Право и образование
№ 10 • 2023
MODERN EDUCATION
VETOSHKIN S.A. Vetoshkin S.A. – doctor of pedagogical sciences, associate professor
Reasoning about the problems of determining the quality of education
Страницы / Pages: 4-11
Аннотация / Annotation:
The article provides a brief excursion into the history of the origin of forms of education quality control, the opinions of famous teachers about these forms, examines the problems of quality assessment in modern education, suggests measures to optimize the educational process, the evaluation criteria of which have not changed over the centuries, in In particular, it is proposed, when assessing the quality of knowledge, to shift the focus from the final certification to work in the process of learning itself, for which it is more widely used such forms as an educational portfolio and an interview.
Ключевые слова / Keywords:
problems, quality of education, control and evaluation component, educational portfolio, interview, unified state exam, final certification, etc.
Аннотация / Annotation:
The article provides a brief excursion into the history of the origin of forms of education quality control, the opinions of famous teachers about these forms, examines the problems of quality assessment in modern education, suggests measures to optimize the educational process, the evaluation criteria of which have not changed over the centuries, in In particular, it is proposed, when assessing the quality of knowledge, to shift the focus from the final certification to work in the process of learning itself, for which it is more widely used such forms as an educational portfolio and an interview.
Ключевые слова / Keywords:
problems, quality of education, control and evaluation component, educational portfolio, interview, unified state exam, final certification, etc.
OZHIGANOVA M.V. Ozhiganova M.V. – candidate of sciences, associate professor
Competitive procedure for filling professorial and teaching positions: problematic aspects of law enforcement
Страницы / Pages: 12-24
Аннотация / Annotation:
The article discusses the procedure for replacing professorial and teaching positions on a competitive basis. The mass practice of fixed-term employment contracts in the field of higher education is seen as a decrease in the level of legal and social guarantees for scientific and pedagogical workers. Taking into account the position of the Constitutional Court of the Russian Federation and the established judicial practice, proposals are formulated aimed at ensuring a balance of interests of the university and employees.
Ключевые слова / Keywords:
decisions of the Constitutional Court of the Russian Federation, guarantees of workers’ rights, competitive procedure, fixed-term employment contract, university, teaching staff.
HOT TOPICАннотация / Annotation:
The article discusses the procedure for replacing professorial and teaching positions on a competitive basis. The mass practice of fixed-term employment contracts in the field of higher education is seen as a decrease in the level of legal and social guarantees for scientific and pedagogical workers. Taking into account the position of the Constitutional Court of the Russian Federation and the established judicial practice, proposals are formulated aimed at ensuring a balance of interests of the university and employees.
Ключевые слова / Keywords:
decisions of the Constitutional Court of the Russian Federation, guarantees of workers’ rights, competitive procedure, fixed-term employment contract, university, teaching staff.
KHABENSKAYA E.O. Khabenskaya E.O. – PhD in History
The Law on Native Languages of 2018: prerequisites for adoption, vicissitudes and conflicts of implementation in the regions (on the example of the Republic of Tatarstan)
Страницы / Pages: 25-31
Аннотация / Annotation:
The ethnopolitical prerequisites for the adoption of amendments to the Law “On Education” are revealed, related to the consolidation of the principle of voluntariness when choosing a native language to study as part of the school curriculum, as well as the introduction of compulsory subjects “native language” and “native literature” in all schools of the Russian Federation. The author believes that the main addressee of the Law on Native Languages was Tatarstan, and the key message of the federal center was a political message as the final chord in building the vertical of power in the Russian Federation.
Ключевые слова / Keywords:
native language, state language, Tatar language, law on education, law on native languages, ethnopolitical, language reform, Tatarstan, ethnopolitical elites.
Аннотация / Annotation:
The ethnopolitical prerequisites for the adoption of amendments to the Law “On Education” are revealed, related to the consolidation of the principle of voluntariness when choosing a native language to study as part of the school curriculum, as well as the introduction of compulsory subjects “native language” and “native literature” in all schools of the Russian Federation. The author believes that the main addressee of the Law on Native Languages was Tatarstan, and the key message of the federal center was a political message as the final chord in building the vertical of power in the Russian Federation.
Ключевые слова / Keywords:
native language, state language, Tatar language, law on education, law on native languages, ethnopolitical, language reform, Tatarstan, ethnopolitical elites.
VANINA T.O. Vanina T.O. – candidate of science (education)
Training undergraduate students in the correct use and adequate translation of russian and english legal terms
Страницы / Pages: 32-38
Аннотация / Annotation:
The article explains the need for undergraduate law students to develop the skills of both correct translation and use of legal terms in the context of Anglo-Saxon and Russian law and provides some options for activities, exercises and tasks for practicing and improving those skills during the course “Foreign language in the field of jurisprudence”.
Ключевые слова / Keywords:
skills development, legal system, legal culture, legal terms, glossary, legal texts, pre-text exercises, post-text exercises, conditional speech exercises, speech exercises.
DISCUSS THE PROBLEMАннотация / Annotation:
The article explains the need for undergraduate law students to develop the skills of both correct translation and use of legal terms in the context of Anglo-Saxon and Russian law and provides some options for activities, exercises and tasks for practicing and improving those skills during the course “Foreign language in the field of jurisprudence”.
Ключевые слова / Keywords:
skills development, legal system, legal culture, legal terms, glossary, legal texts, pre-text exercises, post-text exercises, conditional speech exercises, speech exercises.
PROTAS E.V. Protas E.V. – doctor of pedagogical sciences, candidate of legal sciences, professor
TARASENKO YU.A. Tarasenko Yu.A. – candidate of legal sciences, associate professor
Negotiating a contract as a new institution of civil law
Страницы / Pages: 39-47
Аннотация / Annotation:
A new institution has appeared in the Civil Code of the Russian Federation – negotiating a contract. The authors came to the conclusion that the institution of negotiating a contract, as it is formulated in the Code, has no property content, and therefore cannot be attributed to property relations regulated by civil law. Its content consists of organizational relations. The negotiation process cannot exist otherwise than in a contractual form.
Ключевые слова / Keywords:
civil law, negotiations, contract law, torts, liability, organizational relations, commercial law.
Аннотация / Annotation:
A new institution has appeared in the Civil Code of the Russian Federation – negotiating a contract. The authors came to the conclusion that the institution of negotiating a contract, as it is formulated in the Code, has no property content, and therefore cannot be attributed to property relations regulated by civil law. Its content consists of organizational relations. The negotiation process cannot exist otherwise than in a contractual form.
Ключевые слова / Keywords:
civil law, negotiations, contract law, torts, liability, organizational relations, commercial law.
SHCHERBAKOV A.V. Shcherbakov A.V. – Candidate of Legal Sciences, Associate Professor
KARPOV A.A. Karpov A.A. – Candidate of Legal Sciences, Associate Professor
Criminological characteristics of the personality of the convict who escaped from supervision
Страницы / Pages: 48-56
Аннотация / Annotation:
The article analyzes statistical indicators, informational letters, analytical materials of the penitentiary department for the period from 2017 to 2021 on escapes from supervision by convicts serving criminal sentences in penal colonies. The purpose of the preparation of the scientific article was to compile an average criminological portrait of a person escaping from supervision.
Ключевые слова / Keywords:
convicts, escape from supervision, colony-settlements.
Аннотация / Annotation:
The article analyzes statistical indicators, informational letters, analytical materials of the penitentiary department for the period from 2017 to 2021 on escapes from supervision by convicts serving criminal sentences in penal colonies. The purpose of the preparation of the scientific article was to compile an average criminological portrait of a person escaping from supervision.
Ключевые слова / Keywords:
convicts, escape from supervision, colony-settlements.
KOZACHEK E.S. Kozachek E.S. – graduate student
A group of persons and a group of persons by prior agreement: concept relationships
Страницы / Pages: 57-65
Аннотация / Annotation:
The article raises an important debatable issue of the relationship between the concepts of a group of persons and a group of persons by prior agreement. The answer to it is important not only in theoretical but also in practical terms. Attention is focused on the characteristic features of each of the groups, which make it possible to distinguish them not only from each other, but also from other forms of complicity. It also highlights the issue of determining the forms and types of complicity in general. Different classifications of forms of complicity are given.
Ключевые слова / Keywords:
forms of complicity, group of persons, prior agreement, consistency, types of complicity.
HISTORY PAGESАннотация / Annotation:
The article raises an important debatable issue of the relationship between the concepts of a group of persons and a group of persons by prior agreement. The answer to it is important not only in theoretical but also in practical terms. Attention is focused on the characteristic features of each of the groups, which make it possible to distinguish them not only from each other, but also from other forms of complicity. It also highlights the issue of determining the forms and types of complicity in general. Different classifications of forms of complicity are given.
Ключевые слова / Keywords:
forms of complicity, group of persons, prior agreement, consistency, types of complicity.
KLIMOV A.A. Klimov A.A. – doctor of historical sciences, associate professor
GAVRISHCHUK V.V. Gavrishchuk V.V. – Doctor of Historical Sciences, Professor
The experience of using the internal troops of the NKVD of the USSR in the fight against banditry and nationalism in the second and third periods of the great patriotic war
Страницы / Pages: 66-73
Аннотация / Annotation:
The article, based on the introduction of new archival materials into scientific circulation, reveals the changes in the organizational structure of the internal troops of the NKVD and the experience of their application during the tasks of eliminating gangs and nationalist groups in the second and third periods of the Great Patriotic War.
Ключевые слова / Keywords:
Аннотация / Annotation:
The article, based on the introduction of new archival materials into scientific circulation, reveals the changes in the organizational structure of the internal troops of the NKVD and the experience of their application during the tasks of eliminating gangs and nationalist groups in the second and third periods of the Great Patriotic War.
Ключевые слова / Keywords:
KAPLIUK M.A. Kapliuk M.A. – candidate in law, docent
Evolution of public administration bodies of higher education in Russia
Страницы / Pages: 74-83
Аннотация / Annotation:
The article provides an analysis of changes in the system of central higher education management bodies in our country. The characteristic features of the system of central higher education management bodies are shown, the author’s classification of the stages of their development is given, and approaches to the formation of the system of federal state higher education management bodies are proposed now.
Ключевые слова / Keywords:
higher education, evolution of public administration, higher education management bodies, Ministry of Science and Higher Education.
Аннотация / Annotation:
The article provides an analysis of changes in the system of central higher education management bodies in our country. The characteristic features of the system of central higher education management bodies are shown, the author’s classification of the stages of their development is given, and approaches to the formation of the system of federal state higher education management bodies are proposed now.
Ключевые слова / Keywords:
higher education, evolution of public administration, higher education management bodies, Ministry of Science and Higher Education.
TARASOV S.A. Tarasov S.A. – PhD in history
Personal file as the basis of personal accounting of the commanding staff of the Red Army during the Great Patriotic War (1941-1945)
Страницы / Pages: 84-93
Аннотация / Annotation:
The article deals with the organization of personal accounting of the commanding staff of the Red Army on the eve and during the Great Patriotic War (1941–1945). Close attention is paid to such an important element as a personal file, which formed the basis of this process. Its structure, the order of filling, as well as the place and role in the research of the command staff are considered in detail.
Ключевые слова / Keywords:
the USSR People’s Commissariat of Defense, Red Army, command and commanding staff, personnel bodies, personal file, personal accounting.
SCIENTIFIC DEBUTАннотация / Annotation:
The article deals with the organization of personal accounting of the commanding staff of the Red Army on the eve and during the Great Patriotic War (1941–1945). Close attention is paid to such an important element as a personal file, which formed the basis of this process. Its structure, the order of filling, as well as the place and role in the research of the command staff are considered in detail.
Ключевые слова / Keywords:
the USSR People’s Commissariat of Defense, Red Army, command and commanding staff, personnel bodies, personal file, personal accounting.
ZARETSKAYA E.A. Zaretskaya E.A. – PhD student
Grounds for criminal liability of persons with mental anomalies and disorders not excluding sanity
Страницы / Pages: 94-104
Аннотация / Annotation:
The problems concerning the criminal law significance of recognizing a person as partially sane are considered. The content of the criteria of limited sanity is analyzed, an attempt is made to give an expanded interpretation of the legal criterion of limited sanity. The authors of this study proposed a classification of positions (attitudes) of judges regarding the consideration of mental anomalies in sentencing.
Ключевые слова / Keywords:
limited sanity, mental anomalies, insanity criteria, punishment, compulsory medical measures.
Аннотация / Annotation:
The problems concerning the criminal law significance of recognizing a person as partially sane are considered. The content of the criteria of limited sanity is analyzed, an attempt is made to give an expanded interpretation of the legal criterion of limited sanity. The authors of this study proposed a classification of positions (attitudes) of judges regarding the consideration of mental anomalies in sentencing.
Ключевые слова / Keywords:
limited sanity, mental anomalies, insanity criteria, punishment, compulsory medical measures.
LOPUKHOVA E.V. Lopukhova E.V. – postgraduate student
Inheritance law of the pre-revolutionary era in Russia
Страницы / Pages: 105-110
Аннотация / Annotation:
This article is devoted to the history of the development of inheritance law in the pre-revolutionary period in Russia. The identification of the causes and changes that occurred in the development of inheritance law of the past and laid the foundation for the future will allow us to identify the necessary changes and will have a useful impact on the dynamically developing legal relations in the present. The author refers to the Code of Laws of the Russian Empire and the draft Civil Code of 1906.
Ключевые слова / Keywords:
inheritance, heirs, will, unworthy heir, property, legal capacity, kinship.
Аннотация / Annotation:
This article is devoted to the history of the development of inheritance law in the pre-revolutionary period in Russia. The identification of the causes and changes that occurred in the development of inheritance law of the past and laid the foundation for the future will allow us to identify the necessary changes and will have a useful impact on the dynamically developing legal relations in the present. The author refers to the Code of Laws of the Russian Empire and the draft Civil Code of 1906.
Ключевые слова / Keywords:
inheritance, heirs, will, unworthy heir, property, legal capacity, kinship.
PANKOV R.N. Pankov R.N. – Postgraduate Student
The contribution of the Ulyanovsk regional organization DOSAAF to the military-patriotic education of youth in the 1980s-1990s.
Страницы / Pages: 111-118
Аннотация / Annotation:
The article analyzes the main areas of work on the military-patriotic education of youth by the Ulyanovsk regional organization DOSAAF. Its role in the 1980s is shown, the difficulties that the organization faced in the 1990s are noted. in the Ulyanovsk region. The study is based on documents from the State Archive of the Ulyanovsk Region and the private archive of the regional branch of the DOSAAF of Russia of the Ulyanovsk region.
Ключевые слова / Keywords:
military-patriotic education, DOSAAF, ROSTO, civil defense, army, navy, Ulyanovsk region.
Аннотация / Annotation:
The article analyzes the main areas of work on the military-patriotic education of youth by the Ulyanovsk regional organization DOSAAF. Its role in the 1980s is shown, the difficulties that the organization faced in the 1990s are noted. in the Ulyanovsk region. The study is based on documents from the State Archive of the Ulyanovsk Region and the private archive of the regional branch of the DOSAAF of Russia of the Ulyanovsk region.
Ключевые слова / Keywords:
military-patriotic education, DOSAAF, ROSTO, civil defense, army, navy, Ulyanovsk region.