Право и образование
№ 09 • 2021
THEORY QUESTIONS
BERLIAVSKY L.G. Berliavsky L.G. – Doctor of Science (History), Candidate of Science (Law)
A systematic approach to the study of sources of law
Страницы / Pages: 4-13
Аннотация / Annotation:
The article examines the system method in the study of sources of Russian law. There is not only a single consistent model of the system of sources of law, but also universal approaches to its construction in modern Russian jurisprudence. The analysis of three models of research of the Russian legal system, its system-forming factors is presented.
Ключевые слова / Keywords:
source of law, legal science, legal understanding, Russian legal system, system-forming factors.
Аннотация / Annotation:
The article examines the system method in the study of sources of Russian law. There is not only a single consistent model of the system of sources of law, but also universal approaches to its construction in modern Russian jurisprudence. The analysis of three models of research of the Russian legal system, its system-forming factors is presented.
Ключевые слова / Keywords:
source of law, legal science, legal understanding, Russian legal system, system-forming factors.
MESHCHERYAKOVA E.I. Meshcheryakova E.I. – Doctor of Pedagogy, Professor
LOPAREV E.A.
Loparev E.A.
–
Servicemen’s value-semantic dominants and confrontation in modern information and psychological warfare: pedagogical aspects
Страницы / Pages: 14-20
Аннотация / Annotation:
The issue of confrontation in modern information and psychological warfare is considered in the paper in the aspect of the formation of servicemen’s value-semantic dominants during their studies at military universities. The possibilities of improving educational activities for the purposeful formation of cadets’ value-semantic dominants taking into account the influence of information and psychological warfare are defined.
Ключевые слова / Keywords:
servicemen’s value-semantic dominants, educational process of military universities, information and psychological warfare.
A CONSITUTIONAL LAWАннотация / Annotation:
The issue of confrontation in modern information and psychological warfare is considered in the paper in the aspect of the formation of servicemen’s value-semantic dominants during their studies at military universities. The possibilities of improving educational activities for the purposeful formation of cadets’ value-semantic dominants taking into account the influence of information and psychological warfare are defined.
Ключевые слова / Keywords:
servicemen’s value-semantic dominants, educational process of military universities, information and psychological warfare.
KERIMOV A.D. Kerimov A.D. – Doctor of Law, Professor
The Form of Government in Modern Russia in Light of the 2020 Constitutional amendments
Страницы / Pages: 21-30
Аннотация / Annotation:
The author commends the content, convening power and creative potential of the constitutional amendments of 2020, undoubtedly recognizes their enduring nature and great importance. This article thoroughly analyzes the fundamental provisions of the current Constitution of the Russian Federation that define the status of the President of the Russian Federation and his key organic functions, regulate his relationship with the central executive power (primarily personnel issues) and the chambers of parliament (first of all the possibility of dissolving the State Duma).
Ключевые слова / Keywords:
Constitution, Russian Federation, form of government, President, super-presidential republic, head of government, sovereignty, Federation Council, State Duma.
Аннотация / Annotation:
The author commends the content, convening power and creative potential of the constitutional amendments of 2020, undoubtedly recognizes their enduring nature and great importance. This article thoroughly analyzes the fundamental provisions of the current Constitution of the Russian Federation that define the status of the President of the Russian Federation and his key organic functions, regulate his relationship with the central executive power (primarily personnel issues) and the chambers of parliament (first of all the possibility of dissolving the State Duma).
Ключевые слова / Keywords:
Constitution, Russian Federation, form of government, President, super-presidential republic, head of government, sovereignty, Federation Council, State Duma.
GUNICH S.V. Gunich S.V. – Candidate of Legal Sciences, Associate Professor
Constitutional and legal foundations for establishing the system, order of organization and activities of federal executive bodies in Russia
Страницы / Pages: 31-40
Аннотация / Annotation:
The article draws attention to the imperfection of legal regulation of the organization and activities of the system of executive authorities of the Russian Federation. The order of formation and legal status of the Government of Russia are analyzed. The author comes to the conclusion about the need for a constitutional expansion of either the list of subjects exercising executive power, or the composition of the cabinet of ministers. The directions necessary for the implementation of the proposed initiatives are noted.
Ключевые слова / Keywords:
unified system of public authority, executive agencies, the system, the structure, constitutional reform, the organ public authority, government bodies, legal status, legal regulation.
MODERN EDUCATIONАннотация / Annotation:
The article draws attention to the imperfection of legal regulation of the organization and activities of the system of executive authorities of the Russian Federation. The order of formation and legal status of the Government of Russia are analyzed. The author comes to the conclusion about the need for a constitutional expansion of either the list of subjects exercising executive power, or the composition of the cabinet of ministers. The directions necessary for the implementation of the proposed initiatives are noted.
Ключевые слова / Keywords:
unified system of public authority, executive agencies, the system, the structure, constitutional reform, the organ public authority, government bodies, legal status, legal regulation.
ZVYAGINTSEVA E.P. Zvyagintseva E.P. – candidate of pedagogic science, docent
Adaptability to softization as an attribute of success in the process of higher school education
Страницы / Pages: 41-47
Аннотация / Annotation:
The article concerns some aspects of the professional training with university students in the era of digitalization and softization in the economic and educational environment as well as trends and innovations in higher education pedagogy. Mobile and global learning, introduction of artificial intelligence into the education process in the foreseeable future are described from different points of view. The issue of preserving the value orientations and humanitarian paradigm of well-known Russian pedagogical school is brought up for discussion.
Ключевые слова / Keywords:
educational environment, higher school, softization, information technology.
Аннотация / Annotation:
The article concerns some aspects of the professional training with university students in the era of digitalization and softization in the economic and educational environment as well as trends and innovations in higher education pedagogy. Mobile and global learning, introduction of artificial intelligence into the education process in the foreseeable future are described from different points of view. The issue of preserving the value orientations and humanitarian paradigm of well-known Russian pedagogical school is brought up for discussion.
Ключевые слова / Keywords:
educational environment, higher school, softization, information technology.
BORISOVA L.V. Borisova L.V. – Candidate of Legal Sciences, Associate Professor
Digitalization of schools and the problem of protecting the health of students
Страницы / Pages: 48-53
Аннотация / Annotation:
The article outlines the advantages of digitalization of schools and pays special attention to the analysis of the problem of the impact of electronic teaching aids (ELE) on the health of schoolchildren. The failure of the attempt to coordinate the use of ESP in terms of leveling their impact on the health of students in the sanitary rules of SP 2.4.3648-20 is shown. Separate proposals for solving the problem raised in the article and the experience of foreign countries in this regard are indicated.
Ключевые слова / Keywords:
digitalization, school, electronic teaching aids, health, harm to health, students, schoolchildren.
Аннотация / Annotation:
The article outlines the advantages of digitalization of schools and pays special attention to the analysis of the problem of the impact of electronic teaching aids (ELE) on the health of schoolchildren. The failure of the attempt to coordinate the use of ESP in terms of leveling their impact on the health of students in the sanitary rules of SP 2.4.3648-20 is shown. Separate proposals for solving the problem raised in the article and the experience of foreign countries in this regard are indicated.
Ключевые слова / Keywords:
digitalization, school, electronic teaching aids, health, harm to health, students, schoolchildren.
MOROZOVA S.A. Morozova S.A. – Candidate of Pedagogical Sciences, Associate Professor
Working with graphic images as a way to form didactic, methodological and subject knowledge
Страницы / Pages: 54-62
Аннотация / Annotation:
The article substantiates the need to introduce a variety of graphic sources of information into the modern educational process at the university in order to improve the ways of forming concepts as the basis of students ‘ theoretical knowledge. The author draws attention to the problem of recognizing the importance of knowledge in teaching as the most important component of the target result of higher education – competence.
Ключевые слова / Keywords:
visualization of concepts, formation of legal concepts; graphic images: “Euler circles”, “frame”; competencies, knowledge, skills.
Аннотация / Annotation:
The article substantiates the need to introduce a variety of graphic sources of information into the modern educational process at the university in order to improve the ways of forming concepts as the basis of students ‘ theoretical knowledge. The author draws attention to the problem of recognizing the importance of knowledge in teaching as the most important component of the target result of higher education – competence.
Ключевые слова / Keywords:
visualization of concepts, formation of legal concepts; graphic images: “Euler circles”, “frame”; competencies, knowledge, skills.
GUTKOVICH I.YA.
Gutkovich I.Ya.
–
Technology of organizing children’s projects in the educational process of a preschool institution
Страницы / Pages: 63-68
Аннотация / Annotation:
The article focuses on the technology of organizing children’s projects in the educational process of a preschool institution. The author pays special attention to the project method, which should end with a real practical result.
Ключевые слова / Keywords:
children’s projects, preschool institution, educational project, pedagogical technologies, project method.
FOREIGN EXPERIENCEАннотация / Annotation:
The article focuses on the technology of organizing children’s projects in the educational process of a preschool institution. The author pays special attention to the project method, which should end with a real practical result.
Ключевые слова / Keywords:
children’s projects, preschool institution, educational project, pedagogical technologies, project method.
DEGTYAREV M.V. Degtyarev M.V. – (Law)
Experimental Legislation: Experiences from Sweden, Finland and Uruguay
Страницы / Pages: 69-75
Аннотация / Annotation:
The article is devoted to an analytical review of foreign acts and documents on the application of the experimental approach in legal regulation. The author refers to the legislation of Sweden, Finland and Uruguay. The article concludes that abroad there is a trend of more and more active use of experimental legislation. The author makes a number of theoretical generalizations regarding the nature of the normative experiment.
Ключевые слова / Keywords:
legislative activity, regulatory technologies, experimental legal regime, experimental legislation, theory of law, administrative law.
Аннотация / Annotation:
The article is devoted to an analytical review of foreign acts and documents on the application of the experimental approach in legal regulation. The author refers to the legislation of Sweden, Finland and Uruguay. The article concludes that abroad there is a trend of more and more active use of experimental legislation. The author makes a number of theoretical generalizations regarding the nature of the normative experiment.
Ключевые слова / Keywords:
legislative activity, regulatory technologies, experimental legal regime, experimental legislation, theory of law, administrative law.
USTINOV I.Y. Ustinov I.Y. – Candidate of Pedagogical Sciences, Associate Professor
AGAPOVA G.V. Agapova G.V. – Doctor of Pedagogical Sciences, Associate Professor
SEDEN D.V.
Seden D.V.
–
The current state of the system of military training and education in the Armed Forces of the Federal Republic of Germany
Страницы / Pages: 76-85
Аннотация / Annotation:
The article examines the current state of a number of aspects of the system of military training and education of the Armed Forces of the Federal Republic of Germany. As a result of the research, the prerequisites and periodization of the formation of the system of military training and education of the German Armed Forces, the algorithmic foundations of the service of their officers, as well as the goals of training and education are revealed
Ключевые слова / Keywords:
HOT TOPICАннотация / Annotation:
The article examines the current state of a number of aspects of the system of military training and education of the Armed Forces of the Federal Republic of Germany. As a result of the research, the prerequisites and periodization of the formation of the system of military training and education of the German Armed Forces, the algorithmic foundations of the service of their officers, as well as the goals of training and education are revealed
Ключевые слова / Keywords:
ZAVRAZHIN A.V. Zavrazhin A.V. – Doctor of Historical Sciences, Professor
KARMANOV M.V. Karmanov M.V. – Doctor of Economics, Professor
SHUBINA I.V. Shubina I.V. – Candidate of Pedagogical Sciences, associate Professor
Methodological issues of applied research of sports doping
Страницы / Pages: 86-94
Аннотация / Annotation:
The article deals with the methodological issues of the need for applied research of sports doping as a rather dangerous phenomenon of public life, leading to negative moral and moral-ethical consequences. Indicators of results of sports doping control are offered.
Ключевые слова / Keywords:
doping, sports doping, doping control, negative consequences of doping, indicators of results of doping control.
Аннотация / Annotation:
The article deals with the methodological issues of the need for applied research of sports doping as a rather dangerous phenomenon of public life, leading to negative moral and moral-ethical consequences. Indicators of results of sports doping control are offered.
Ключевые слова / Keywords:
doping, sports doping, doping control, negative consequences of doping, indicators of results of doping control.
TURCHINA O.V. Turchina O.V. – candidate of juridical science, associate professor
Vehicle rental agreement with the crew
Страницы / Pages: 95-102
Аннотация / Annotation:
The article is devoted to the analysis of the features and conditions of the vehicle rental agreement with the crew, the characteristics of its legal structure and the main provisions. For the correct qualification of the vehicle rental agreement with the crew, the article examines the theoretical aspects and issues of judicial practice.
Ключевые слова / Keywords:
vehicle, lease, landlord, tenant, contract, essential terms of the contract.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article is devoted to the analysis of the features and conditions of the vehicle rental agreement with the crew, the characteristics of its legal structure and the main provisions. For the correct qualification of the vehicle rental agreement with the crew, the article examines the theoretical aspects and issues of judicial practice.
Ключевые слова / Keywords:
vehicle, lease, landlord, tenant, contract, essential terms of the contract.
KURENKOVA O.E. Kurenkova O.E. – PhD. in Pedagogics, Associate Professor
On the question of the economic socialization of convicts
Страницы / Pages: 103-109
Аннотация / Annotation:
The article considers one of the areas of work of the correctional institution – the economic socialization of convicts. It is seen as a condition for the successful resocialization of persons serving sentences. The article describes the materials of the survey of convicts, examples of means of economic socialization of convicts, defines the features of its singing.
Ключевые слова / Keywords:
convict, correctional facility, resocialization, economic behavior, economic socialization.
Аннотация / Annotation:
The article considers one of the areas of work of the correctional institution – the economic socialization of convicts. It is seen as a condition for the successful resocialization of persons serving sentences. The article describes the materials of the survey of convicts, examples of means of economic socialization of convicts, defines the features of its singing.
Ключевые слова / Keywords:
convict, correctional facility, resocialization, economic behavior, economic socialization.
KIM V.V.
Kim V.V.
–
BONDAR M.A.
Bondar M.A.
–
Some problems of applying the main means of correction to convicts in the execution of a sentence in the form of restriction of liberty
Страницы / Pages: 110-115
Аннотация / Annotation:
The authors investigate the main means of correction of those sentenced to punishment in the form of restriction of freedom. For each remedy, the authors highlight the problematic aspects and suggest solutions. The study is conducted from the point of view of the use of the main means of correction of convicted persons in the execution of a sentence in the form of restriction of liberty. The authors note that the existing process of correctional influence on those sentenced to punishment in the form of restriction of freedom needs to be adjusted.
Ключевые слова / Keywords:
educational work, social impact, restriction of freedom, non-penitentiary regime, psychological work, improvement of punishments, social work, means of correction, goals of punishment, effectiveness of punishment.
Аннотация / Annotation:
The authors investigate the main means of correction of those sentenced to punishment in the form of restriction of freedom. For each remedy, the authors highlight the problematic aspects and suggest solutions. The study is conducted from the point of view of the use of the main means of correction of convicted persons in the execution of a sentence in the form of restriction of liberty. The authors note that the existing process of correctional influence on those sentenced to punishment in the form of restriction of freedom needs to be adjusted.
Ключевые слова / Keywords:
educational work, social impact, restriction of freedom, non-penitentiary regime, psychological work, improvement of punishments, social work, means of correction, goals of punishment, effectiveness of punishment.
MAKARKINA O.E. Makarkina O.E. – сandidate of pedagogical sciences, assistant professor
Free time as one of the risk factors for recidivism of juveniles serving suspended sentence
Страницы / Pages: 116-121
Аннотация / Annotation:
Recidivism among juveniles serving suspended sentence is reviewed as an independent object of the research in order to determine the effectiveness of suspended sentence. The reasons for committing crimes by minors are analyzed. The issue of adolescents free time organizing is very relevant and socially significant in the context of recidivism prevention problem.
Ключевые слова / Keywords:
free time, juveniles serving suspended sentence, recidivism, penal inspections.
PAGES OF HISTORYАннотация / Annotation:
Recidivism among juveniles serving suspended sentence is reviewed as an independent object of the research in order to determine the effectiveness of suspended sentence. The reasons for committing crimes by minors are analyzed. The issue of adolescents free time organizing is very relevant and socially significant in the context of recidivism prevention problem.
Ключевые слова / Keywords:
free time, juveniles serving suspended sentence, recidivism, penal inspections.
SUMENKOV S.YU. Sumenkov S.Yu. – Doсtor of Law
SUMENKOVA M.V. Sumenkova M.V. – PhD in History
Problems of ensuring the rule of law in the russian empire during the period of introduction and operation of the «dry law»
Страницы / Pages: 122-128
Аннотация / Annotation:
The article notes that defects in the foundations of the rule of law have a negative impact on the proper regulation of public relations. As an example, the author highlights the crisis of the normative, communicative and ideological foundations of the rule of law, which arose as a result of the introduction of the so-called “dry law” in the Russian Empire. The degradation of the rule of law is illustrated, which largely caused social upheavals, which ultimately led to the destruction of the state.
Ключевые слова / Keywords:
law and order, the basics of law and order, prohibition, alcohol, anti-alcohol company.
Аннотация / Annotation:
The article notes that defects in the foundations of the rule of law have a negative impact on the proper regulation of public relations. As an example, the author highlights the crisis of the normative, communicative and ideological foundations of the rule of law, which arose as a result of the introduction of the so-called “dry law” in the Russian Empire. The degradation of the rule of law is illustrated, which largely caused social upheavals, which ultimately led to the destruction of the state.
Ключевые слова / Keywords:
law and order, the basics of law and order, prohibition, alcohol, anti-alcohol company.
KUBYSHKIN I.V.
Kubyshkin I.V.
–
History and legal grounds for creating a system of military symbols The Armed Forces of the Russian Federation
Страницы / Pages: 129-139
Аннотация / Annotation:
Based on the analysis of regulatory legal acts of the Russian Federation and the Ministry of Defense of the Russian Federation, the article reveals the stages of formation and development of the modern system of military symbols of the Armed Forces of the Russian Federation, justifies the use of the concept of “legal symbol” for its formation.
Ключевые слова / Keywords:
military heraldry; official symbol; system of military symbols; heraldic sign; banners and flags, legal symbol.
Аннотация / Annotation:
Based on the analysis of regulatory legal acts of the Russian Federation and the Ministry of Defense of the Russian Federation, the article reveals the stages of formation and development of the modern system of military symbols of the Armed Forces of the Russian Federation, justifies the use of the concept of “legal symbol” for its formation.
Ключевые слова / Keywords:
military heraldry; official symbol; system of military symbols; heraldic sign; banners and flags, legal symbol.