Право и образование
№ 10 • 2017
MODERN EDUCATION
OSIPOV P. Osipov P. – Doctor of Science in Education, Full Professor
Collaborative learning: pluses and problems
Страницы / Pages: 4-13
Аннотация / Annotation:
Every person has to be among people, to enter into certain relationships and interactions with others. Fundamentals of readiness for this are laid on the student’s bench, in the process of interaction of teachers and students, students with each other. Based on scientific data and his own many years of experience, the author shows the advantages of learning technology in cooperation, as well as problems that prevent its use in popular pedagogical practice.
Ключевые слова / Keywords:
student, learning, collaboration.
Аннотация / Annotation:
Every person has to be among people, to enter into certain relationships and interactions with others. Fundamentals of readiness for this are laid on the student’s bench, in the process of interaction of teachers and students, students with each other. Based on scientific data and his own many years of experience, the author shows the advantages of learning technology in cooperation, as well as problems that prevent its use in popular pedagogical practice.
Ключевые слова / Keywords:
student, learning, collaboration.
ANISHCHENKO V.N. Anishchenko V.N. – Doctor of Technical Sciences, Professor of the Department of Economic and Financial Investigation of the Higher School of Economics of Moscow State University named after MV Lomonosov. Lomonosov
KHABIBULIN A.G. Khabibulin A.G. – Doctor of Law, Professor, Head of the Department of Economic and Financial Investigation of the VShGA named after M.V. Lomonosov, Professor of the Department of Theory of State and Law and Political Science, Faculty of Law, Moscow State University. Lomonosov
“Antiplagiat”: the problem of science and education
Страницы / Pages: 14-25
Аннотация / Annotation:
At present, informatization is an important factor in the development of society and the automation of all aspects of its life, including science and education. One of the results of this process was the massive translation of the available, created and published scientific, pedagogical and other literature into digital form. Against this backdrop, at the end of the 20th and beginning of the 21st centuries, in the context of easy accessibility of digital copies of literature, convenience and ease of work with it, the question of identifying and combating plagiarism was suddenly popularized by using unsuitable programs and technologies such as “antiplagiat” In the final analysis, was transformed into a specific threat-forming, corruption-prone problem of Russian education and science.
Ключевые слова / Keywords:
plagiarism, antiplagiarism, originality of the text, legal basis, copyright, program, threat.
Аннотация / Annotation:
At present, informatization is an important factor in the development of society and the automation of all aspects of its life, including science and education. One of the results of this process was the massive translation of the available, created and published scientific, pedagogical and other literature into digital form. Against this backdrop, at the end of the 20th and beginning of the 21st centuries, in the context of easy accessibility of digital copies of literature, convenience and ease of work with it, the question of identifying and combating plagiarism was suddenly popularized by using unsuitable programs and technologies such as “antiplagiat” In the final analysis, was transformed into a specific threat-forming, corruption-prone problem of Russian education and science.
Ключевые слова / Keywords:
plagiarism, antiplagiarism, originality of the text, legal basis, copyright, program, threat.
NIKOLAEV M.V. Nikolaev M.V. – PhD in Pedagogic sciences, senior lecturer, Асаdemy of business and innovative technologies
Reforming the education system: the quality of life of the society and the polarization of the population in Russia
Страницы / Pages: 26-32
Аннотация / Annotation:
The article is devoted to the identification of the main directions of reforming the system of Russian education. It reveals the discrepancy between the educational policy and the practice of reforming education with the traditional humanistic personality paradigm of education and promising social and personal approaches to innovative transformations in the educational sphere. The author analyzes the measures aimed at reforming the country’s education system, formulates conclusions about the consequences of these reforms.
Ключевые слова / Keywords:
education reform, quality of education, principles of educational reform, polarization of society.
Аннотация / Annotation:
The article is devoted to the identification of the main directions of reforming the system of Russian education. It reveals the discrepancy between the educational policy and the practice of reforming education with the traditional humanistic personality paradigm of education and promising social and personal approaches to innovative transformations in the educational sphere. The author analyzes the measures aimed at reforming the country’s education system, formulates conclusions about the consequences of these reforms.
Ключевые слова / Keywords:
education reform, quality of education, principles of educational reform, polarization of society.
SUKHANOVA S.G. Sukhanova S.G. – candidate of pedagogical sciences, associate professor of department of economics, physics and mathematics. Khabarovsk institute infokommunikatsy (branch) «The Siberian state university of telecommunications and informatics»
SHULZHENKO N.V. Shulzhenko N.V. – associate professor, candidate sociological sciences, head of department of scientific and innovative work and additional professional education Khabarovsk institute infokommunikatsy (branch) «The Siberian state university of telecommunications and informatics»
To the problem of the development of the spiritual and moral potential students of technical universities
Страницы / Pages: 33-38
Аннотация / Annotation:
The article gives a detailed theoretical and practical analysis of the students’ training us development of spiritual and moral culture subjects in the technical higher education system.
Ключевые слова / Keywords:
technical education humanization, moral and spiritual culture, education system, goal, subject.
EDUCATIONAL LAWАннотация / Annotation:
The article gives a detailed theoretical and practical analysis of the students’ training us development of spiritual and moral culture subjects in the technical higher education system.
Ключевые слова / Keywords:
technical education humanization, moral and spiritual culture, education system, goal, subject.
ZVONAREV A.V. Zvonarev A.V. – candidate of history, associate professor
LADNUSHKINA N.M. Ladnushkina N.M. – candidate of pedagogy, associate professor
PASHENTSEV D.A. Pashentsev D.A. – doctor of jurisprudence, professor
The system of sources of educational law of the Russian Federation
Страницы / Pages: 39-45
Аннотация / Annotation:
The article analyzes the system of formal sources of educational law in modern Russia and its dynamics since 1991, the characteristic of specific sources, which regulate relations in the sphere of education. It is noted the increasing role and number of normative acts to regulate relations in the sphere of education.
Ключевые слова / Keywords:
education, educational law, source of law, the law, regulatory legal act.
Аннотация / Annotation:
The article analyzes the system of formal sources of educational law in modern Russia and its dynamics since 1991, the characteristic of specific sources, which regulate relations in the sphere of education. It is noted the increasing role and number of normative acts to regulate relations in the sphere of education.
Ключевые слова / Keywords:
education, educational law, source of law, the law, regulatory legal act.
OZHIGANOVA M.V. Ozhiganova M.V. – docent of Academic department of document science, history and legal of RSVPU, PhD of Law
Problems of normative certanity and differentiation of disciplinary and academic responsibility of students
Страницы / Pages: 46-55
Аннотация / Annotation:
This arcticle is about problematic aspects of legal regulation of disciplinary responsibility and understanding of students’ academic debt. The analysis of judicial practice, confirming the absence of systematic control of the legal responsibility of students, is given here.
Ключевые слова / Keywords:
Аннотация / Annotation:
This arcticle is about problematic aspects of legal regulation of disciplinary responsibility and understanding of students’ academic debt. The analysis of judicial practice, confirming the absence of systematic control of the legal responsibility of students, is given here.
Ключевые слова / Keywords:
KIRILLOVYH A.A. Kirillovyh A.A. – PhD, Assistant Professor of the Department of constitutional and administrative law and legal support of the public service Legal Institute of Vyatka State University
Legal problems of development of the russian higher school in the context of cross-border education
Страницы / Pages: 56-63
Аннотация / Annotation:
In this article the reader analysis of contemporary academic forms of domestic educational institutions of higher education in the framework of educational services, as well as models for the development of the private sector and market mechanisms in the activities of the Russian higher school in terms of academic mobility and cross-border education.
Ключевые слова / Keywords:
globalization, higher education, University, integration.
JURIDICAL EDUCATIONАннотация / Annotation:
In this article the reader analysis of contemporary academic forms of domestic educational institutions of higher education in the framework of educational services, as well as models for the development of the private sector and market mechanisms in the activities of the Russian higher school in terms of academic mobility and cross-border education.
Ключевые слова / Keywords:
globalization, higher education, University, integration.
ROMANOV A.N. Romanov A.N. – candidate of law sciences, associate professor, Head of the chair of public law in the Ural State Economic University,
SAVOSKIN A.V. Savoskin A.V. – candidate of law sciences, associate professor, Adviser to the judge of the Charter Court of Sverdlovsk region, associate professor of the chair of the public law in the Ural State Economic University
CHUDINOVSKIKH M.V. Chudinovskikh M.V. – candidate of law sciences, associate professor, Associate professor of the chair of the public law in the Ural State Economic University,
Juridical education: in search of optimal model
Страницы / Pages: 64-70
Аннотация / Annotation:
Modern legal education is going through a crisis caused by extremely low level of graduates’ preparation. In 2017, a new trend in the development of legal education, namely the adoption of two new educational standards: for bachelors and specialists. The present publication is devoted to the analysis of these acts, including in connection with the needs of the judicial system of Russia.
Ключевые слова / Keywords:
juridical education, master, bachelor, requirements to the judge, jurisprudence, educational standard.
Аннотация / Annotation:
Modern legal education is going through a crisis caused by extremely low level of graduates’ preparation. In 2017, a new trend in the development of legal education, namely the adoption of two new educational standards: for bachelors and specialists. The present publication is devoted to the analysis of these acts, including in connection with the needs of the judicial system of Russia.
Ключевые слова / Keywords:
juridical education, master, bachelor, requirements to the judge, jurisprudence, educational standard.
AKHMETOV A.S. Akhmetov A.S. – Ph.D, associate professor, Pavlodar Pedagogical State Institute
On the use of information technology in legal education
Страницы / Pages: 71-78
Аннотация / Annotation:
The presented article analyzes the role of information technologies in legal education. The author pays attention to the role of digital educational resources in the educational process. The article is written on the basis of research by domestic and foreign authors on the application of digital educational resources. In conclusion, the author comes to the conclusion that there is a need to create a unified approach that reveals the didactic possibilities of using digital educational resources.
Ключевые слова / Keywords:
education, system, digital electronic resource, information environment, science, education standards, electronic format, virtual environment, Internet, remote technology.
Аннотация / Annotation:
The presented article analyzes the role of information technologies in legal education. The author pays attention to the role of digital educational resources in the educational process. The article is written on the basis of research by domestic and foreign authors on the application of digital educational resources. In conclusion, the author comes to the conclusion that there is a need to create a unified approach that reveals the didactic possibilities of using digital educational resources.
Ключевые слова / Keywords:
education, system, digital electronic resource, information environment, science, education standards, electronic format, virtual environment, Internet, remote technology.
IVANOV I.S. Ivanov I.S. – candidate of jurisprudence, associate professor
KUSKOV A.S. Kuskov A.S. – general director of LLC «Legal Center Yurprofi»
Business games as interactive method training in the course of preparation bachelors of law
Страницы / Pages: 79-94
Аннотация / Annotation:
In article business games as one of interactive methods of training are considered. Determination of legal business game is formulated, classification of such games is provided. On the basis of the offered algorithm of planning and carrying out legal business games the scenario of business game on discipline «Civil law» is developed. Conclusions about the directions of development of playful ways of training for the organization of more effective system of training of bachelors of law are drawn.
Ключевые слова / Keywords:
active methods of training, bachelor of law, business game, interactive methods of training, scenario of business game, legal business game.
WE DISCUSS THE PROBLEMАннотация / Annotation:
In article business games as one of interactive methods of training are considered. Determination of legal business game is formulated, classification of such games is provided. On the basis of the offered algorithm of planning and carrying out legal business games the scenario of business game on discipline «Civil law» is developed. Conclusions about the directions of development of playful ways of training for the organization of more effective system of training of bachelors of law are drawn.
Ключевые слова / Keywords:
active methods of training, bachelor of law, business game, interactive methods of training, scenario of business game, legal business game.
ROMASHOV R.A. Romashov R.A. – doctor of law, professor
From truth to the law: genesis of russian legal terminology
Страницы / Pages: 95-100
Аннотация / Annotation:
In the article the author’s study of the genesis of the Russian legal terminology in terms of the movement from the truth, which was interpreted in the ancient and medieval Russia as a formalized the will of the sovereign, to the law.
Ключевые слова / Keywords:
truth, law, legal terminology.
Аннотация / Annotation:
In the article the author’s study of the genesis of the Russian legal terminology in terms of the movement from the truth, which was interpreted in the ancient and medieval Russia as a formalized the will of the sovereign, to the law.
Ключевые слова / Keywords:
truth, law, legal terminology.
KOMYAGINA YU.S. Komyagina Yu.S. – PhD in Law
The nature of the investigative action
Страницы / Pages: 101-112
Аннотация / Annotation:
In article on the basis of the analysis of the essential features of investigative action proved his dual – evidentiary and organizational – nature, that allowed us to formulate a more complete definition of this kind of proceedings.
Ключевые слова / Keywords:
crime investigation, investigative actions, the nature of the investigative action.
Аннотация / Annotation:
In article on the basis of the analysis of the essential features of investigative action proved his dual – evidentiary and organizational – nature, that allowed us to formulate a more complete definition of this kind of proceedings.
Ключевые слова / Keywords:
crime investigation, investigative actions, the nature of the investigative action.
TURCHINA O.V. Turchina O.V. – candidate of juridical science, associate professor
SITKINA M.N. Sitkina M.N. – candidate of juridical science, associate professor
A formal approach to the establishment of objective truth in court
Страницы / Pages: 113-118
Аннотация / Annotation:
In article is considered the concept of the category of the truth and objective of the truth in particular. Also, the evolution and the operation of the principle of objective truth in legal proceedings are analyzed. Conclusions are draw about the significance of this principle and the need for its legal consolidation.
Ключевые слова / Keywords:
truth, principle of objective truth, competitiveness, proving, legal proceedings.
Аннотация / Annotation:
In article is considered the concept of the category of the truth and objective of the truth in particular. Also, the evolution and the operation of the principle of objective truth in legal proceedings are analyzed. Conclusions are draw about the significance of this principle and the need for its legal consolidation.
Ключевые слова / Keywords:
truth, principle of objective truth, competitiveness, proving, legal proceedings.
TIKHOMIROVA G.V. Tikhomirova G.V. – Candidate of Historical Sciences
Zemsky self-government and the Soviet government: November 1917 – June 1918 (on the materials of the Vologda province)
Страницы / Pages: 119-125
Аннотация / Annotation:
The issues of functioning of the zemstvo self-government do not lose their relevance for a long time. The article presents the research of the last stage of zemstvos existence on the basis of the analysis of archival materials of the Zemstvo of the Vologda province. The process of liquidation of the zemstvos, as well as its reasons, is considered.
Ключевые слова / Keywords:
self-government, zemstvo, gubernia, county, Provisional government, October revolution, zemstvo board, provincial zemstvo assembly.
HOT TOPICАннотация / Annotation:
The issues of functioning of the zemstvo self-government do not lose their relevance for a long time. The article presents the research of the last stage of zemstvos existence on the basis of the analysis of archival materials of the Zemstvo of the Vologda province. The process of liquidation of the zemstvos, as well as its reasons, is considered.
Ключевые слова / Keywords:
self-government, zemstvo, gubernia, county, Provisional government, October revolution, zemstvo board, provincial zemstvo assembly.
CHELYSHEVA N.YU. Chelysheva N.Yu. – candidate of jurisprudence, associate professor
Creation and use of the target capital as way of alternative financing of educational institutions
Страницы / Pages: 126-137
Аннотация / Annotation:
In article the target capital of non-profit organizations as specific object of the civil rights from category of things is considered. On the basis of the drawn conclusions the mechanism increasing efficiency of use of the target capital by educational institutions is offered. During research distinctive features of charity from activities for formation and use of the target capital by non-profit organizations are revealed.
Ключевые слова / Keywords:
charity, trust management, target capital.
Аннотация / Annotation:
In article the target capital of non-profit organizations as specific object of the civil rights from category of things is considered. On the basis of the drawn conclusions the mechanism increasing efficiency of use of the target capital by educational institutions is offered. During research distinctive features of charity from activities for formation and use of the target capital by non-profit organizations are revealed.
Ключевые слова / Keywords:
charity, trust management, target capital.
SHEIAFETDINOVA N.A. Sheiafetdinova N.A. – candidate of legal Sciences, associate Professor, associate Professor
Professional legal consciousness of judges in the context of legal security
Страницы / Pages: 138-142
Аннотация / Annotation:
The Article is devoted to the study of professional legal consciousness of judges as an essential element to ensure legal security. The same advantages of the developed legal consciousness of judges and the danger of its deformation.
Ключевые слова / Keywords:
legal consciousness, legal consciousness of judges, development of legal consciousness, legal security, threats of legal security, ideology.
Аннотация / Annotation:
The Article is devoted to the study of professional legal consciousness of judges as an essential element to ensure legal security. The same advantages of the developed legal consciousness of judges and the danger of its deformation.
Ключевые слова / Keywords:
legal consciousness, legal consciousness of judges, development of legal consciousness, legal security, threats of legal security, ideology.
GOROVOY V.V. Gorovoy V.V. – researcher of the PKU research Institute of the Federal penitentiary service of Russia Capitan of internal service.
GOROVOY V.V. Gorovoy V.V. – candidate of juridical Sciences. Deputy head of the Department Doudou UNK SP of the Moscow University of the MIA of Russia named after V. J. Kikot
Blocking mobile communication in companies criminal-Executive system of the Russian Federation
Страницы / Pages: 143-150
Аннотация / Annotation:
The article proposes a solution to the problem of unauthorized use of mobile communication devices of suspects, accused and convicts held in prisons.
Ключевые слова / Keywords:
MIS, mobile communications, unauthorized use.
Аннотация / Annotation:
The article proposes a solution to the problem of unauthorized use of mobile communication devices of suspects, accused and convicts held in prisons.
Ключевые слова / Keywords:
MIS, mobile communications, unauthorized use.
GIRICHUK V.V. Girichuk V.V. – candidate of legal sciences, associate professor
Problems of counteraction of internal affairs bodies to criminal encroachments on water biological resources of the Far East
Страницы / Pages: 151-154
Аннотация / Annotation:
The article examines and analyzes problems faced by subdivisions of the internal affairs bodies in the process of countering criminal encroachments on water biological resources of the Far Eastern region.
Ключевые слова / Keywords:
water biological resources and their types, ecological crimes, problems of countering encroachment, disclosure of crimes.
SCIENTIFIC DEBUTАннотация / Annotation:
The article examines and analyzes problems faced by subdivisions of the internal affairs bodies in the process of countering criminal encroachments on water biological resources of the Far Eastern region.
Ключевые слова / Keywords:
water biological resources and their types, ecological crimes, problems of countering encroachment, disclosure of crimes.
ALEKSANDROV E.A.
Aleksandrov E.A.
–
Reforming of Russian education in the 19th century: legal and social aspects
Страницы / Pages: 155-162
Аннотация / Annotation:
The article examines the features of the reform of the educational system in Russia in the XIX century. The main attention accentuates on the law and social sides of the reforms. Holistic view of the process of reform of the education system makes it possible to use the experience of the past in the context of current education reforms in Russia.
Ключевые слова / Keywords:
reform of education; education system; educational establishments; legal acts.
Аннотация / Annotation:
The article examines the features of the reform of the educational system in Russia in the XIX century. The main attention accentuates on the law and social sides of the reforms. Holistic view of the process of reform of the education system makes it possible to use the experience of the past in the context of current education reforms in Russia.
Ключевые слова / Keywords:
reform of education; education system; educational establishments; legal acts.
IGNATIEV A.M.
Ignatiev A.M.
–
The legal regulation of professional training of officers special units the penal system escort
Страницы / Pages: 163-169
Аннотация / Annotation:
In article questions of legal regulation of professional training of employees escort, from the moment of appointment of the person trainee positions, until the appointment of an employee to the composition of the guard to escort prisoners and persons in detention.
Ключевые слова / Keywords:
Training, escort, intern, mentor.
Аннотация / Annotation:
In article questions of legal regulation of professional training of employees escort, from the moment of appointment of the person trainee positions, until the appointment of an employee to the composition of the guard to escort prisoners and persons in detention.
Ключевые слова / Keywords:
Training, escort, intern, mentor.
POPOV L.V.
Popov L.V.
–
Legal category of a «migrant» in the norms of international law: content and correlation with similar categories
Страницы / Pages: 170-175
Аннотация / Annotation:
The article is devoted to the analysis of the conceptual construct related to the determination of the legal status of people who move voluntarily or are forced to do so. Legal categories «migrant», «refugee», «forced migrant», «displaced person» are considered in their correlation on the basis of the norms of international law.
Ключевые слова / Keywords:
migrant, international law, International Organization for Migration, refugees, displaced persons.
REVIEWSАннотация / Annotation:
The article is devoted to the analysis of the conceptual construct related to the determination of the legal status of people who move voluntarily or are forced to do so. Legal categories «migrant», «refugee», «forced migrant», «displaced person» are considered in their correlation on the basis of the norms of international law.
Ключевые слова / Keywords:
migrant, international law, International Organization for Migration, refugees, displaced persons.
SOLOVYEV A.A. Solovyev A.A. – doctor of science (Law), professor
On the legal regulation of the production, sale, destination and consumption of drugs
Страницы / Pages: 176-179
Аннотация / Annotation:
This material is a scientific review of the monograph of I.V. Ponkin and A.A. Ponkina «Pharmaceutical Law» (Moscow, GEOTAR-Media, 2017).
Ключевые слова / Keywords:
pharmaceutical law; legal regulation of the production, sale, destination and consumption of drugs; drugs; medicine.
Аннотация / Annotation:
This material is a scientific review of the monograph of I.V. Ponkin and A.A. Ponkina «Pharmaceutical Law» (Moscow, GEOTAR-Media, 2017).
Ключевые слова / Keywords:
pharmaceutical law; legal regulation of the production, sale, destination and consumption of drugs; drugs; medicine.