Право и образование
№ 09 • 2020
THEORY QUESTIONS
YUDINA N.P. Yudina N.P. – doctor of pedagogical sciences, professor
CHERNOV S.M.
Chernov S.M.
–
Correlation of the concepts of the theory of education: a historical
and pedagogical analysis
Страницы / Pages: 4-15
Аннотация / Annotation:
Based on the analysis of the literature, the article reveals the essence and content of the concepts “ideological conviction”, “political consciousness”, “political culture” and concludes that they are correlated. By revealing the pedagogical content of the concept of “ideological stability”, the authors determine its relationship with other concepts of the theory of education.
Ключевые слова / Keywords:
ideological stability, social order, ideological conviction, political consciousness, political culture.
Аннотация / Annotation:
Based on the analysis of the literature, the article reveals the essence and content of the concepts “ideological conviction”, “political consciousness”, “political culture” and concludes that they are correlated. By revealing the pedagogical content of the concept of “ideological stability”, the authors determine its relationship with other concepts of the theory of education.
Ключевые слова / Keywords:
ideological stability, social order, ideological conviction, political consciousness, political culture.
AKHMETOV A.S. Akhmetov A.S. – PhD, associate professor
Actual issues of civil society
Страницы / Pages: 16-23
Аннотация / Annotation:
This article analyzes civil society. The main goal of the article is a holistic analysis of the essence and content of civil society, as well as a study of civil society institutions. The scientific study is written on the basis of the existing scientific research of the authors who deal with the study of the phenomenon of civil society. In the conclusions of the article, the author describes the effectiveness and importance of civil society for the development of the entire legal system of the state.
Ключевые слова / Keywords:
law, civil society, personality, culture, legal culture, democracy, legal education, legal consciousness.
Аннотация / Annotation:
This article analyzes civil society. The main goal of the article is a holistic analysis of the essence and content of civil society, as well as a study of civil society institutions. The scientific study is written on the basis of the existing scientific research of the authors who deal with the study of the phenomenon of civil society. In the conclusions of the article, the author describes the effectiveness and importance of civil society for the development of the entire legal system of the state.
Ключевые слова / Keywords:
law, civil society, personality, culture, legal culture, democracy, legal education, legal consciousness.
KOLOTKINA O.A. Kolotkina O.A. – candidate of law, associate Professor
Correlation of the concepts of «public expertise» and «independent expertise» in the field of law-making
Страницы / Pages: 24-31
Аннотация / Annotation:
The article discusses the relationship of such concepts as «public expertise» and «independent expertise» in the field of law-making. The author of the article comes to the conclusion that these concepts are identical in their nature and content, and therefore it is proposed to use a single universal term «public (independent) examination of normative legal acts and projects at the legislative level».
Ключевые слова / Keywords:
public expertise, independent expertise, lawmaking, legal security, expert.
HOT TOPICАннотация / Annotation:
The article discusses the relationship of such concepts as «public expertise» and «independent expertise» in the field of law-making. The author of the article comes to the conclusion that these concepts are identical in their nature and content, and therefore it is proposed to use a single universal term «public (independent) examination of normative legal acts and projects at the legislative level».
Ключевые слова / Keywords:
public expertise, independent expertise, lawmaking, legal security, expert.
KERIMOV A.D. Kerimov A.D. – Doctor of Law, Professor
The defining sign of the structure of power relations in the state
Страницы / Pages: 32-42
Аннотация / Annotation:
The position is consistently upheld in the article, according to which the dominance of the minority is an essential, in fact, a defining sign of the structure of power relations in a state-organized society. According to the author, this is inherent in everyone, including the so-called democratic countries. The work reveals and analyzes the causes of this phenomenon, and also describes the qualities inherent in the ruling elite.
Ключевые слова / Keywords:
minority, power, elite, democracy, capitalism, hierarchy, management, quality, responsibility.
Аннотация / Annotation:
The position is consistently upheld in the article, according to which the dominance of the minority is an essential, in fact, a defining sign of the structure of power relations in a state-organized society. According to the author, this is inherent in everyone, including the so-called democratic countries. The work reveals and analyzes the causes of this phenomenon, and also describes the qualities inherent in the ruling elite.
Ключевые слова / Keywords:
minority, power, elite, democracy, capitalism, hierarchy, management, quality, responsibility.
GLUHOV E.A. Gluhov E.A. – candidate of legal Sciences
KORYAKIN V.M. Koryakin V.M. – doctor of law, Professor
Doctoral studies: admission and choice of subject scientific research (analysis of legal regulation)
Страницы / Pages: 43-53
Аннотация / Annotation:
The article considers the norms of legislation on the preparation of a dissertation in doctoral studies. The author identifies gaps and conflicts of legal norms in this area, analyzes the correlation between the right to choose the field of scientific creativity of a doctoral student and the subject of research offered to him by the employer. The nature of contractual relations between a doctoral student and an educational organization is analyzed. Examples from judicial practice are given.
Ключевые слова / Keywords:
doctoral studies, dissertation, research topic, scientific creativity, dissertation Council, doctor of science.
EDUCATIONAL LAWАннотация / Annotation:
The article considers the norms of legislation on the preparation of a dissertation in doctoral studies. The author identifies gaps and conflicts of legal norms in this area, analyzes the correlation between the right to choose the field of scientific creativity of a doctoral student and the subject of research offered to him by the employer. The nature of contractual relations between a doctoral student and an educational organization is analyzed. Examples from judicial practice are given.
Ключевые слова / Keywords:
doctoral studies, dissertation, research topic, scientific creativity, dissertation Council, doctor of science.
ASHENOVA T.M. Ashenova T.M. – candidate of law
On the issue of education as a legal category
Страницы / Pages: 54-61
Аннотация / Annotation:
The article provides an analysis of the concept of “education” from the point of view of various social sciences – pedagogy, sociology and jurisprudence. According to the author, it is important to refer to the concept of “education” as a legal category, enshrined in a particular legal act regulating the sphere of education: the place and role of education in public policy depends on what the legislator understands.
Ключевые слова / Keywords:
legal category, education, education as a process and result, education and upbringing, right to education, law on education.
Аннотация / Annotation:
The article provides an analysis of the concept of “education” from the point of view of various social sciences – pedagogy, sociology and jurisprudence. According to the author, it is important to refer to the concept of “education” as a legal category, enshrined in a particular legal act regulating the sphere of education: the place and role of education in public policy depends on what the legislator understands.
Ключевые слова / Keywords:
legal category, education, education as a process and result, education and upbringing, right to education, law on education.
MATVEEV V.YU. Matveev V.Yu. – PhD
Problems of implementing the right to get vocational education outside the organization implementing educational activities
Страницы / Pages: 62-70
Аннотация / Annotation:
The article discusses the problems of obtaining professional education in the form of self-education. According to the results, it was concluded that obtaining professional education in this form is virtually impossible. It also examines the issues of external studies during training in an unaccredited educational program. The conclusion is drawn about the inadmissibility of concluding an education contract in the case of conducting intermediate and (or) final certification for externs on a paid basis.
Ключевые слова / Keywords:
externship, individual curriculum, self-education, education contract.
Аннотация / Annotation:
The article discusses the problems of obtaining professional education in the form of self-education. According to the results, it was concluded that obtaining professional education in this form is virtually impossible. It also examines the issues of external studies during training in an unaccredited educational program. The conclusion is drawn about the inadmissibility of concluding an education contract in the case of conducting intermediate and (or) final certification for externs on a paid basis.
Ключевые слова / Keywords:
externship, individual curriculum, self-education, education contract.
BRYZGALOV D.V. Bryzgalov D.V. – PhD in Economics
BUGAEV YU.S. Bugaev Yu.S. – PhD in Economics, professor
TSYGANOV A.A. Tsyganov A.A. – doctor of Economics, professor
Development of local regulations on corporate training for employees of financial organizations directly working with citizens
Страницы / Pages: 71-81
Аннотация / Annotation:
The article summarizes the experience of developing regulatory local regulatory acts on corporate training in accordance with the requirements of self-regulatory organizations using the example of sellers of insurance products. It is shown that typical courses can be prepared by self-regulatory associations of financial organizations using distance learning technologies. Scientific and practical recommendations for implementation are given.
Ключевые слова / Keywords:
financial market, financial organization, insurance company, basic standard, professional standard, training, curriculum, corporate education.
Аннотация / Annotation:
The article summarizes the experience of developing regulatory local regulatory acts on corporate training in accordance with the requirements of self-regulatory organizations using the example of sellers of insurance products. It is shown that typical courses can be prepared by self-regulatory associations of financial organizations using distance learning technologies. Scientific and practical recommendations for implementation are given.
Ключевые слова / Keywords:
financial market, financial organization, insurance company, basic standard, professional standard, training, curriculum, corporate education.
TITOVA L.N. Titova L.N. – candidate of pedagogical Sciences, associate Professor
KAMENNAYA E.S. Kamennaya E.S. – graduate student
GORBYNOV V.M. Gorbynov V.M. – candidate of pedagogical Sciences, associate professor
Legal and regulatory framework for the individualization of education
Страницы / Pages: 82-89
Аннотация / Annotation:
The article considers the importance of individual characteristics and professional qualities of technical specialists as a necessary aspect of the educational standards of FSES 4. Individual characteristics characterize the future graduate as a person, for the implementation of a systematic assessment of students, clear criteria are needed that describe the quality of behavior of a technical specialist based on knowledge of related sciences, which include various types of professional activities.
Ключевые слова / Keywords:
qualification, personal qualities, professionalism, professional knowledge, individualization, technical specialists.
MODERN EDUCATIONАннотация / Annotation:
The article considers the importance of individual characteristics and professional qualities of technical specialists as a necessary aspect of the educational standards of FSES 4. Individual characteristics characterize the future graduate as a person, for the implementation of a systematic assessment of students, clear criteria are needed that describe the quality of behavior of a technical specialist based on knowledge of related sciences, which include various types of professional activities.
Ключевые слова / Keywords:
qualification, personal qualities, professionalism, professional knowledge, individualization, technical specialists.
BARANOVA S.A. Baranova S.A. – PhD in Law
On public administration in the field of education in Germany
Страницы / Pages: 90-97
Аннотация / Annotation:
The article is devoted to the public administration system in the field of education in Germany. The activity of a specialized state body for coordinating the activities of the federation and federal partly-sovereign states – The Standing Conference of the Ministers of Education and Cultural Affairs is in detail researched. Its main functions and structure, as well as the place and role in the system of public administration in the field of education in Germany are studied.
Ключевые слова / Keywords:
public administration, administration, education, coordination, ministerial conference, foreign experience.
Аннотация / Annotation:
The article is devoted to the public administration system in the field of education in Germany. The activity of a specialized state body for coordinating the activities of the federation and federal partly-sovereign states – The Standing Conference of the Ministers of Education and Cultural Affairs is in detail researched. Its main functions and structure, as well as the place and role in the system of public administration in the field of education in Germany are studied.
Ключевые слова / Keywords:
public administration, administration, education, coordination, ministerial conference, foreign experience.
CHEREPANOV V.D. Cherepanov V.D. – PhD, associate professor
CHEREPANOVA N.V. Cherepanova N.V. – PhD, associate professor
SHIROKOVA M.O.
Shirokova M.O.
–
The role of distance learning in the context of a pandemic
Страницы / Pages: 98-105
Аннотация / Annotation:
The article analyzes the prerequisites for the emergence of distance learning and its role in the context of a pandemic, considers the results of scientific research on this issue. The main issue is the improvement of distance learning in a rapidly changing world.
Ключевые слова / Keywords:
pandemic, distance learning, electronic information and educational environment.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article analyzes the prerequisites for the emergence of distance learning and its role in the context of a pandemic, considers the results of scientific research on this issue. The main issue is the improvement of distance learning in a rapidly changing world.
Ключевые слова / Keywords:
pandemic, distance learning, electronic information and educational environment.
PROTAS E.V. Protas E.V. – doctor of pedagogical Sciences, Phd (Law), Professor
PAVLYUCHENKOVA S.E.
Pavlyuchenkova S.E.
–
Legal regulation of virtual objects (for example, multiplayer online games)
Страницы / Pages: 106-112
Аннотация / Annotation:
In the conditions of continuous scientific and technological progress and the spread of the Internet, jurisprudence and legislative practice have an important task – to quickly respond to constant changes in the relationship between people, supported by technological development. One of the large-scale phenomena was the emergence of massively multiplayer online role-playing games. This article analyzes the problems associated with the emergence of virtual objects. The conclusion is made about the need to improve the regulation of relations between citizens in the digital space.
Ключевые слова / Keywords:
civil law, virtual objects, virtual property, massively multiplayer online role-playing games (MMORPG), legal status.
Аннотация / Annotation:
In the conditions of continuous scientific and technological progress and the spread of the Internet, jurisprudence and legislative practice have an important task – to quickly respond to constant changes in the relationship between people, supported by technological development. One of the large-scale phenomena was the emergence of massively multiplayer online role-playing games. This article analyzes the problems associated with the emergence of virtual objects. The conclusion is made about the need to improve the regulation of relations between citizens in the digital space.
Ключевые слова / Keywords:
civil law, virtual objects, virtual property, massively multiplayer online role-playing games (MMORPG), legal status.
TARASENKO YU.A. Tarasenko Yu.A. – Candidate of Law, associate professor
Unilateral change of conditions in the contract
Страницы / Pages: 113-119
Аннотация / Annotation:
The article attempts to justify the possibility of a party to unilaterally change the technical conditions (the Civil Code of the Russian Federation establishes a ban on unilateral changes in the terms of the obligation – Article 310), subject to the notification of such a change of its counterparty.
Ключевые слова / Keywords:
contract, contract terms, proper execution, unilateral actions, classification of contractual terms, liability.
Аннотация / Annotation:
The article attempts to justify the possibility of a party to unilaterally change the technical conditions (the Civil Code of the Russian Federation establishes a ban on unilateral changes in the terms of the obligation – Article 310), subject to the notification of such a change of its counterparty.
Ключевые слова / Keywords:
contract, contract terms, proper execution, unilateral actions, classification of contractual terms, liability.
GIRIYCHUK V.V. Giriychuk V.V. – candidate of law
Problematic issues of the methodology for conducting separate investigative actions involving minors
Страницы / Pages: 120-124
Аннотация / Annotation:
The article discusses and analyzes the problematic issues of investigative actions in the investigation of crimes committed by minors.
Ключевые слова / Keywords:
interrogation of a minor, the legal representative of the minor, a psychologist and a teacher involved in the interrogation of the minor, the effectiveness of the investigation of crimes of minors.
PAGES OF HISTORYАннотация / Annotation:
The article discusses and analyzes the problematic issues of investigative actions in the investigation of crimes committed by minors.
Ключевые слова / Keywords:
interrogation of a minor, the legal representative of the minor, a psychologist and a teacher involved in the interrogation of the minor, the effectiveness of the investigation of crimes of minors.
ALEKSEYEV V.I. Alekseyev V.I. – candidate of historical Sciences
Correction of convicts in the context of the functions of elements of criminal and penitentiary impact: integrative-genetic aspect (ser. XIX–early XX centuries.)
Страницы / Pages: 125-136
Аннотация / Annotation:
The article considers the principle of «correction» of convicts as the main function of criminal and penitentiary legislation. Its effectiveness is ensured not only by the unity of regulatory and protective influence on legal relations, but also is the most significant, and in fact the system-forming feature of criminal and penitentiary law. Legal influence on convicts, based on the penitentiary possibilities of correctional detention, is an essential part of the correction of morality.
Ключевые слова / Keywords:
penitentiary system, legal impact, convict labor, moral and legal correction, mechanism of legal regulation.
Аннотация / Annotation:
The article considers the principle of «correction» of convicts as the main function of criminal and penitentiary legislation. Its effectiveness is ensured not only by the unity of regulatory and protective influence on legal relations, but also is the most significant, and in fact the system-forming feature of criminal and penitentiary law. Legal influence on convicts, based on the penitentiary possibilities of correctional detention, is an essential part of the correction of morality.
Ключевые слова / Keywords:
penitentiary system, legal impact, convict labor, moral and legal correction, mechanism of legal regulation.