Право и образование
№ 08 • 2023
THEORY QUESTIONS
CHERVYAKOVSKY A.V. Chervyakovsky A.V. – Candidate of Laws, Docent
Scott Shapiro’s understanding of the law
Страницы / Pages: 4-10
Аннотация / Annotation:
Views of the modern American scientist-positivist S. Shapiro on the legal norm, its types and structure are considered. Great attention is paid to the distinction between authorizing and binding norms by scientists, and the ratio of negative incentives - sanctions and nullity. The author of the work also made an attempt on the basis of the analysis of the concept of legal norm S. Shapiro to comprehend the understanding of this legal category, developed in Russian legal science.
Ключевые слова / Keywords:
rule of law, system of law, structure of norms of law, types of legal norms, sanction, nullity.
MODERN EDUCATIONАннотация / Annotation:
Views of the modern American scientist-positivist S. Shapiro on the legal norm, its types and structure are considered. Great attention is paid to the distinction between authorizing and binding norms by scientists, and the ratio of negative incentives - sanctions and nullity. The author of the work also made an attempt on the basis of the analysis of the concept of legal norm S. Shapiro to comprehend the understanding of this legal category, developed in Russian legal science.
Ключевые слова / Keywords:
rule of law, system of law, structure of norms of law, types of legal norms, sanction, nullity.
BANSHCHIKOVA S.L. Banshchikova S.L. – candidate of legal sciences, associate professor
The culture of using legal information in the educational process
Страницы / Pages: 11-17
Аннотация / Annotation:
The article is devoted to the actual problems of students’ use of information posted on the Internet. The author analyzes the results of the work of students of educational institutions of higher education in the development of certain legal disciplines, highlights the problems of using unreliable information when performing a number of practical tasks, and also gives recommendations on the organization of the educational process in order to prevent the use of unreliable or outdated information.
Ключевые слова / Keywords:
educational organization; student; legal situation analysis; information; Internet network; legal reference system; standard; professional competencies.
Аннотация / Annotation:
The article is devoted to the actual problems of students’ use of information posted on the Internet. The author analyzes the results of the work of students of educational institutions of higher education in the development of certain legal disciplines, highlights the problems of using unreliable information when performing a number of practical tasks, and also gives recommendations on the organization of the educational process in order to prevent the use of unreliable or outdated information.
Ключевые слова / Keywords:
educational organization; student; legal situation analysis; information; Internet network; legal reference system; standard; professional competencies.
BORCHENKO I.D. Borchenko I.D. – candidate of cultural studies
MAKASHOVA V.N. Makashova V.N. – candidate of pedagogical sciences, associate professor
Regulatory and legal support for the design of the content of additional professional programs in the field of education
Страницы / Pages: 18-25
Аннотация / Annotation:
The process of constant modernization in the field of education pushes for constant updating of the content of additional professional training programs and professional retraining. Normative legal documents in the field of education contain only the recommended structure and content of programs, which aims educational organizations of additional professional education to independently develop structural components and content content of programs.
Ключевые слова / Keywords:
additional professional program, advanced training, professional retraining.
Аннотация / Annotation:
The process of constant modernization in the field of education pushes for constant updating of the content of additional professional training programs and professional retraining. Normative legal documents in the field of education contain only the recommended structure and content of programs, which aims educational organizations of additional professional education to independently develop structural components and content content of programs.
Ключевые слова / Keywords:
additional professional program, advanced training, professional retraining.
REZER T.M. Rezer T.M. – Doctor of Education, Professor
LIANWEN YI.
Lianwen Yi.
–
Problems of professional training of music teachers in China
Страницы / Pages: 26-30
Аннотация / Annotation:
The article deals with the problems of professional training of music teachers in universities in China: a low level of students’ knowledge of cultural subjects; programs do not always take into account the peculiarities of music and pedagogical education; an increase in the number of students and a shortage of teachers; insufficient use of information technologies and the Internet in the specialties of music and pedagogical education.
Ключевые слова / Keywords:
professional training, higher school, music teachers, China, problems of professional training, the principle of interdisciplinarity.
Аннотация / Annotation:
The article deals with the problems of professional training of music teachers in universities in China: a low level of students’ knowledge of cultural subjects; programs do not always take into account the peculiarities of music and pedagogical education; an increase in the number of students and a shortage of teachers; insufficient use of information technologies and the Internet in the specialties of music and pedagogical education.
Ключевые слова / Keywords:
professional training, higher school, music teachers, China, problems of professional training, the principle of interdisciplinarity.
FILIPENKO E.V. Filipenko E.V. – сandidate of Pedagogical Sciences, Associate Professor
Formation of tolerance of students in the conditions of multicultural education of higher school
Страницы / Pages: 31-41
Аннотация / Annotation:
The article deals with the problem of the formation of tolerance as a moral quality of future specialists in the conditions of multicultural education of the university, analyzes the main approaches to the definition of tolerance. The results of a diagnostic study to identify the level of tolerance/intolerance of students are presented, an approximate program of education is given, the purpose, objectives, main directions of work and expected results from its implementation in the educational process are formulated.
Ключевые слова / Keywords:
tolerance, the formation of tolerance, multicultural education, ethnic tolerance.
HOT TOPICАннотация / Annotation:
The article deals with the problem of the formation of tolerance as a moral quality of future specialists in the conditions of multicultural education of the university, analyzes the main approaches to the definition of tolerance. The results of a diagnostic study to identify the level of tolerance/intolerance of students are presented, an approximate program of education is given, the purpose, objectives, main directions of work and expected results from its implementation in the educational process are formulated.
Ключевые слова / Keywords:
tolerance, the formation of tolerance, multicultural education, ethnic tolerance.
BARANOVA S.A. Baranova S.A. – PhD in Law, Associate Professor
Administrative responsibility for the failure by parents or other legal representatives of responsibilities maintenance minors and parenting: experience of Russia and CIS countries
Страницы / Pages: 42-48
Аннотация / Annotation:
The article considers the labilities for bringing to book parents or other legal representatives to administrative responsibility for violating their obligations to minors maintains, educate, parenting, protect their rights and interests. The experience of legal regulation of relations of administrative responsibility in the CIS countries for a similar offense is analyzed. Proposals for improving the current Russian administrative legislation are formulated.
Ключевые слова / Keywords:
administrative responsibility, failure to fulfill duties, improper upbringing, infant, foreign experience.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article considers the labilities for bringing to book parents or other legal representatives to administrative responsibility for violating their obligations to minors maintains, educate, parenting, protect their rights and interests. The experience of legal regulation of relations of administrative responsibility in the CIS countries for a similar offense is analyzed. Proposals for improving the current Russian administrative legislation are formulated.
Ключевые слова / Keywords:
administrative responsibility, failure to fulfill duties, improper upbringing, infant, foreign experience.
SAVUSHKIN L.M. Savushkin L.M. – Doctor of Historical Sciences, Professor
PERVUSHINA V.N. Pervushina V.N. – Doctor of Philosophy, Professor
OSTAPENKO V.S. Ostapenko V.S. – Doctor of Pedagogical Sciences, Professor
MOROZOVA N.M. Morozova N.M. – Doctor of Philosophy, Associate Professor
The historical and cultural phenomenon of the «Russian empire»: problems of status and periodization
Страницы / Pages: 49-61
Аннотация / Annotation:
The article gives a brief historical overview of the phenomenon of “empire”. The debatable problem of periodization and evolution of the Russian Empire is reflected. The essence and features of various periods of the development of the Russian Empire are analyzed. The importance of the imperial character of the country is emphasized, which allows it to revive after unprecedented shocks. The conclusion is made about the expediency of determining the periods of the empire’s development depending on the personality, style, and methods of government. The author’s periodization of the formation of the Russian Empire is proposed.
Ключевые слова / Keywords:
the phenomenon of the Russian Empire, features and signs of the empire, the concept of “periodization”, historical experience.
Аннотация / Annotation:
The article gives a brief historical overview of the phenomenon of “empire”. The debatable problem of periodization and evolution of the Russian Empire is reflected. The essence and features of various periods of the development of the Russian Empire are analyzed. The importance of the imperial character of the country is emphasized, which allows it to revive after unprecedented shocks. The conclusion is made about the expediency of determining the periods of the empire’s development depending on the personality, style, and methods of government. The author’s periodization of the formation of the Russian Empire is proposed.
Ключевые слова / Keywords:
the phenomenon of the Russian Empire, features and signs of the empire, the concept of “periodization”, historical experience.
ZHARKOVA G.I. Zharkova G.I. – Candidate of low
Agreement on the provision of social services at the present stage of the development of social services for citizens in the Russian Federation: problems and solutions
Страницы / Pages: 62-66
Аннотация / Annotation:
The article analyzes the main provisions of the agreement on the provision of social services to citizens.
Ключевые слова / Keywords:
state social protection services, social services, social policy, social services.
Аннотация / Annotation:
The article analyzes the main provisions of the agreement on the provision of social services to citizens.
Ключевые слова / Keywords:
state social protection services, social services, social policy, social services.
MIRONENKO S.YU. Mironenko S.Yu. – Candidate of Law, Associate Professor
The subjective side of the use of prohibited means and methods of warfare
Страницы / Pages: 67-75
Аннотация / Annotation:
The use of prohibited means and methods of warfare is quite common in the world, as evidenced by the events in Europe, Africa, and the Middle East. The fight against these socially dangerous acts has become the subject of many international treaties. The article explores the concept and content of the subjective side of the use of prohibited means and methods of warfare. Attention is focused on the fact that the vast majority of these crimes are committed only with direct intent.
Ключевые слова / Keywords:
war; prohibited means and methods; subjective side; guilt; direct intent; indirect intent.
PAGES OF HISTORYАннотация / Annotation:
The use of prohibited means and methods of warfare is quite common in the world, as evidenced by the events in Europe, Africa, and the Middle East. The fight against these socially dangerous acts has become the subject of many international treaties. The article explores the concept and content of the subjective side of the use of prohibited means and methods of warfare. Attention is focused on the fact that the vast majority of these crimes are committed only with direct intent.
Ключевые слова / Keywords:
war; prohibited means and methods; subjective side; guilt; direct intent; indirect intent.
GAVRISHCHUK V.V. Gavrishchuk V.V. – Doctor of Historical Sciences, Professor
Some aspects of traditions and military rituals in the Armed Forces of the Russian Federation: experience and ways of improvement
Страницы / Pages: 76-82
Аннотация / Annotation:
In the article, the author draws attention to the formation and development of traditions and military rituals in the domestic armed forces. Vivid historical examples are given. Proposals are being made to develop ways to improve work to strengthen traditions and military rituals in the Russian army and navy.
Ключевые слова / Keywords:
traditions, military rituals, norms of behavior of servicemen, moral attitudes, customs, spiritual code, solemn ceremonies, moral values.
Аннотация / Annotation:
In the article, the author draws attention to the formation and development of traditions and military rituals in the domestic armed forces. Vivid historical examples are given. Proposals are being made to develop ways to improve work to strengthen traditions and military rituals in the Russian army and navy.
Ключевые слова / Keywords:
traditions, military rituals, norms of behavior of servicemen, moral attitudes, customs, spiritual code, solemn ceremonies, moral values.
BEY E.V. Bey E.V. – candidate of historical sciences
A special commission of General A.A. Polivanova and her role in the democratization of the Russian army in 1917
Страницы / Pages: 83-89
Аннотация / Annotation:
After the fall of the autocracy in Russia, by the middle of the third year of the First World War (1914-1917), there was a disintegration of the entire military body of the state. The attempts of the Provisional Government to stop this rapid destructive process resulted in a unique experiment in the history of the Russian armed forces to create a democratic revolutionary army. The article explores little-known aspects of the activities of the special commission of General A.A. Polivanov, whose work was aimed at bringing the army to a «democratic image».
Ключевые слова / Keywords:
army democratization, order No. 1, General Polivanov’s commission, declaration of the soldier’s rights.
Аннотация / Annotation:
After the fall of the autocracy in Russia, by the middle of the third year of the First World War (1914-1917), there was a disintegration of the entire military body of the state. The attempts of the Provisional Government to stop this rapid destructive process resulted in a unique experiment in the history of the Russian armed forces to create a democratic revolutionary army. The article explores little-known aspects of the activities of the special commission of General A.A. Polivanov, whose work was aimed at bringing the army to a «democratic image».
Ключевые слова / Keywords:
army democratization, order No. 1, General Polivanov’s commission, declaration of the soldier’s rights.
BERKUTOV A.S. Berkutov A.S. – Candidate of Historical Sciences Annotation
Some features of the development of scientific units of law enforcement
agencies of the USSR (1920–1960)
Страницы / Pages: 90-96
Аннотация / Annotation:
The article, based on the introduction of new archival materials into scientific circulation, reveals the place and role of scientific units of the USSR law enforcement agencies in their activities to ensure public safety. The article considers the development of organizational forms of scientific units, primarily police bodies and their interaction.
Ключевые слова / Keywords:
fighting crime, the main police department, the forensic museum, the police, the research Institute of Criminology, the scientific and technical department, ensuring public safety, operational and investigative work, law enforcement agencies, criminal investigation, forensic expert.
Аннотация / Annotation:
The article, based on the introduction of new archival materials into scientific circulation, reveals the place and role of scientific units of the USSR law enforcement agencies in their activities to ensure public safety. The article considers the development of organizational forms of scientific units, primarily police bodies and their interaction.
Ключевые слова / Keywords:
fighting crime, the main police department, the forensic museum, the police, the research Institute of Criminology, the scientific and technical department, ensuring public safety, operational and investigative work, law enforcement agencies, criminal investigation, forensic expert.
EVSEEV E.A.
Evseev E.A.
–
Joint activities of voluntary people’s squads of the Kemerovo region and the internal affairs bodies of the region in the 1950s–1980s
Страницы / Pages: 97-103
Аннотация / Annotation:
The article analyzes the results of activities for the interaction of voluntary people’s squads of the Kemerovo region with the internal affairs bodies of the region in the 1950s - 1980s. The author of the article came to the conclusion that, despite the identified shortcomings, the joint activities and close interaction of social activists and employees of the internal affairs bodies of the region significantly complemented the work of the latter, increased their effectiveness in implementing issues to protect the law and strengthen the rule of law.
Ключевые слова / Keywords:
voluntary people’s squads, Kemerovo region, public order, internal affairs bodies.
Аннотация / Annotation:
The article analyzes the results of activities for the interaction of voluntary people’s squads of the Kemerovo region with the internal affairs bodies of the region in the 1950s - 1980s. The author of the article came to the conclusion that, despite the identified shortcomings, the joint activities and close interaction of social activists and employees of the internal affairs bodies of the region significantly complemented the work of the latter, increased their effectiveness in implementing issues to protect the law and strengthen the rule of law.
Ключевые слова / Keywords:
voluntary people’s squads, Kemerovo region, public order, internal affairs bodies.
KASHPER A.A. Kashper A.A. – PhD student
Signs and significance of active repentance as grounds for exemption from criminal liability
Страницы / Pages: 104-114
Аннотация / Annotation:
In modern legal science, issues related to active repentance are quite problematic, and therefore require their full and consistent study. The article examines the main signs and meanings of active repentance as a basis for exemption from criminal liability, characterizes active repentance as positive post-criminal behavior.
Ключевые слова / Keywords:
active repentance, exemption from criminal liability, mitigating circumstances, elements of active repentance.
Аннотация / Annotation:
In modern legal science, issues related to active repentance are quite problematic, and therefore require their full and consistent study. The article examines the main signs and meanings of active repentance as a basis for exemption from criminal liability, characterizes active repentance as positive post-criminal behavior.
Ключевые слова / Keywords:
active repentance, exemption from criminal liability, mitigating circumstances, elements of active repentance.