Право и образование
№ 09 • 2018
MODERN EDUCATION
AKHMETOV A.S. Akhmetov A.S. – Ph.D, associate professor
Features of the application of critical thinking technology in legal education
Страницы / Pages: 4-10
Аннотация / Annotation:
In the article presented, a study of the technology of critical thinking is conducted. Formation of the ability of students to use the technology of critical thinking is the most important task of the education system in training highly qualified specialists in the legal field. In the scientific work various definitions of critical thinking are given, the fundamental elements of this technology of instruction are determined, taking into account the observance of the necessary pedagogical conditions.
Ключевые слова / Keywords:
technology, education, thinking, critical thinking, logic, society, system, method, quality of education, traditional education system.
Аннотация / Annotation:
In the article presented, a study of the technology of critical thinking is conducted. Formation of the ability of students to use the technology of critical thinking is the most important task of the education system in training highly qualified specialists in the legal field. In the scientific work various definitions of critical thinking are given, the fundamental elements of this technology of instruction are determined, taking into account the observance of the necessary pedagogical conditions.
Ключевые слова / Keywords:
technology, education, thinking, critical thinking, logic, society, system, method, quality of education, traditional education system.
ZAUTOROVA E.V. Zautorova E.V. – doctor of pedagogical Sciences
BRYZGALOVA I.V.
Bryzgalova I.V.
–
The use of dialog learning in the educational process of departmental the university
Страницы / Pages: 11-16
Аннотация / Annotation:
Ключевые слова / Keywords:
dialogue training and methods of educational process of cadets of the departmental University.
Аннотация / Annotation:
Ключевые слова / Keywords:
dialogue training and methods of educational process of cadets of the departmental University.
IGONINA N.A. Igonina N.A. – Candidate of Juridical Sciences
The problems of inclusive education. The activities of the office for the protection of the rights of children with disabilities to education
Страницы / Pages: 17-28
Аннотация / Annotation:
The article is devoted to problems of implementation in Russia of new mechanisms of inclusive education: equal access to education for students taking into account the special educational needs and individual capabilities. Based on the analysis of international legal acts and law enforcement practice, the author points to the peculiarities of legal regulation of inclusion in Russia and the weak points of its implementation, presenting their point of view and interpretation of legal acts in the field of education. The study’s typical violations of the rights of children with disabilities and measures taken by public prosecution, are illustrated with specific examples.
Ключевые слова / Keywords:
inclusive education, the elimination of special schools and failures in inclusive education, defense attorney rights of children with disabilities.
Аннотация / Annotation:
The article is devoted to problems of implementation in Russia of new mechanisms of inclusive education: equal access to education for students taking into account the special educational needs and individual capabilities. Based on the analysis of international legal acts and law enforcement practice, the author points to the peculiarities of legal regulation of inclusion in Russia and the weak points of its implementation, presenting their point of view and interpretation of legal acts in the field of education. The study’s typical violations of the rights of children with disabilities and measures taken by public prosecution, are illustrated with specific examples.
Ключевые слова / Keywords:
inclusive education, the elimination of special schools and failures in inclusive education, defense attorney rights of children with disabilities.
CHERNICKAYA A.L. Chernickaya A.L. – candidate of Philosophical Sciences
Humanization of modern education and modern technology
Страницы / Pages: 29-38
Аннотация / Annotation:
This article is devoted to the necessity of humanization of higher education, that will provide the overcoming of technocratic approach to education. Particular attention is paid to the interaction of tradition and innovation as a phenomenon of culture.
Ключевые слова / Keywords:
education, humanization, tradition, innovation, information and communication technology, technical tools of education.
Аннотация / Annotation:
This article is devoted to the necessity of humanization of higher education, that will provide the overcoming of technocratic approach to education. Particular attention is paid to the interaction of tradition and innovation as a phenomenon of culture.
Ключевые слова / Keywords:
education, humanization, tradition, innovation, information and communication technology, technical tools of education.
MUNAVIROVA L.R. Munavirova L.R. – postgraduate
Model for forming the professional-legal competence of future teachers with the use of project training
Страницы / Pages: 39-47
Аннотация / Annotation:
The article presents a structural and content model of the process of forming the professional and legal competence of future teachers in the process of project training, which includes the target, structural, content-procedural, evaluation-criterial, resultant blocks. A program for implementing project training aimed at improving the level of vocational and legal training of students is proposed.
Ключевые слова / Keywords:
model, project training, blocks, professional legal competence, components.
HOT TOPICАннотация / Annotation:
The article presents a structural and content model of the process of forming the professional and legal competence of future teachers in the process of project training, which includes the target, structural, content-procedural, evaluation-criterial, resultant blocks. A program for implementing project training aimed at improving the level of vocational and legal training of students is proposed.
Ключевые слова / Keywords:
model, project training, blocks, professional legal competence, components.
ZAVRAZHIN A.V. Zavrazhin A.V. – doctor of historical Sciences, professor
KARMANOV M.V. Karmanov M.V. – doctor of economic Sciences, professor
Cryonics as an object of applied research
Страницы / Pages: 48-55
Аннотация / Annotation:
The article discusses the author’s approach to the problem of cryopreservation of the human body, animals, which allows in the future to resurrect and bring back to life the dead. Various approaches to understanding the importance of cryonics are given, indicators of evaluation of cryonic activity from the point of view of its social and legal nature are offered, its connection with the market of business services is considered.
Ключевые слова / Keywords:
cryonics, frozen biological objects, market of cryonic services.
Аннотация / Annotation:
The article discusses the author’s approach to the problem of cryopreservation of the human body, animals, which allows in the future to resurrect and bring back to life the dead. Various approaches to understanding the importance of cryonics are given, indicators of evaluation of cryonic activity from the point of view of its social and legal nature are offered, its connection with the market of business services is considered.
Ключевые слова / Keywords:
cryonics, frozen biological objects, market of cryonic services.
TRETYAKOVA O.V. Tretyakova O.V. – doctor of political sciences, associate professor
Countering the ideology of terrorism in mass media
Страницы / Pages: 56-69
Аннотация / Annotation:
The article is devoted to the problem of the terrorist ideology dissemination in the traditional and new media. The author reveals the media nature of terrorism, the problems of real-time covering counter-terrorist operations on television and resistance to the Internet-terrorism. Particular attention is paid to the legal and ethical regulators of media activities and to the issue of restricting freedom of speech for the purposes of antiterrorist protection.
Ключевые слова / Keywords:
terrorism, mass media, live broadcast, countering.
Аннотация / Annotation:
The article is devoted to the problem of the terrorist ideology dissemination in the traditional and new media. The author reveals the media nature of terrorism, the problems of real-time covering counter-terrorist operations on television and resistance to the Internet-terrorism. Particular attention is paid to the legal and ethical regulators of media activities and to the issue of restricting freedom of speech for the purposes of antiterrorist protection.
Ключевые слова / Keywords:
terrorism, mass media, live broadcast, countering.
OCHIROVA V.M. Ochirova V.M. – Ph.D. in Political Science
Political and legal education of the youth in the modern society
Страницы / Pages: 70-75
Аннотация / Annotation:
The issues of the upringing of the younger generation are still actual. In modern Russia the attention to them are increasing. It is concerned with the specific nature of the historic period of the country development. Given this the author draws attention to the necessity of the political and legal education of the youth in order to develop political and legal awareness and culture of young people.
Ключевые слова / Keywords:
the youth, political education, legal education, political and legal education, political culture, legal culture, legal enlightenment, society, the constitution, law.
Аннотация / Annotation:
The issues of the upringing of the younger generation are still actual. In modern Russia the attention to them are increasing. It is concerned with the specific nature of the historic period of the country development. Given this the author draws attention to the necessity of the political and legal education of the youth in order to develop political and legal awareness and culture of young people.
Ключевые слова / Keywords:
the youth, political education, legal education, political and legal education, political culture, legal culture, legal enlightenment, society, the constitution, law.
BORODINA ZH.N. Borodina Zh.N. – Ph.D., associate professor, assistant professor
GILMETDINOVA Z.M.
Gilmetdinova Z.M.
–
On the essence of lobbying in Russia and abroad
Страницы / Pages: 76-82
Аннотация / Annotation:
The article discusses lobbying issues in Russian and foreign practice. As a result of the analysis of various forms of lobbyism, it is concluded that to legalize the institution of lobbying in Russia and to minimize its possible negative manifestations, an integral legal mechanism, including its normative fixing in the legislation of the Russian Federation, as well as legal regulation at the level of constituent entities of the Russian Federation, is necessary.
Ключевые слова / Keywords:
lobbying, lobbying, lobbyist, promotion of private interests, lobbying, forms of lobbyism.
Аннотация / Annotation:
The article discusses lobbying issues in Russian and foreign practice. As a result of the analysis of various forms of lobbyism, it is concluded that to legalize the institution of lobbying in Russia and to minimize its possible negative manifestations, an integral legal mechanism, including its normative fixing in the legislation of the Russian Federation, as well as legal regulation at the level of constituent entities of the Russian Federation, is necessary.
Ключевые слова / Keywords:
lobbying, lobbying, lobbyist, promotion of private interests, lobbying, forms of lobbyism.
POPRAVKO A.K. Popravko A.K. – Candidat of philosophical sciences
POPRAVKO A.A.
Popravko A.A.
–
The mechanism for protecting the fundamental digital personal rights
Страницы / Pages: 83-90
Аннотация / Annotation:
Developed countries are experiencing a new revolution, which many scientists call digital. As a result, the problem of protecting the digital human rights arises. It refers to the “new” generation of rights. The author focuses on the protection of fundamental digital rights: the rights of digital money, the rights of digital transactions, the rights of digital litigations, the rights of digital government, the right of access to protection data.
Ключевые слова / Keywords:
digital law, digital economy, protection of digital rights, digital state management.
POINT OF VIEWАннотация / Annotation:
Developed countries are experiencing a new revolution, which many scientists call digital. As a result, the problem of protecting the digital human rights arises. It refers to the “new” generation of rights. The author focuses on the protection of fundamental digital rights: the rights of digital money, the rights of digital transactions, the rights of digital litigations, the rights of digital government, the right of access to protection data.
Ключевые слова / Keywords:
digital law, digital economy, protection of digital rights, digital state management.
PRUDNIKOVA A.E. Prudnikova A.E. – Cand. Law. Sci., docent
KUKU E.I. Kuku E.I. – мaster
Concept «consumer»: historical and legal analysis
Страницы / Pages: 91-96
Аннотация / Annotation:
The article deals with some problematic issues regarding the concept of «consumer». The process of its development within the law of the Russian Federation of 07.02.1992 № 2300-1 is analyzed. The essential features of the legal status of the consumer are identified and investigated.
Ключевые слова / Keywords:
the consumer, a natural person, an individual entrepreneur, a legal entity, consumer rights, conflict of norms.
Аннотация / Annotation:
The article deals with some problematic issues regarding the concept of «consumer». The process of its development within the law of the Russian Federation of 07.02.1992 № 2300-1 is analyzed. The essential features of the legal status of the consumer are identified and investigated.
Ключевые слова / Keywords:
the consumer, a natural person, an individual entrepreneur, a legal entity, consumer rights, conflict of norms.
KRAPIVA I.I. Krapiva I.I. – candidate of legal sciences
About the concept of «crime detection according to operational data» in the formation of statistical reporting
Страницы / Pages: 97-105
Аннотация / Annotation:
In the article the author comes to the conclusion that when forming state statistical reporting, the concepts of “revealing a crime” and “disclosing a crime” are identical concepts. The author draws attention to the erroneousness of the allegations that the crime can not be considered disclosed on the basis of operative data if there is no decision in the criminal case to present the results of the investigation to the inquiry body, the investigator or the court or, if the crime is committed in conditions of evidence.
Ключевые слова / Keywords:
statistical cards, statistical reporting, revealing a crime, crime detection, crime detection according to operational data.
Аннотация / Annotation:
In the article the author comes to the conclusion that when forming state statistical reporting, the concepts of “revealing a crime” and “disclosing a crime” are identical concepts. The author draws attention to the erroneousness of the allegations that the crime can not be considered disclosed on the basis of operative data if there is no decision in the criminal case to present the results of the investigation to the inquiry body, the investigator or the court or, if the crime is committed in conditions of evidence.
Ключевые слова / Keywords:
statistical cards, statistical reporting, revealing a crime, crime detection, crime detection according to operational data.
KOVALENKO E.D. Kovalenko E.D. – candidate of jurisprudence
Revising the formation of morality of criminal procedure relations
Страницы / Pages: 106-112
Аннотация / Annotation:
The article reflects modern theoretical and action-oriented provisions regarding the moral principles of criminal procedure relations. Studying the moral principles of criminal procedure is determined by the tasks of the criminal procedure science, investigative and judicial practice concerning the reformation of criminal procedure legislation, law enforcement in criminal litigation with the moral human values orientation being the main characteristic of the DPR.
Ключевые слова / Keywords:
morality, legal relations, law enforcement, coercion.
Аннотация / Annotation:
The article reflects modern theoretical and action-oriented provisions regarding the moral principles of criminal procedure relations. Studying the moral principles of criminal procedure is determined by the tasks of the criminal procedure science, investigative and judicial practice concerning the reformation of criminal procedure legislation, law enforcement in criminal litigation with the moral human values orientation being the main characteristic of the DPR.
Ключевые слова / Keywords:
morality, legal relations, law enforcement, coercion.
MIRONENKO S.YU. Mironenko S.Yu. – candidate of legal sciences
Forecasting the development of methods of committing crimes
Страницы / Pages: 113-120
Аннотация / Annotation:
In the fight against crime, one of the main issues is the development of timely and adequate measures to respond to changes in criminal activity, the cardinal improvement of information, theoretical and practical support for bodies that combat crime, effective forensic methods, tools and recommendations. The article explores the issue of timely organization of measures to combat crime. The necessity of perfection of criminalistic forecasting of ways of committing crimes is grounded.
Ключевые слова / Keywords:
struggle against crime, counteraction of criminality, forensic forecasting of ways of committing crimes.
Аннотация / Annotation:
In the fight against crime, one of the main issues is the development of timely and adequate measures to respond to changes in criminal activity, the cardinal improvement of information, theoretical and practical support for bodies that combat crime, effective forensic methods, tools and recommendations. The article explores the issue of timely organization of measures to combat crime. The necessity of perfection of criminalistic forecasting of ways of committing crimes is grounded.
Ключевые слова / Keywords:
struggle against crime, counteraction of criminality, forensic forecasting of ways of committing crimes.
BOBROV A.M. Bobrov A.M. – candidate of legal Sciences,
KOKHTACHEV V.S.
Kokhtachev V.S.
–
General characteristics of the anti-corruption state of the Kingdom of Denmark
Страницы / Pages: 121-127
Аннотация / Annotation:
The article analyzes the positive experience of counteracting corruption of the leader from the Nordic trio – the Kingdom of Denmark (Kongeriget Danmark), which has been attracting the attention of recent years to the introduced social mechanisms and effective results. A general description of the state of corruption in the main spheres of society in the Kingdom of Denmark is given and the most common reasons for its low level are identified.
Ключевые слова / Keywords:
corruption, Denmark, the state, corruption scandals, experience.
Аннотация / Annotation:
The article analyzes the positive experience of counteracting corruption of the leader from the Nordic trio – the Kingdom of Denmark (Kongeriget Danmark), which has been attracting the attention of recent years to the introduced social mechanisms and effective results. A general description of the state of corruption in the main spheres of society in the Kingdom of Denmark is given and the most common reasons for its low level are identified.
Ключевые слова / Keywords:
corruption, Denmark, the state, corruption scandals, experience.
AKHYADOV E. S-M.
Akhyadov E. S-M.
–
Institute of constitutional and legal responsibility of legislative (representative) authorities of subjects of foreign States – repeal of acts of Parliament
Страницы / Pages: 128-132
Аннотация / Annotation:
This scientific article is devoted to the study of constitutional and legal responsibility of legislative (representative) authorities of subjects of foreign States connected with the abolition of acts of Parliament. On the example of various foreign States the author conducts comparative legal analysis of the grounds, according to which it becomes possible to make a decision on the abolition of acts of Parliament.
Ключевые слова / Keywords:
constitutional and legal responsibility, рarliament, law, law, repeal of acts.
PAGES OF HISTORYАннотация / Annotation:
This scientific article is devoted to the study of constitutional and legal responsibility of legislative (representative) authorities of subjects of foreign States connected with the abolition of acts of Parliament. On the example of various foreign States the author conducts comparative legal analysis of the grounds, according to which it becomes possible to make a decision on the abolition of acts of Parliament.
Ключевые слова / Keywords:
constitutional and legal responsibility, рarliament, law, law, repeal of acts.
VOLKOV A.P. Volkov A.P. – doctor of historical Sciences, Professor
GALDOBINA S.V. Galdobina S.V. – doctor of historical Sciences, Professor
GORBUNOV V.V. Gorbunov V.V. – candidate of historical Sciences
Sports activities DOSAAF in the period 1961–1991. as one of the elements of military-patriotic education of society
Страницы / Pages: 133-143
Аннотация / Annotation:
The main stages of the development of the physical education of youth by military-patriotic associations of the Soviet Union in the period from 1961 to 1991 are considered in the article. The study of this topic allows us to approach the solution of an important problem – ensuring the mass character and attractiveness of physical culture and sports, which would contribute not only to introducing young citizens to the healthy way of life, but also developing military-applied and military-technical sports for these citizens.
Ключевые слова / Keywords:
physical preparation; military sports games; military-patriotic associations; Voluntary Association for Assistance to Army, Air Force and Navy (the DOSAAF); Central Committee of the Communist Party of the USSR (CC CPSU).
Аннотация / Annotation:
The main stages of the development of the physical education of youth by military-patriotic associations of the Soviet Union in the period from 1961 to 1991 are considered in the article. The study of this topic allows us to approach the solution of an important problem – ensuring the mass character and attractiveness of physical culture and sports, which would contribute not only to introducing young citizens to the healthy way of life, but also developing military-applied and military-technical sports for these citizens.
Ключевые слова / Keywords:
physical preparation; military sports games; military-patriotic associations; Voluntary Association for Assistance to Army, Air Force and Navy (the DOSAAF); Central Committee of the Communist Party of the USSR (CC CPSU).
NEKRASOV A.P. Nekrasov A.P. – doctor of law, Professor
NASREDDINOVA K.A. Nasreddinova K.A. – candidate of legal Sciences, associate Professor
To the question of Genesis and evolution of socially useful work in correctional institutions of Russia: history and modernity
Страницы / Pages: 144-149
Аннотация / Annotation:
Scientific publications thoroughly analyzed the labour activities of convicts in places of imprisonment of Russia, since 30-ies of the historical period before the era of modernity.
Ключевые слова / Keywords:
history of development of the penal correction system of the GULAG, 30 years, parole release, financial incentives, additional penalty, Amnesty, the political regime, the prison population, the salary of convicted persons and damages from crime.
Аннотация / Annotation:
Scientific publications thoroughly analyzed the labour activities of convicts in places of imprisonment of Russia, since 30-ies of the historical period before the era of modernity.
Ключевые слова / Keywords:
history of development of the penal correction system of the GULAG, 30 years, parole release, financial incentives, additional penalty, Amnesty, the political regime, the prison population, the salary of convicted persons and damages from crime.
KLINOVA M.A. Klinova M.A. – candidate of historical Sciences
Specifics of legislative protection of property in the RSFSR in the second half of 1920–1940-ies
Страницы / Pages: 150-158
Аннотация / Annotation:
The article presents a comparative analysis of the legislative norms of the 1920s-1940s aimed at the protection of state and personal property. Socialist property receives more priority legislative protection than the personal property of citizens. In the 1930s-1940s, there was a growing trend: increased penalties for crimes against socialist property and increased penalties for personal property of citizens.
Ключевые слова / Keywords:
socialist property, personal property, social policy.
Аннотация / Annotation:
The article presents a comparative analysis of the legislative norms of the 1920s-1940s aimed at the protection of state and personal property. Socialist property receives more priority legislative protection than the personal property of citizens. In the 1930s-1940s, there was a growing trend: increased penalties for crimes against socialist property and increased penalties for personal property of citizens.
Ключевые слова / Keywords:
socialist property, personal property, social policy.
SHLYAKHTUNOV M.A.
Shlyakhtunov M.A.
–
The Siege of Leningrad. Life of the city
Страницы / Pages: 159-169
Аннотация / Annotation:
The courageous defense and protection of the city of Leningrad is one of the most striking pages in Russian history. The article explores the feat of Soviet people in the Great Patriotic War, tells about the events that preceded the beginning of the war, and about the hard months of heroic resistance in Leningrad.
Ключевые слова / Keywords:
city defense, mass heroism, blockade, morality, feat, Great Patriotic War, supply of the front, ammunition, defense industry, mobilization, people’s militia.
REVIEWSАннотация / Annotation:
The courageous defense and protection of the city of Leningrad is one of the most striking pages in Russian history. The article explores the feat of Soviet people in the Great Patriotic War, tells about the events that preceded the beginning of the war, and about the hard months of heroic resistance in Leningrad.
Ключевые слова / Keywords:
city defense, mass heroism, blockade, morality, feat, Great Patriotic War, supply of the front, ammunition, defense industry, mobilization, people’s militia.
DOGADAYLO E.YU. Dogadaylo E.Yu. – doctor of Law, professor
The generalization of the experience of the legal regulation of artificial intelligence and the legal aspects of its application
Страницы / Pages: 170-173
Аннотация / Annotation:
This material is a review of the bibliographic index «Artificial Intelligence. Law. Technologies. Economy. Management» of P.M. Morkhat (Moscow, Unity-Dana, 2018)
Ключевые слова / Keywords:
artificial intelligence, unit of artificial intelligence, electronic person, civil law, personality of the artificial intelligence unit, bibliography.
Аннотация / Annotation:
This material is a review of the bibliographic index «Artificial Intelligence. Law. Technologies. Economy. Management» of P.M. Morkhat (Moscow, Unity-Dana, 2018)
Ключевые слова / Keywords:
artificial intelligence, unit of artificial intelligence, electronic person, civil law, personality of the artificial intelligence unit, bibliography.