Право и образование
№ 10 • 2019
THEORY QUESTIONS
TROFIMOV V.V. Trofimov V.V. – Doctor of Law, associate Professor
To the problem of justification of the idea of solidarity in law and legal doctrine: a representative essay
Страницы / Pages: 4-11
Аннотация / Annotation:
The article raises the actual problem of understanding the idea of solidarity in law and legal doctrine. A point of view is expressed that law primarily represents a form of expression of the spiritual principles of solidarity in society. In a representative manner, doctrinal legal concepts from antiquity to modernity are characterized, in which the solidarity of people is seen as the main basis of the world order, the functioning legal mechanisms. In the structure of law, the «law of cooperation» is highlighted.
Ключевые слова / Keywords:
law, legal doctrine, the idea of solidarity, society, legal practice, the law of cooperation.
Аннотация / Annotation:
The article raises the actual problem of understanding the idea of solidarity in law and legal doctrine. A point of view is expressed that law primarily represents a form of expression of the spiritual principles of solidarity in society. In a representative manner, doctrinal legal concepts from antiquity to modernity are characterized, in which the solidarity of people is seen as the main basis of the world order, the functioning legal mechanisms. In the structure of law, the «law of cooperation» is highlighted.
Ключевые слова / Keywords:
law, legal doctrine, the idea of solidarity, society, legal practice, the law of cooperation.
DURNEVA P.N. Durneva P.N. – Candidate of Pedagogical Sciences
STANKEVICH G.V. Stankevich G.V. – Doctor of Political Sciences, PhD in Law, Associate Professor
Artificial intelligence in the system of civil relations
Страницы / Pages: 12-17
Аннотация / Annotation:
The article is devoted to the civil law the study of artificial intelligence (hereinafter – AI) in the system of civil relations and the possibility of recognition for artificial intelligence the status of a subject of civil legal relations. The subject of the research dictates the need for an interdisciplinary approach, but the authors have made an attempt to stay as much as possible within the framework of civil science, turning to knowledge from other Sciences without in-depth study of interdisciplinary categories.
Ключевые слова / Keywords:
artificial intelligence; legal personality; robotics; robot; electronic face.
Аннотация / Annotation:
The article is devoted to the civil law the study of artificial intelligence (hereinafter – AI) in the system of civil relations and the possibility of recognition for artificial intelligence the status of a subject of civil legal relations. The subject of the research dictates the need for an interdisciplinary approach, but the authors have made an attempt to stay as much as possible within the framework of civil science, turning to knowledge from other Sciences without in-depth study of interdisciplinary categories.
Ключевые слова / Keywords:
artificial intelligence; legal personality; robotics; robot; electronic face.
KIRYUSHIN A.N. Kiryushin A.N. – candidate of philosophical Sciences
The problem of the game in the religious worldview: historical and philosophical discourse
Страницы / Pages: 18-24
Аннотация / Annotation:
The article deals with the specifics of solving the problem of playing in the religious worldview. The analysis reveals the dependence of the game on the content and specificity of beliefs, as well as the place and the role it plays in society.
Ключевые слова / Keywords:
game, religion, worldview, Christianity, Islam, Buddhism, Hinduism.
Аннотация / Annotation:
The article deals with the specifics of solving the problem of playing in the religious worldview. The analysis reveals the dependence of the game on the content and specificity of beliefs, as well as the place and the role it plays in society.
Ключевые слова / Keywords:
game, religion, worldview, Christianity, Islam, Buddhism, Hinduism.
SHEVCHENKO O.V. Shevchenko O.V. – candidate of philosophical sciences
Typological interpretation of spiritual traditions Russian society and army
Страницы / Pages: 25-32
Аннотация / Annotation:
In work typological interpretation of spiritual traditions which on the essence is a certain idea form of their understanding, the hermeneutical basis in which the pre-set ethnic world outlook paradigm connected with an intersubjektivny existential and social vision of the world is put reveals.
Ключевые слова / Keywords:
typological interpretation, traditions, spiritual traditions, Russian society, army.
MODERN EDUCATIONАннотация / Annotation:
In work typological interpretation of spiritual traditions which on the essence is a certain idea form of their understanding, the hermeneutical basis in which the pre-set ethnic world outlook paradigm connected with an intersubjektivny existential and social vision of the world is put reveals.
Ключевые слова / Keywords:
typological interpretation, traditions, spiritual traditions, Russian society, army.
CHELYSHEVA N.YU. Chelysheva N.Yu. – candidate of jurisprudence, associate professor
Problems of commercialization of activity of the public educational institutions: teoretiko-legal aspect
Страницы / Pages: 33-39
Аннотация / Annotation:
In work features of realization of the right of operational management of the budgetary educational institutions are considered and the analysis of modern jurisprudence concerning legitimacy of transactions on the order by establishments by the property assigned to them is given. The conclusion that the current legislation needs expansion of freedom of competences of the budgetary educational institutions within the right of operational management for their full functioning and effective implementation of educational activity locates.
Ключевые слова / Keywords:
The public educational institutions, the right of operational management, property, the order, invalid transactions, the missed benefit, private interest.
Аннотация / Annotation:
In work features of realization of the right of operational management of the budgetary educational institutions are considered and the analysis of modern jurisprudence concerning legitimacy of transactions on the order by establishments by the property assigned to them is given. The conclusion that the current legislation needs expansion of freedom of competences of the budgetary educational institutions within the right of operational management for their full functioning and effective implementation of educational activity locates.
Ключевые слова / Keywords:
The public educational institutions, the right of operational management, property, the order, invalid transactions, the missed benefit, private interest.
OSIPOV M.YU. Osipov M.Yu. – PhD
On the issue of improving certification procedures for scientific, pedagogical and scientific personnel in Russia
Страницы / Pages: 40-46
Аннотация / Annotation:
The problem of improving certification procedures for scientific, pedagogical and scientific personnel in the Russian Federation is one of the urgent problems facing the management of Russian science. The proposed article addresses the issues of improving the certification of scientific and scientific – pedagogical personnel in the Russian Federation. A number of measures have been proposed for the improvement of certification procedures for scientific, pedagogical and scientific personnel in the Russian Federation.
Ключевые слова / Keywords:
certification, scientific and pedagogical workers, dissertation, defense, doctoral studies, procedures, legal space, education, science.
Аннотация / Annotation:
The problem of improving certification procedures for scientific, pedagogical and scientific personnel in the Russian Federation is one of the urgent problems facing the management of Russian science. The proposed article addresses the issues of improving the certification of scientific and scientific – pedagogical personnel in the Russian Federation. A number of measures have been proposed for the improvement of certification procedures for scientific, pedagogical and scientific personnel in the Russian Federation.
Ключевые слова / Keywords:
certification, scientific and pedagogical workers, dissertation, defense, doctoral studies, procedures, legal space, education, science.
SIDOROVA YU.O.
Sidorova Yu.O.
–
Right of refugees to education
Страницы / Pages: 47-56
Аннотация / Annotation:
The article deals with the experience of a number of countries in terms of refugee’s access to education, as well as the inclusion of refugees in national education systems. Achievements and shortcomings of countries in ensuring the right of children of migrants and refugees to receive quality education are described. The situation in Russia is considered separately: measures to ensure the realization of the right to education in the Russian Federation of refugees and internally displaced persons. For a common understanding of the terminology of the academic community, the definition of the concepts of “refugee”, “internally displaced person” is revealed.
Ключевые слова / Keywords:
refugee, internally displaced persons, academic displacement, The General Assembly of the United Nations, The Office of the United Nations High Commissioner for Refugees, The Dutch organization for internationalization in education.
Аннотация / Annotation:
The article deals with the experience of a number of countries in terms of refugee’s access to education, as well as the inclusion of refugees in national education systems. Achievements and shortcomings of countries in ensuring the right of children of migrants and refugees to receive quality education are described. The situation in Russia is considered separately: measures to ensure the realization of the right to education in the Russian Federation of refugees and internally displaced persons. For a common understanding of the terminology of the academic community, the definition of the concepts of “refugee”, “internally displaced person” is revealed.
Ключевые слова / Keywords:
refugee, internally displaced persons, academic displacement, The General Assembly of the United Nations, The Office of the United Nations High Commissioner for Refugees, The Dutch organization for internationalization in education.
LAZAREV A.A. Lazarev A.A. – candidate of pedagogical Sciences
KONOVALENKO E.P.
Konovalenko E.P.
–
Fire-prevention training of seniors for implementation of public control
Страницы / Pages: 57-61
Аннотация / Annotation:
In article it is told about need of fire-prevention training of pupils of the senior classes of school volunteers for implementation of public control. Authors suggest this preparation to carry out in 2 stages: preparatory and instructive and practical. Thus within a practical stage it is offered to use the check points, the carrying out educational inspection placed on a route. Authors also offered the scheme of interaction within the specified training of pupils of the senior classes of school.
Ключевые слова / Keywords:
pupils of the senior classes of school, volunteer, fire-prevention preparation, public control.
Аннотация / Annotation:
In article it is told about need of fire-prevention training of pupils of the senior classes of school volunteers for implementation of public control. Authors suggest this preparation to carry out in 2 stages: preparatory and instructive and practical. Thus within a practical stage it is offered to use the check points, the carrying out educational inspection placed on a route. Authors also offered the scheme of interaction within the specified training of pupils of the senior classes of school.
Ключевые слова / Keywords:
pupils of the senior classes of school, volunteer, fire-prevention preparation, public control.
GLUKHAREV D.S. Glukharev D.S. – postgraduate student
Orthodox gymnasium in the educational space of modern society
Страницы / Pages: 62-67
Аннотация / Annotation:
The article is devoted to the study of the place and role of an Orthodox gymnasium in the context of the modernization of modern Russian education. The author focuses on the enormous educational potential of Orthodoxy, especially relevant in the 21st century, in the context of globalization and the loss of traditional spiritual and cultural values by society. The role of religion in the spiritual and moral education of the child’s personality is highlighted. The advantages of an Orthodox gymnasium at the level of general education in modern Russia are revealed.
Ключевые слова / Keywords:
patriotism, orthodox gymnasium, spiritual and moral values, integration of religious values, development of the personality, tradition.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article is devoted to the study of the place and role of an Orthodox gymnasium in the context of the modernization of modern Russian education. The author focuses on the enormous educational potential of Orthodoxy, especially relevant in the 21st century, in the context of globalization and the loss of traditional spiritual and cultural values by society. The role of religion in the spiritual and moral education of the child’s personality is highlighted. The advantages of an Orthodox gymnasium at the level of general education in modern Russia are revealed.
Ключевые слова / Keywords:
patriotism, orthodox gymnasium, spiritual and moral values, integration of religious values, development of the personality, tradition.
PUZIKOV R.V. Puzikov R.V. – candidate of law, associate Professor
KISELEV A.S. Kiselev A.S. – candidate of law
KOLODINA A.V.
Kolodina A.V.
–
Problems and perspectives of legal regulation of wages as a factor of economic development of Russia
Страницы / Pages: 68-77
Аннотация / Annotation:
This paper discusses the current problems of legal regulation of wages. They are analyzed, in particular, in the aspect of the impact on the economic development of Russia. The possible ways of solving these problems are investigated, the need for an integrated approach to the resolution of problematic issues is proved.
Ключевые слова / Keywords:
differentiation of wages; wages as a factor of economic development; minimum wage; wages; legal regulation of wages.
Аннотация / Annotation:
This paper discusses the current problems of legal regulation of wages. They are analyzed, in particular, in the aspect of the impact on the economic development of Russia. The possible ways of solving these problems are investigated, the need for an integrated approach to the resolution of problematic issues is proved.
Ключевые слова / Keywords:
differentiation of wages; wages as a factor of economic development; minimum wage; wages; legal regulation of wages.
ZAVRAZHIN A.V. Zavrazhin A.V. – doctor of historical Sciences, professor
KARMANOV M.V. Karmanov M.V. – doctor of Economic Sciences, professor
The problem of constructing system of indicators statistical literacy
Страницы / Pages: 78-86
Аннотация / Annotation:
The article describes the author’s approach to the problem of increasing statistical literacy, revealed its features and value as a necessary element of the intellectual and professional development of the Russian State.
Ключевые слова / Keywords:
statistical literacy, statistical literacy, assessment, indicators, system of indicators statistical literacy.
Аннотация / Annotation:
The article describes the author’s approach to the problem of increasing statistical literacy, revealed its features and value as a necessary element of the intellectual and professional development of the Russian State.
Ключевые слова / Keywords:
statistical literacy, statistical literacy, assessment, indicators, system of indicators statistical literacy.
BUSHNAYA N.V. Bushnaya N.V. – candidate of law, associate Professor
VISHNIKINA N.P.
Vishnikina N.P.
–
Youth and its participation in the election: forms and methods of increasing the electoral activity of youth
Страницы / Pages: 87-94
Аннотация / Annotation:
The article analyzes the current state of electoral activity of young people, the reasons for the passivity of the younger generation in the implementation of electoral rights, participation in the process of formation of the Russian statehood. Raising the level of legal culture is one of those tools that will help the young generation to realize their importance in building the future of Russia, understanding the importance of an active citizenship.
Ключевые слова / Keywords:
youth, electoral activity, youth policy, legal culture.
Аннотация / Annotation:
The article analyzes the current state of electoral activity of young people, the reasons for the passivity of the younger generation in the implementation of electoral rights, participation in the process of formation of the Russian statehood. Raising the level of legal culture is one of those tools that will help the young generation to realize their importance in building the future of Russia, understanding the importance of an active citizenship.
Ключевые слова / Keywords:
youth, electoral activity, youth policy, legal culture.
KARKHALEV D.N. Karkhalev D.N. – doctor of jurisprudence
Aliments in family law
Страницы / Pages: 95-102
Аннотация / Annotation:
The article соnsideres the actual problems of defense family rights and responsibility realization defense function of family law in aliments relations.
Ключевые слова / Keywords:
defense of family rights, responsibility in family law, defense relations, aliments.
Аннотация / Annotation:
The article соnsideres the actual problems of defense family rights and responsibility realization defense function of family law in aliments relations.
Ключевые слова / Keywords:
defense of family rights, responsibility in family law, defense relations, aliments.
SITKINA M.N. Sitkina M.N. – candidate of legal Sciences, docent
Problems of legal regulation and implementation administrative detention (on the example of activity of police)
Страницы / Pages: 103-109
Аннотация / Annotation:
The article investigates the issues of the grounds, goals, timing of calculation and subjects of administrative detention, as well as the emerging problems of the implementation of this measure of coercion in the activities of the police. The author’s proposals to amend and Supplement article 27.3, article 27.6 of the Code of administrative offences of the Russian Federation to eliminate legal uncertainty and imperfection of the current legislation in this area.
Ключевые слова / Keywords:
measures of proceedings on administrative offences, administrative detention, delivery, police, terms and grounds of administrative detention.
PROTECTION OF THE RIGHTS OF MINORSАннотация / Annotation:
The article investigates the issues of the grounds, goals, timing of calculation and subjects of administrative detention, as well as the emerging problems of the implementation of this measure of coercion in the activities of the police. The author’s proposals to amend and Supplement article 27.3, article 27.6 of the Code of administrative offences of the Russian Federation to eliminate legal uncertainty and imperfection of the current legislation in this area.
Ключевые слова / Keywords:
measures of proceedings on administrative offences, administrative detention, delivery, police, terms and grounds of administrative detention.
POLYAKOVA N.V. Polyakova N.V. – candidate of law, associate Professor
ZAPOROZHYE N.S.
Zaporozhye N.S.
–
Administrative legal personality of foreign minors in the field of migration
Страницы / Pages: 110-119
Аннотация / Annotation:
Today, the Russian Federation faces new challenges caused by numerous factors. The tense geopolitical situation, internal economic problems, growing risks in the social and political spheres of society, force the public authorities to pay more attention to the sphere of participation of minors in migration relations, while ensuring a reasonable balance of public, public and private interests.
Ключевые слова / Keywords:
migration, minors, migration policy, administrative legal personality, child rights, migration registration, administrative expulsion.
Аннотация / Annotation:
Today, the Russian Federation faces new challenges caused by numerous factors. The tense geopolitical situation, internal economic problems, growing risks in the social and political spheres of society, force the public authorities to pay more attention to the sphere of participation of minors in migration relations, while ensuring a reasonable balance of public, public and private interests.
Ключевые слова / Keywords:
migration, minors, migration policy, administrative legal personality, child rights, migration registration, administrative expulsion.
EREZHIPALIEV D.I. Erezhipaliev D.I. – Candidate of Juridical Sciences
Protection of minors residing in organizations for orphans and children left without parental care: problems of legal regulation and ways of their solution
Страницы / Pages: 120-125
Аннотация / Annotation:
The article on the basis of the analysis of the current legislation and law enforcement practice highlights the current problems of protection of the rights of minors staying in organizations for orphans and children left without parental care. The ways of their solution are offered. It is concluded that it is necessary to adopt a Federal law regulating various aspects of support and social adaptation of orphans.
Ключевые слова / Keywords:
protection of the rights of minors, orphans, post-boarding support, social adaptation, education.
Аннотация / Annotation:
The article on the basis of the analysis of the current legislation and law enforcement practice highlights the current problems of protection of the rights of minors staying in organizations for orphans and children left without parental care. The ways of their solution are offered. It is concluded that it is necessary to adopt a Federal law regulating various aspects of support and social adaptation of orphans.
Ключевые слова / Keywords:
protection of the rights of minors, orphans, post-boarding support, social adaptation, education.
TELEGIN A.S. Telegin A.S. – PhD in Law, Professor
POPOV V.I. Popov V.I. – PhD in Law, Associate Professor
Some problems of administrative prevention juvenile delinquency
Страницы / Pages: 126-133
Аннотация / Annotation:
The article considers the possibilities of administrative delictology in the development of evidence-based effective measures for the prevention of administrative offenses of minors, substantiates the need for legislative consolidation of administrative measures of compulsory educational nature applied to juvenile offenders, analyzes the conditions for bringing minors to administrative responsibility.
Ключевые слова / Keywords:
Administrative offense, administrative delict, minors, administrative-tort sensitivity, measures of prevention and prevention of offenses, administrative responsibility, administrative measures of compulsory-educational character.
Аннотация / Annotation:
The article considers the possibilities of administrative delictology in the development of evidence-based effective measures for the prevention of administrative offenses of minors, substantiates the need for legislative consolidation of administrative measures of compulsory educational nature applied to juvenile offenders, analyzes the conditions for bringing minors to administrative responsibility.
Ключевые слова / Keywords:
Administrative offense, administrative delict, minors, administrative-tort sensitivity, measures of prevention and prevention of offenses, administrative responsibility, administrative measures of compulsory-educational character.
MATVEEV V.U. Matveev V.U. – PhD
MOSKALENKO N.V.
Moskalenko N.V.
–
Problems of Legal Regulation of Representation children’s interests in Russian Legislation
Страницы / Pages: 134-140
Аннотация / Annotation:
The article analyzes the content of the term “parents (legal representatives)”, the results of which conclude that in the literal interpretation its content should not include certain categories of children’s representatives. According to the results of consideration, a new term has been proposed. In addition, the legal status of particular representatives of children was considered, the results of which led to the conclusion of their inequality.
Ключевые слова / Keywords:
representation, legal representatives, parents.
PAGES OF HISTORYАннотация / Annotation:
The article analyzes the content of the term “parents (legal representatives)”, the results of which conclude that in the literal interpretation its content should not include certain categories of children’s representatives. According to the results of consideration, a new term has been proposed. In addition, the legal status of particular representatives of children was considered, the results of which led to the conclusion of their inequality.
Ключевые слова / Keywords:
representation, legal representatives, parents.
KODINTCEV A.J. Kodintcev A.J. – doctor of law, Professor
Modern textbooks on the history of the organs of Soviet justice
Страницы / Pages: 141-150
Аннотация / Annotation:
In recent decades, widespread massive manuals and textbooks on the history of the Russian judicial authorities. Introduce new historical facts, new terms, updated old concepts, new teaching materials are being developed. Nevertheless, considerable real part-textbooks lag behind current knowledge, a certain number of them contains information that contradicts historical facts and methodological materials.
Ключевые слова / Keywords:
competence approach, terminology, periodization, justice, tutorial.
Аннотация / Annotation:
In recent decades, widespread massive manuals and textbooks on the history of the Russian judicial authorities. Introduce new historical facts, new terms, updated old concepts, new teaching materials are being developed. Nevertheless, considerable real part-textbooks lag behind current knowledge, a certain number of them contains information that contradicts historical facts and methodological materials.
Ключевые слова / Keywords:
competence approach, terminology, periodization, justice, tutorial.
BELOSHITSKY A.V. Beloshitsky A.V. – doctor of pedagogical Sciences, professor
The practice of ideological and political indoctrination in the USSR in the period of «stagnation»
Страницы / Pages: 151-156
Аннотация / Annotation:
The article analyzes the practice of military education in the national pedagogy of the era of “stagnation” (mid-1960s – first half of the 1980s). It sets out the provisions of regulations governing the process of education of soldiers, describes the experience of ideological education of soldiers, forms and methods of the educational process.
Ключевые слова / Keywords:
ideological and political education, soldier, the period of “stagnation”, political agents, forms of education, methods of education.
Аннотация / Annotation:
The article analyzes the practice of military education in the national pedagogy of the era of “stagnation” (mid-1960s – first half of the 1980s). It sets out the provisions of regulations governing the process of education of soldiers, describes the experience of ideological education of soldiers, forms and methods of the educational process.
Ключевые слова / Keywords:
ideological and political education, soldier, the period of “stagnation”, political agents, forms of education, methods of education.
KONONENKO S.V.
Kononenko S.V.
–
The father of the parachute case
Страницы / Pages: 157-164
Аннотация / Annotation:
The article is devoted to Leonid Grigorievich Minov, the organizer of parachutism in the USSR in the 1930s. The article reflects the main biographical information about L.G. Minov, reveals the main directions of his activities for the development of parachutism, as well as airborne Affairs.
Ключевые слова / Keywords:
Leonid Grigoryevich Minov, parachuting, aviation, pilot, airplane, air assault.
Аннотация / Annotation:
The article is devoted to Leonid Grigorievich Minov, the organizer of parachutism in the USSR in the 1930s. The article reflects the main biographical information about L.G. Minov, reveals the main directions of his activities for the development of parachutism, as well as airborne Affairs.
Ключевые слова / Keywords:
Leonid Grigoryevich Minov, parachuting, aviation, pilot, airplane, air assault.