Право и образование
№ 11 • 2019
MODERN EDUCATION
IVANOVA O.A. Ivanova O.A. – PhD in Jurisprudence, associate professor
BARABANOVA S.V. Barabanova S.V. – Doctor of Law Science, associate professor
Conflict of interests and settlement of disputes in the educational relations:
problems of the theory and practice
Страницы / Pages: 4-10
Аннотация / Annotation:
The relevance of the research topic is due to the widespread dissemination of the identification and application of the consequences of the conflict of interest in the areas of corporate, private law or private-public relations. Due to the lack of the necessary volume of state regulation of the conflict of interests in educational relations, the local practice of its regulation is contradictory, which diverges from the constitutional principles of a single legal space and the equality of citizens’ rights and freedoms. The authors made a proposal to narrow the scope of conflict of interest in higher education exclusively to the extent of public relations.
Ключевые слова / Keywords:
conflict of interests in higher education establishment, anti-corruption in the higher school, settlement of disputes commission, educational relations.
Аннотация / Annotation:
The relevance of the research topic is due to the widespread dissemination of the identification and application of the consequences of the conflict of interest in the areas of corporate, private law or private-public relations. Due to the lack of the necessary volume of state regulation of the conflict of interests in educational relations, the local practice of its regulation is contradictory, which diverges from the constitutional principles of a single legal space and the equality of citizens’ rights and freedoms. The authors made a proposal to narrow the scope of conflict of interest in higher education exclusively to the extent of public relations.
Ключевые слова / Keywords:
conflict of interests in higher education establishment, anti-corruption in the higher school, settlement of disputes commission, educational relations.
KUROV S.V. Kurov S.V. – PhD in Law, Associate Professor
Contract of paid education as a mean of educational security
Страницы / Pages: 11-23
Аннотация / Annotation:
Сontract of paid education may be considered as a mean of educational security. But the demand of free contract is in opportunity with security. In the article is proved that only the limitation of сontract conditions and checking are the really ground of educational security.
Ключевые слова / Keywords:
сontract of paid education, educational security, means of educational security.
Аннотация / Annotation:
Сontract of paid education may be considered as a mean of educational security. But the demand of free contract is in opportunity with security. In the article is proved that only the limitation of сontract conditions and checking are the really ground of educational security.
Ключевые слова / Keywords:
сontract of paid education, educational security, means of educational security.
RODIONOVA O.V. Rodionova O.V. – PhD (Law)
SIGALOV K.E. Sigalov K.E. – PhD (Law)
Multicultural educational program as a significant determinant of the welfare state
Страницы / Pages: 24-37
Аннотация / Annotation:
The article deals with the problems of the modern social state forming its educational concepts in the legal and political field on the example of Finland. Small in population and mono-ethnic in form, Finland offers very effective multicultural programs aimed at educating the best qualities of citizens: decency, a sense of justice, respectful and impartial attitude to any ethno-cultural differences.
Ключевые слова / Keywords:
social state, interests, citizenship, multiculturalism, ethical position, students right, national interests, civil society.
Аннотация / Annotation:
The article deals with the problems of the modern social state forming its educational concepts in the legal and political field on the example of Finland. Small in population and mono-ethnic in form, Finland offers very effective multicultural programs aimed at educating the best qualities of citizens: decency, a sense of justice, respectful and impartial attitude to any ethno-cultural differences.
Ключевые слова / Keywords:
social state, interests, citizenship, multiculturalism, ethical position, students right, national interests, civil society.
KLOCHKOVA A.V. Klochkova A.V. – PhD in Sociology
Rating of teachers as one of the criteria for assessing the quality of education
Страницы / Pages: 38-45
Аннотация / Annotation:
The article deals with the role of teacher’s rating as one of the areas of targeted activities to improve the quality and efficiency of the educational process at the University on the example of longitude studies of the faculty of law of Lomonosov Moscow state University. The study of the dynamic model’s changes of the students perception of the educational process on the basis of the developed criteria, reflecting the basic requirements for teaching activity, allows to develop a strategy and tactics for the educational improvement.
Ключевые слова / Keywords:
educational quality, teacher’s rating, quality of training, relations between the educational process participants, university reputational rating.
Аннотация / Annotation:
The article deals with the role of teacher’s rating as one of the areas of targeted activities to improve the quality and efficiency of the educational process at the University on the example of longitude studies of the faculty of law of Lomonosov Moscow state University. The study of the dynamic model’s changes of the students perception of the educational process on the basis of the developed criteria, reflecting the basic requirements for teaching activity, allows to develop a strategy and tactics for the educational improvement.
Ключевые слова / Keywords:
educational quality, teacher’s rating, quality of training, relations between the educational process participants, university reputational rating.
ZINKOVSKY M.A. Zinkovsky M.A. – candidate of Law Sciences
Educational services of universities and digitalization
Страницы / Pages: 46-51
Аннотация / Annotation:
The article is devoted to digitalization, as a sign of educational services of universities, in the conditions of overcoming sanctions of foreign countries. The admissibility and expediency of digitalization of educational services of universities is the principles of effective application of digital technologies to educational services based primarily on the preservation of the existing academic and pedagogical experience of higher schools in modern Russia.
Ключевые слова / Keywords:
digitalization, higher education, educational services, quality of educational services, sanctions of foreign countries.
Аннотация / Annotation:
The article is devoted to digitalization, as a sign of educational services of universities, in the conditions of overcoming sanctions of foreign countries. The admissibility and expediency of digitalization of educational services of universities is the principles of effective application of digital technologies to educational services based primarily on the preservation of the existing academic and pedagogical experience of higher schools in modern Russia.
Ключевые слова / Keywords:
digitalization, higher education, educational services, quality of educational services, sanctions of foreign countries.
KURENKOVA O.E. Kurenkova O.E. – PhD. in Pedagogics, Associate Professor
Theoretical and methodological basis of professional education of social workers correctional facility
Страницы / Pages: 52-60
Аннотация / Annotation:
The article deals with the theoretical basis of the formation of the system of continuous professional education of correctional officers engaged in social work with convicts. Specific forms and conditions of pedagogical influence on professional competence of social workers correctional facility – beginners and skilled are defined, examples of high school practice are given.
Ключевые слова / Keywords:
social work in prison, professional education, competence approach, practical training.
HOT TOPICАннотация / Annotation:
The article deals with the theoretical basis of the formation of the system of continuous professional education of correctional officers engaged in social work with convicts. Specific forms and conditions of pedagogical influence on professional competence of social workers correctional facility – beginners and skilled are defined, examples of high school practice are given.
Ключевые слова / Keywords:
social work in prison, professional education, competence approach, practical training.
GLOTOV S.A. Glotov S.A. – doctor of law, Professor
SINYUKOV A.V. Sinyukov A.V. – candidate of legal Sciences
The standard which should be added to the Constitution.
The orders of voters can and should be constituted in modern Russia
Страницы / Pages: 61-70
Аннотация / Annotation:
The article deals with the proposal to Supplement the Constitution of the Russian Federation (articles 97, 101, 102, 103) with provisions on the orders of voters as an important form of implementation of the democratic foundations of society and the state. The authors are based on the Soviet experience of the deputies ‘orders, as well as the experience of the legislative bodies of the Russian Federation in the Constitution of the voters’ orders at the regional level.
Ключевые слова / Keywords:
MPs; orders of voters; the essential features of orders; Deputy imperative mandate, the Deputy free mandate; the Soviet experience of voters orders; the practice of Russian regions by the voters orders.
Аннотация / Annotation:
The article deals with the proposal to Supplement the Constitution of the Russian Federation (articles 97, 101, 102, 103) with provisions on the orders of voters as an important form of implementation of the democratic foundations of society and the state. The authors are based on the Soviet experience of the deputies ‘orders, as well as the experience of the legislative bodies of the Russian Federation in the Constitution of the voters’ orders at the regional level.
Ключевые слова / Keywords:
MPs; orders of voters; the essential features of orders; Deputy imperative mandate, the Deputy free mandate; the Soviet experience of voters orders; the practice of Russian regions by the voters orders.
SAHIBGORYAEV V.KH. Sahibgoryaev V.Kh. – doctor of philosophy
CHAYKA A.V. Chayka A.V. – the candidate of philosophy sciences
Some problems of understanding the phenomenon of terrorism:
on the issue of prevention
Страницы / Pages: 71-78
Аннотация / Annotation:
Terrorism, of course, is one of the priority threats to modern society. The article explores the problem of the prevention of terrorism through the paradigm of consistency of views in the fight against terrorism. The moral assessment of terrorist activity through the «philosophy of the bomb», its breakdown into «bad» and «good» terror is presented. The new scientific idea of solving the problem of globalization of terrorism as a form of its prevention is substantiated and proposed.
Ключевые слова / Keywords:
terrorism, prevention, “bomb philosophy”, coordinated approach, globalization, quasi-state, ideologemes.
Аннотация / Annotation:
Terrorism, of course, is one of the priority threats to modern society. The article explores the problem of the prevention of terrorism through the paradigm of consistency of views in the fight against terrorism. The moral assessment of terrorist activity through the «philosophy of the bomb», its breakdown into «bad» and «good» terror is presented. The new scientific idea of solving the problem of globalization of terrorism as a form of its prevention is substantiated and proposed.
Ключевые слова / Keywords:
terrorism, prevention, “bomb philosophy”, coordinated approach, globalization, quasi-state, ideologemes.
PRUDNIKOVA A.E. Prudnikova A.E. – candidate of law, associate professor
IRHINA А.A. Irhina А.A. – master’s student
The criteria for classifying businesses for the small business
Страницы / Pages: 79-86
Аннотация / Annotation:
The article discusses selected issues of concern regarding the criteria for classifying business entities as small businesses. The legislator made some changes to the concept of “small business”. Such concepts as “medium enterprise” and “microenterprise”, which are tightly intertwined, have been introduced into circulation. This requires a comparison of these concepts and criteria for classifying enterprises as medium-sized businesses, including.
Ключевые слова / Keywords:
small businesses, individual entrepreneur, small business, medium enterprise, microenterprise.
Аннотация / Annotation:
The article discusses selected issues of concern regarding the criteria for classifying business entities as small businesses. The legislator made some changes to the concept of “small business”. Such concepts as “medium enterprise” and “microenterprise”, which are tightly intertwined, have been introduced into circulation. This requires a comparison of these concepts and criteria for classifying enterprises as medium-sized businesses, including.
Ключевые слова / Keywords:
small businesses, individual entrepreneur, small business, medium enterprise, microenterprise.
KOCHANZHI I.D. Kochanzhi I.D. – Candidate of Historical Sciences
Some issues of development of the institution of prescription in Russian civil law
Страницы / Pages: 87-93
Аннотация / Annotation:
The scientific article reveals some aspects of the formation of the norms of the institution of prescription. The author emphasizes its social and legal importance among other institutions of civil law.
Ключевые слова / Keywords:
property, owner, prescription, ownership, good faith, openness, continuity.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The scientific article reveals some aspects of the formation of the norms of the institution of prescription. The author emphasizes its social and legal importance among other institutions of civil law.
Ключевые слова / Keywords:
property, owner, prescription, ownership, good faith, openness, continuity.
ZHAGLINA M.YE. Zhaglina M.Ye. – Candidate of Law, Associate Professor
Agency agreement: the issues of qualification
Страницы / Pages: 94-101
Аннотация / Annotation:
This article is devoted to the differentiation of Agency and related legal relations. On the basis of the analysis of views of Russian scientists and materials of judicial practice the criteria allowing to qualify the relations of the parties as Agency are allocated. The possibility of applying the design of the Agency agreement to the regulation of a variety of intermediary relations, not mentioned in civil law.
Ключевые слова / Keywords:
mediation, Agency agreement, distribution agreement, the subject of the Agency agreement, legal actions, actual actions, qualification of the Agency agreement.
Аннотация / Annotation:
This article is devoted to the differentiation of Agency and related legal relations. On the basis of the analysis of views of Russian scientists and materials of judicial practice the criteria allowing to qualify the relations of the parties as Agency are allocated. The possibility of applying the design of the Agency agreement to the regulation of a variety of intermediary relations, not mentioned in civil law.
Ключевые слова / Keywords:
mediation, Agency agreement, distribution agreement, the subject of the Agency agreement, legal actions, actual actions, qualification of the Agency agreement.
KONOVALCHUK M.V. Konovalchuk M.V. – candidate of jurisprudence
Unitary enterprise penal system: legal regulations and contractual work
Страницы / Pages: 102-108
Аннотация / Annotation:
The article provides a retrospective analysis of the activities of unitary enterprises operating as part of the penitentiary system of the Federal Penitentiary Service of Russia; a brief description of each of the indicated periods is formulated, as well as features of the contractual work of unitary enterprises with counterparties at the present stage, their effectiveness is assessed in the context of the implementation of the tasks set by the criminal-executive legislation.
Ключевые слова / Keywords:
criminal executive system, unitary enterprises, contractual work, procurement.
Аннотация / Annotation:
The article provides a retrospective analysis of the activities of unitary enterprises operating as part of the penitentiary system of the Federal Penitentiary Service of Russia; a brief description of each of the indicated periods is formulated, as well as features of the contractual work of unitary enterprises with counterparties at the present stage, their effectiveness is assessed in the context of the implementation of the tasks set by the criminal-executive legislation.
Ключевые слова / Keywords:
criminal executive system, unitary enterprises, contractual work, procurement.
KLEVTSOV S.V. Klevtsov S.V. – PhD in law
Issues of law enforcement in the context of combating murder at the present stage
Страницы / Pages: 109-115
Аннотация / Annotation:
The article deals with the problems of law enforcement in the context of combating murder at the present stage through the prism of the legal consciousness of society. The author gives the legal characteristic of the specified crimes, congruent circumstances which have to be considered by lawyers at further research of this problem are designated.
Ключевые слова / Keywords:
security, law and order, justice, fighting, killing, threat, society, and legal characteristics.
Аннотация / Annotation:
The article deals with the problems of law enforcement in the context of combating murder at the present stage through the prism of the legal consciousness of society. The author gives the legal characteristic of the specified crimes, congruent circumstances which have to be considered by lawyers at further research of this problem are designated.
Ключевые слова / Keywords:
security, law and order, justice, fighting, killing, threat, society, and legal characteristics.
TURGANBAYEV A.O.
Turganbayev A.O.
–
Administrative-legal nature of the strategic planning document in public administration
Страницы / Pages: 116-123
Аннотация / Annotation:
The article is devoted to the study of nature and the concept of strategic planning in the framework of public administration and public policy. The article examines the administrative-legal nature of the strategic planning document in public administration. The author presents a taxonomic description of the varieties of strategies in public administration.
Ключевые слова / Keywords:
strategic planning, public administration, government policies, state building, administrative law.
PAGES OF HISTORYАннотация / Annotation:
The article is devoted to the study of nature and the concept of strategic planning in the framework of public administration and public policy. The article examines the administrative-legal nature of the strategic planning document in public administration. The author presents a taxonomic description of the varieties of strategies in public administration.
Ключевые слова / Keywords:
strategic planning, public administration, government policies, state building, administrative law.
VOLKOV A.P. Volkov A.P. – doctor of historical sciences, professor
Osoaviahima’s activities to strengthen defense of the country
in the preliminary period (1927–1941)
Страницы / Pages: 124-134
Аннотация / Annotation:
Ключевые слова / Keywords:
Osoaviahim, military training, week of defense, shooting, aviation work, airchemical defense, Ready for labor and defense, Voroshilov shooter, flying clubs, parachuting.
Аннотация / Annotation:
Ключевые слова / Keywords:
Osoaviahim, military training, week of defense, shooting, aviation work, airchemical defense, Ready for labor and defense, Voroshilov shooter, flying clubs, parachuting.
BODROVA E.V. Bodrova E.V. – doctor of historical Sciences, professor
KALINOV V.V. Kalinov V.V. – doctor of historical Sciences, associate professor
KRASIVSKAYA V.N.
Krasivskaya V.N.
–
“Radical restructuring” of the branch science of the oil industry
in the conditions of forced industrialization
Страницы / Pages: 135-148
Аннотация / Annotation:
The article based on previously unpublished archival documents devoted to the problem of reorganizing a network industry petroleum research institutions and a radical restructuring of research activities with the aim of ensuring the implementation of the policy of accelerated industrialization, the creation of own scientific base, achieve breakthroughs in oil and gas industry.
Ключевые слова / Keywords:
oil, industry science, industrialization.
Аннотация / Annotation:
The article based on previously unpublished archival documents devoted to the problem of reorganizing a network industry petroleum research institutions and a radical restructuring of research activities with the aim of ensuring the implementation of the policy of accelerated industrialization, the creation of own scientific base, achieve breakthroughs in oil and gas industry.
Ключевые слова / Keywords:
oil, industry science, industrialization.
YUDAHIN Y.A. Yudahin Y.A. – doctor of historical sciences
Main directions of aircraft work in the activities of Osoaviahim in the 1930s years
Страницы / Pages: 149-157
Аннотация / Annotation:
The article discusses such areas of aviation activity of Osoaviahim as the development of modelism, the deployment of gliding, the creation of light-weight aviation, and the training of personnel of various aviation specialists. It is emphasized that from 1932, the Company switched from practical propaganda work, raising funds for the construction of aircraft to practical defense work. In the field of aerial work, new areas of activity such as the development of parachuting and the transition to an aero-club training system for aviation specialists have appeared.
Ключевые слова / Keywords:
Osoaviahim, plenum of the Central Council of Osoaviahim, aviation, aerial work, modeling, gliding, light aircraft, parachuting, flying schools, flying clubs, aviation specialists.
Аннотация / Annotation:
The article discusses such areas of aviation activity of Osoaviahim as the development of modelism, the deployment of gliding, the creation of light-weight aviation, and the training of personnel of various aviation specialists. It is emphasized that from 1932, the Company switched from practical propaganda work, raising funds for the construction of aircraft to practical defense work. In the field of aerial work, new areas of activity such as the development of parachuting and the transition to an aero-club training system for aviation specialists have appeared.
Ключевые слова / Keywords:
Osoaviahim, plenum of the Central Council of Osoaviahim, aviation, aerial work, modeling, gliding, light aircraft, parachuting, flying schools, flying clubs, aviation specialists.
SOKOLSKAYA L.V. Sokolskaya L.V. – candidate of law, associate Professor
The role and significance of legal custom in the Russian legal system
Страницы / Pages: 158-168
Аннотация / Annotation:
The article in the historical context explores the problem of the application of legal customs in the Russian Federation. Based on the analysis and diachronic comparison, an excursion into the history of the emergence and development of legal custom as a source of law in Russia is undertaken and its transformation at the present stage is traced. Based on the study, the author argues that the scope of legal custom at the present stage of development of the Russian legal system is gradually expanding.
Ключевые слова / Keywords:
sources of law, legal custom, custom of business turnover, rules of customary law.
REVIEWSАннотация / Annotation:
The article in the historical context explores the problem of the application of legal customs in the Russian Federation. Based on the analysis and diachronic comparison, an excursion into the history of the emergence and development of legal custom as a source of law in Russia is undertaken and its transformation at the present stage is traced. Based on the study, the author argues that the scope of legal custom at the present stage of development of the Russian legal system is gradually expanding.
Ключевые слова / Keywords:
sources of law, legal custom, custom of business turnover, rules of customary law.
MIKHAILOVA I.A. Mikhailova I.A. – doctor of science (Law), Professor
Legal regulation of relations arising in connection
with the provision of palliative care
Страницы / Pages: 169-172
Аннотация / Annotation:
The material is a review of a scientific monograph by A.A. Ponkina, I.V. Ponkina “Legal Regulation of Palliative Medical Care” (Moscow: GEOTAR-Media Publishing Group, 2019)
Ключевые слова / Keywords:
medical law, civil law, the right to get rid of pain, palliative care, patient rights.
Аннотация / Annotation:
The material is a review of a scientific monograph by A.A. Ponkina, I.V. Ponkina “Legal Regulation of Palliative Medical Care” (Moscow: GEOTAR-Media Publishing Group, 2019)
Ключевые слова / Keywords:
medical law, civil law, the right to get rid of pain, palliative care, patient rights.