the codification of regulations, as is customary in the legal literature, but also of consolidation
Ключевые слова / Keywords:
code, legal act, statutes, regulations, codification consolidation.
Аннотация / Annotation:
The article discusses a number of problems related to such a normative legal act as a code: its concept, increasing the proportion, correlation with other laws. Particular attention is paid to the situation according to which the code is a “product” not only of the codification of regulations, as is customary in the legal literature, but also of consolidation
Ключевые слова / Keywords:
code, legal act, statutes, regulations, codification consolidation.
KONOVALCHUK M.V. Konovalchuk M.V. – Candidate of Law
On the issue of legal regulation of the conflict of interests
Страницы / Pages: 17-24
Аннотация / Annotation:
The article is devoted to the issues of legal regulation of the conflict of interests. The conclusion is formed that its legislative definition should contribute to the formation of a single “cross-cutting” approach in order to systematize and streamline the legal norms governing various aspects of the conflict of interests. The author suggests identifying affiliation within the boundaries established by the definition of the concept of “conflict of interests”, taking into account the signs of affiliation established by the legislation on the protection of competition.
Ключевые слова / Keywords:
conflict of interest, personal interest, affiliation, anti-corruption, law enforcement practice, close relationship, property relations.
MODERN EDUCATIONАннотация / Annotation:
The article is devoted to the issues of legal regulation of the conflict of interests. The conclusion is formed that its legislative definition should contribute to the formation of a single “cross-cutting” approach in order to systematize and streamline the legal norms governing various aspects of the conflict of interests. The author suggests identifying affiliation within the boundaries established by the definition of the concept of “conflict of interests”, taking into account the signs of affiliation established by the legislation on the protection of competition.
Ключевые слова / Keywords:
conflict of interest, personal interest, affiliation, anti-corruption, law enforcement practice, close relationship, property relations.
BODROVA E.V. Bodrova E.V. – Doctor of Sciences in History, Professor
GOLOVANOVA N.B. Golovanova N.B. – Doctor of Sciences in Economics, Professor
Digital transformation of the educational process in technical universities: stages, achievements, problems
Страницы / Pages: 25-35
Аннотация / Annotation:
Based on the analysis of the regulatory framework, scientific literature, statistical data and experience of digital transformation of the educational activities of technical universities and organizations of the additional education system, the article examines both the main achievements in this area and the factors that determine the slowdown. Platform solutions for navigation in the digital transformation of the educational process and individualization of the educational trajectory are very promising; technologies of “mixed” learning, including forms of contact and online interaction of students, teachers and employers.
Ключевые слова / Keywords:
digitalization, transformation, educational process, engineering and technical training.
Аннотация / Annotation:
Based on the analysis of the regulatory framework, scientific literature, statistical data and experience of digital transformation of the educational activities of technical universities and organizations of the additional education system, the article examines both the main achievements in this area and the factors that determine the slowdown. Platform solutions for navigation in the digital transformation of the educational process and individualization of the educational trajectory are very promising; technologies of “mixed” learning, including forms of contact and online interaction of students, teachers and employers.
Ключевые слова / Keywords:
digitalization, transformation, educational process, engineering and technical training.
SUCHILKINA E.V. Suchilkina E.V. – Candidate of Historical Sciences, Associate Professor
NIKITINA M.E. Nikitina M.E. – Candidate of Historical Sciences
The role of the university in the modern higher education system
Страницы / Pages: 36-40
Аннотация / Annotation:
The aim of the work is to analyze the processes of modernization of the development of education in modern conditions, changing the role and importance of universities in modern society. The article analyzes the process of transformation of Russian higher education associated with the implementation of the Bologna Agreement and identifies the shortcomings of the implementation of the Bologna Agreement in the Russian higher education system. The features of the directions of development of the higher education system in modern conditions are revealed.
Ключевые слова / Keywords:
higher education, modern university, the role of the university, the transformation of higher education.
Аннотация / Annotation:
The aim of the work is to analyze the processes of modernization of the development of education in modern conditions, changing the role and importance of universities in modern society. The article analyzes the process of transformation of Russian higher education associated with the implementation of the Bologna Agreement and identifies the shortcomings of the implementation of the Bologna Agreement in the Russian higher education system. The features of the directions of development of the higher education system in modern conditions are revealed.
Ключевые слова / Keywords:
higher education, modern university, the role of the university, the transformation of higher education.
AKHMETOV A.S. Akhmetov A.S. – Ph.D, associate professor
ALPYSBAY N.A. Alpysbay N.A. – Ph.D, associate professor
Modern educational technologies in the process of teaching legal and economic disciplines
Страницы / Pages: 41-48
Аннотация / Annotation:
This article is devoted to the study of modern educational technologies in the study of legal and economic disciplines. The main purpose of the article is a comprehensive analysis of available learning technologies, the basis of which is represented by active and interactive forms of learning. Scientific research was carried out on the basis of existing developments and proposals of various authors. In the conclusions of the article, the authors provide recommendations for improving the process of applying current teaching technologies.
Ключевые слова / Keywords:
law, economics, teacher, student, pedagogical process, legal education, economic education, teaching technologies.
Аннотация / Annotation:
This article is devoted to the study of modern educational technologies in the study of legal and economic disciplines. The main purpose of the article is a comprehensive analysis of available learning technologies, the basis of which is represented by active and interactive forms of learning. Scientific research was carried out on the basis of existing developments and proposals of various authors. In the conclusions of the article, the authors provide recommendations for improving the process of applying current teaching technologies.
Ключевые слова / Keywords:
law, economics, teacher, student, pedagogical process, legal education, economic education, teaching technologies.
DVORECKIJ D.A.
Dvoreckij D.A.
–
LUZGIN S.A. Luzgin S.A. – Candidate of Pedagogical Sciences, Associate Professor
SOKOLOVA A.V.
Sokolova A.V.
–
Model of Organizational and Pedagogical Conditions for the Formation of Readiness of Cadets of the Federal Penal Service of Russia to Ensure Information Security
Страницы / Pages: 49-61
Аннотация / Annotation:
The article is devoted to the problem of finding a way to resolve the contradiction between the objectively necessary level of readiness of FPS of Russia cadets to ensure information security in their professional activities and the low level of competence on these issues of graduates in the first months of service. The author’s approach is to develop a refined model of organizational and pedagogical conditions in the pedagogical system to improve the effectiveness of the process of formation of this readiness.
Ключевые слова / Keywords:
professional readiness, professional competence, readiness components, professionally important qualities, information security, readiness formation, organizational and pedagogical conditions, cadet.
HOT TOPICАннотация / Annotation:
The article is devoted to the problem of finding a way to resolve the contradiction between the objectively necessary level of readiness of FPS of Russia cadets to ensure information security in their professional activities and the low level of competence on these issues of graduates in the first months of service. The author’s approach is to develop a refined model of organizational and pedagogical conditions in the pedagogical system to improve the effectiveness of the process of formation of this readiness.
Ключевые слова / Keywords:
professional readiness, professional competence, readiness components, professionally important qualities, information security, readiness formation, organizational and pedagogical conditions, cadet.
SABLUKOV A.V. Sablukov A.V. – PhD in Sociology
Information and consulting and educational support of state programs
Страницы / Pages: 62-70
Аннотация / Annotation:
The article analyzes the effectiveness of information and consulting and educational services provided to entrepreneurs within the framework of the state program for the development and support of small and medium-sized businesses..
Ключевые слова / Keywords:
state program, information and consulting and educational services; efficiency.
Аннотация / Annotation:
The article analyzes the effectiveness of information and consulting and educational services provided to entrepreneurs within the framework of the state program for the development and support of small and medium-sized businesses..
Ключевые слова / Keywords:
state program, information and consulting and educational services; efficiency.
POZDNYAKOVA E.A. Pozdnyakova E.A. – Candidate of Law
Lease of agricultural land plots unused or used in violation of the legislation of the Russian Federation as an alternative to their withdrawal from the owners
Страницы / Pages: 71-77
Аннотация / Annotation:
The Federal Law «On the turnover of agricultural land” provides for a norm according to which unused or used in violation of the legislation of the Russian Federation land plots are subject to compulsory withdrawal from the owners with their subsequent sale through auctions. In our opinion, the deprivation of property rights is an extreme measure that is not always justified, so we suggest considering the transfer of these land plots for rent as an alternative.
Ключевые слова / Keywords:
agricultural land plots, owners, withdrawal, use, non-use, lease, intended use, legislation.
Аннотация / Annotation:
The Federal Law «On the turnover of agricultural land” provides for a norm according to which unused or used in violation of the legislation of the Russian Federation land plots are subject to compulsory withdrawal from the owners with their subsequent sale through auctions. In our opinion, the deprivation of property rights is an extreme measure that is not always justified, so we suggest considering the transfer of these land plots for rent as an alternative.
Ключевые слова / Keywords:
agricultural land plots, owners, withdrawal, use, non-use, lease, intended use, legislation.
BABUSHKIN A.A. Babushkin A.A. – candidate of Legal Sciences
BIKTUGANOVA M.YU.
Biktuganova M.Yu.
–
Problems of legislative regulation of operational-search control over persons prone to commit crimes of extremist orientation and terrorist nature
Страницы / Pages: 78-87
Аннотация / Annotation:
The article deals with topical issues of improving the legislative framework of operational and investigative control over persons who are prone to commit crimes of an extremist orientation and a terrorist nature. The adoption of these measures is due to the need to develop and implement new approaches to the protection of the individual, society and the state from crimes of this category in the light of the aggravation of external and internal threats to the national security of the Russian Federation. The proposals to improve the operational-search legislation are aimed at forming a system of proactive response to extremist and terrorist manifestations.
Ключевые слова / Keywords:
legislative framework, operational-search control, persons prone to commit crimes, crimes of extremist orientation and terrorist nature, grounds for conducting operational-search activities.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article deals with topical issues of improving the legislative framework of operational and investigative control over persons who are prone to commit crimes of an extremist orientation and a terrorist nature. The adoption of these measures is due to the need to develop and implement new approaches to the protection of the individual, society and the state from crimes of this category in the light of the aggravation of external and internal threats to the national security of the Russian Federation. The proposals to improve the operational-search legislation are aimed at forming a system of proactive response to extremist and terrorist manifestations.
Ключевые слова / Keywords:
legislative framework, operational-search control, persons prone to commit crimes, crimes of extremist orientation and terrorist nature, grounds for conducting operational-search activities.
KOVALEV O.G.: DOCTOR OF LAW Kovalev O.G.: doctor of Law – Professor, Candidate of Psychological Sciences
SHCHERBAKOV A.V. Shcherbakov A.V. – candidate of Legal Sciences, Associate Professor
The use of physical force against convicted persons within the framework of international standards
Страницы / Pages: 88-95
Аннотация / Annotation:
The article deals with the legal procedure for the use of physical force by employees of the administration of places of deprivation of liberty in relation to convicted persons serving criminal sentences on the example of international experience. Attention is focused on the illegal behavior of convicts in relation to the administration staff, and solutions are proposed for the introduction of international experience on the procedure for the use of physical force against a special agent in the domestic penitentiary system.
Ключевые слова / Keywords:
international legal acts, physical force, administration employees, convicts.
Аннотация / Annotation:
The article deals with the legal procedure for the use of physical force by employees of the administration of places of deprivation of liberty in relation to convicted persons serving criminal sentences on the example of international experience. Attention is focused on the illegal behavior of convicts in relation to the administration staff, and solutions are proposed for the introduction of international experience on the procedure for the use of physical force against a special agent in the domestic penitentiary system.
Ключевые слова / Keywords:
international legal acts, physical force, administration employees, convicts.
VASILENKO A.A. Vasilenko A.A. – Candidate of Juridical Sciences;
LIASHUK S.V.
Liashuk S.V.
–
The term of the contract
Страницы / Pages: 96-101
Аннотация / Annotation:
The article is devoted to topical issues of the term of the contract, the term for the performance of work, including the fulfillment of the obligation in an appropriate manner. The article used law enforcement (judicial) practice in the economic courts of the Republic of Belarus. As a result of the analysis, scientific conclusions of an independent nature were made.
Ключевые слова / Keywords:
civil contract, the term of the contract, the term of the work, the proper performance of the obligation.
Аннотация / Annotation:
The article is devoted to topical issues of the term of the contract, the term for the performance of work, including the fulfillment of the obligation in an appropriate manner. The article used law enforcement (judicial) practice in the economic courts of the Republic of Belarus. As a result of the analysis, scientific conclusions of an independent nature were made.
Ключевые слова / Keywords:
civil contract, the term of the contract, the term of the work, the proper performance of the obligation.
SITKINA M.N. Sitkina M.N. – candidate of legal Sciences, docent
Administrative responsibility for minor hooliganism: current state and prospects of development
Страницы / Pages: 102-107
Аннотация / Annotation:
The author argues for the improvement of the norms providing for administrative responsibility for minor hooliganism both in the current Administrative Code of the Russian Federation and in the draft of the new Code of Administrative Offenses of the Russian Federation. The author consistently substantiates the point of view about the need to expand the boundaries of the objective side, as well as the exclusion of signs that are not characteristic of petty hooliganism.
Ключевые слова / Keywords:
minor hooliganism, public order, administrative responsibility, public place, draft Administrative Code of the Russian Federation, an offense.
PAGES OF HISTORYАннотация / Annotation:
The author argues for the improvement of the norms providing for administrative responsibility for minor hooliganism both in the current Administrative Code of the Russian Federation and in the draft of the new Code of Administrative Offenses of the Russian Federation. The author consistently substantiates the point of view about the need to expand the boundaries of the objective side, as well as the exclusion of signs that are not characteristic of petty hooliganism.
Ключевые слова / Keywords:
minor hooliganism, public order, administrative responsibility, public place, draft Administrative Code of the Russian Federation, an offense.
PODYAKONOV V.M. Podyakonov V.M. – Candidate of Historical Sciences
BALANOVSKY V.L.
Balanovsky V.L.
–
Partisan movement – the most important factor of victory (for the 80th anniversary of the beginning of the Great Patriotic War)
Страницы / Pages: 108-116
Аннотация / Annotation:
The article examines the origin and the most important stages of the development of the partisan movement in the temporarily occupied territory of the USSR during the Great Patriotic War. The social, political, and military aspects of this movement are revealed. The evolution of forms and methods of armed struggle is traced. The role and significance of the partisan movement in achieving the Great Victory are shown.
Ключевые слова / Keywords:
war, occupation, fascist invaders, underground, partisans, raids, repulse to the enemy, liberation.
SCIENTIFIC DEBUTАннотация / Annotation:
The article examines the origin and the most important stages of the development of the partisan movement in the temporarily occupied territory of the USSR during the Great Patriotic War. The social, political, and military aspects of this movement are revealed. The evolution of forms and methods of armed struggle is traced. The role and significance of the partisan movement in achieving the Great Victory are shown.
Ключевые слова / Keywords:
war, occupation, fascist invaders, underground, partisans, raids, repulse to the enemy, liberation.
BUGAKOVA O.V.
Bugakova O.V.
–
Individual issues of the use of personal data for anti-corruption purposes
Страницы / Pages: 117-125
Аннотация / Annotation:
Examines the issue of providing civil servants with information about income, property and property obligations, expenses of their own and their family members in the context of providing personal data and the authority to process them. The author comes to the conclusion that there is no single criterion for assessing the circumstances that led to the provision of incomplete or unreliable information (personal data) about family members to civil servants.
Ключевые слова / Keywords:
personal data, civil servant, information about income, property and property obligations, anti-corruption, dismissal due to loss of trust.
Аннотация / Annotation:
Examines the issue of providing civil servants with information about income, property and property obligations, expenses of their own and their family members in the context of providing personal data and the authority to process them. The author comes to the conclusion that there is no single criterion for assessing the circumstances that led to the provision of incomplete or unreliable information (personal data) about family members to civil servants.
Ключевые слова / Keywords:
personal data, civil servant, information about income, property and property obligations, anti-corruption, dismissal due to loss of trust.
KOSACHEVA А.N.
Kosacheva А.N.
–
Public legal entities
Страницы / Pages: 126-135
Аннотация / Annotation:
The phenomenon of public legal entities is that they perform both private and public legal functions. The purpose of the study is to analyze the criteria and characteristics of public legal entities, as well as to develop proposals for improving their legislative regulation in Russia. This goal predetermined the need to solve the following tasks: 1) consider the features and criteria for the allocation of public legal entities; 2) propose ways to reform the civil code of the Russian Federation in terms of regulating the civil status of public legal entities.
Ключевые слова / Keywords:
state, subject of civil law, public law, public interests, public legal entities, legal entities of public law.
Аннотация / Annotation:
The phenomenon of public legal entities is that they perform both private and public legal functions. The purpose of the study is to analyze the criteria and characteristics of public legal entities, as well as to develop proposals for improving their legislative regulation in Russia. This goal predetermined the need to solve the following tasks: 1) consider the features and criteria for the allocation of public legal entities; 2) propose ways to reform the civil code of the Russian Federation in terms of regulating the civil status of public legal entities.
Ключевые слова / Keywords:
state, subject of civil law, public law, public interests, public legal entities, legal entities of public law.