RUS | ENG

Право и образование

№ 12 • 2018

THEORY QUESTIONS

PONKIN I.V.
Ponkin I.V. – doctor of science (Law), professor 

GABNIYA V.V.
Gabniya V.V. – graduate student 


On the concept of defective public administration «bad governance»


Страницы / Pages: 4-12

Аннотация / Annotation:
This article explores one of the scientific approaches to understanding, describing and explaining of the defective public administration. The authors describe the concept of «bad governance». The article shows the signs of bad governance and the consequences of bad governance, the causes and factors that influence the formation of bad governance.


Ключевые слова / Keywords:
public administration, theory of deviations in public administration, concept of «bad governance», administrative law.

KIRILLOVA T.V.
Kirillova T.V. – Doctor of Pedagogical Sciences, Professor

DVORETSKY D.A. 

Dvoretsky D.A. 
 –

The main tendencies and patterns of the formation of personal readiness to ensure information security in practical activities


Страницы / Pages: 13-21

Аннотация / Annotation:
The article is devoted to the psychological and pedagogical aspects of development of the process of formation of personal competence in matters of object-safe use of information and information systems. The essence and specificity of the phenomenon is considered. The composition, parameters and indicators of the phenomenon, their conditionality are analyzed. The process is analyzed within the educational environment of an educational organization of higher education. The ability to ensure information security is considered a general cultural competence.


Ключевые слова / Keywords:
information security, information risk, readiness for action, professional readiness, motivation, directivity of personality, abilities.

KOMYAGINA Y.S.
Komyagina Y.S. – PhD in Law


The concept of «disclosure of the crime»


Страницы / Pages: 22-27

Аннотация / Annotation:
The article on the basis of the analysis of the legislation and the opinions of scientists substantiates the need to classify the disclosure of the crime to the tasks of criminal proceedings, formulated the definition of the concept under study, the main directions of detection and the conviction of the offender.


Ключевые слова / Keywords:
objectives of the criminal process, the tasks of the criminal process, the disclosure of the crime.

IVINSKAJA M.S.
Ivinskaja M.S. – сandidate of pedagogic sciences


The pedagogical potential of electronic resources and e-learning environment at the university


Страницы / Pages: 28-38

Аннотация / Annotation:
The article represents a general model of pedagogical control of learning activities of students in e-learning environment. A control algorithm that includes a tracking system and correction of educational and cognitive activity of students is developed.


Ключевые слова / Keywords:
potential, pedagogical potential, electronic resources, electronic educational environment, model, control algorithm.

EDUCATIONAL LAW

BARABANOVA S.V.
Barabanova S.V. – Doctor of Law, Assistant Professor

MISHALIN A.B.

Mishalin A.B.
 –

On the interdisciplinary approach to the legal regulation of the Labour of teachers 


Страницы / Pages: 39-45

Аннотация / Annotation:
The article reviews the legal regulation aspects for the labour of the academics. The new education act and other new administrative and labour laws have significantly changed the status of the educational organisations and academics. The authors of the article argue that the interdisciplinary approach is needed for the research of the social relations in education and for its law and local regulation, as it’s impossible to consider all the aspects of the regulated relations within one branch of law.


Ключевые слова / Keywords:
labour schedule, local regulations, interdisciplinary approach, collective subject of Administrative Law, an educational organization, Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation”, educational legal relations

BERDYSHEVA S.N. 

Berdysheva S.N. 
 –
KUZNETSOV A.V.
Kuznetsov A.V. – Ph.D., Associate Professor 


Legal regulation of the educational policy of the Russian Federation at the present stage


Страницы / Pages: 46-54

Аннотация / Annotation:
To date, there is no legal definition of the concept of “educational policy”, is not defined and a single approach to understand its essence. The concept of educational policy in scientific works is interpreted in different ways, therefore the study of the essence of this concept does not lose relevance. The essence of educational policy, its principles is considered in the article. The authors developed a definition of the concept of educational policy.


Ключевые слова / Keywords:
educational policy, education, principles of educational policy.

MODERN EDUCATION

ASTANINA S.Y.
Astanina S.Y. – Candidate of Pedagogical Sciences 


Fundamental training of doctors in the system of requirements of professional and educational standards


Страницы / Pages: 55-62

Аннотация / Annotation:
The article deals with the results of the study of the problem – the determination of the theoretical foundations of modern fundamental training of doctors in accordance with the requirements of educational and professional standards. The regularity is revealed – the dependence of the content of fundamental training of doctors on professional tasks, serving as a theoretical basis for the development of pedagogical ideas, principles aimed at improving the educational process of training doctors in medical and biological disciplines.


Ключевые слова / Keywords:
fundamental training of doctors, labor functions, professional tasks, educational and professional tasks, competence of specialists.

SUKHANOVA S.G.
Sukhanova S.G. – Ph.D. in Pedagogical, assistant of Professor 

SUKHANOV D.V.

Sukhanov D.V.
 –

Sports students individual educational route in practice


Страницы / Pages: 63-70

Аннотация / Annotation:
The article presents the experience of implementing an individual educational route for a student under the supplementary education program in a sports section. The analysis of the concept is given, its features, structure, design stages are given.


Ключевые слова / Keywords:
additional education, individual educational route, sports section, wrestling

BYKOVA S.S.
Bykova S.S. – кандидат педагогических наук


Deontological principles to the process of preparing the future teacher, taking into account the requirements of the ethical code of the pedagogical worker


Страницы / Pages: 71-80

Аннотация / Annotation:
The article analyzes the implementation of the ethical code of the teacher in the performance of professional duties. In the process of preparing the future teacher it is necessary to be guided by this document, stated in it by the principles of professional ethics and the rules of behavior of the teacher. The article examines the deontological principles for the process of preparing the future teacher in the context of implementing the ethical code. These principles are designed to fulfill the regulatory and regulatory function regarding the organization of the educational process in the university.


Ключевые слова / Keywords:
deontological principles, ethical code of a teacher, educational process, future teacher.

SAVOTCHENKO S.E.
Savotchenko S.E. – Doctor of physics and mathematics science, Assistant professor 

AKAP’EV V.L.
Akap’ev V.L. – Candidate of Pedagogical Sciences


Analysis of the presentation of library and information activities of Ministry of Internal Affairs of Russia educational organizations on the Internet


Страницы / Pages: 81-91

Аннотация / Annotation:
The results of the presentation of the library and information activities of educational organizations of the Ministry of Internal Affairs of Russia on the pages of libraries on their websites were analyzed for informational content for the first time.  The development of separate library sites representing integrated library and information systems are being activated. The main shortcomings of the presentation of the library and information activities of educational organizations of the Ministry of Internal Affairs of Russia on the Internet are revealed.


Ключевые слова / Keywords:
  Library, Website, Internet-representation of library, Library and information activities, Educational organizations.

WE DISCUSS THE PROBLEM

BABURIN S.N.
Baburin S.N. – doctor of law, Professor


The consolidation of modern Russian society and Eurasian integration in political, socio-economic, legal and cultural risks


Страницы / Pages: 92-102

Аннотация / Annotation:
This article discusses the current approaches to the search for forms of consolidation of the modern Russian society in the transition to sustainable development. Understand the political, socio-economic, legal and civilized Russia risks negative consequences of risks, especially in the spiritual and moral sphere, law and legislation. The rationale for the conclusion that the minimization of negative consequences of risks is possible through the participation of entities of Eurasian integration and all the Slavic world in the creation of the Union State as State form of Russian (Slavic) civilization.


Ключевые слова / Keywords:
consolidation of society, social risk, sustainable development, the Eurasian integration, Federal State, sovereignty.

SHAMBA T.M.
Shamba T.M. – doctor of Juridical Sciences , Professor

STANKEVICH  Z.A.
Stankevich  Z.A. – doctor of Juridical Sciences


PARTICIPATION IN THE FIGHT AGAINST RUSSOPHOBIA IS AN ACTUAL TASK OF RUSSIAN ADVOCACY


Страницы / Pages: 103-110

Аннотация / Annotation:
The article is devoted to a new and very urgent task of combating the growing wave of russophobia, which, according to the authors, in addition to state bodies and public organizations, should include advocacy as a community of professional human rights defenders. It analyzes the historical roots of russophobia, the factors contributing to the spread of this dangerous socio-political “disease” in modern Russia, and proposes a number of legal and organizational measures that should help to improve the situation. It  emphasized that the task of combating russophobia can not be solved without appropriate adjustment of the legal framework, improvement of specific forms and methods of work of the legal profession, in close cooperation with the emerging civil society.


Ключевые слова / Keywords:
lawyer, advocacy, russophobia, state, civil society, democracy, legality, human rights defenders, justice, Russia, Europe.

ZOUBETS A.N.
Zoubets A.N. – doctor of economic Sciences, associate Professor

NOVIKOV A.V.
Novikov A.V. – doctor of sociological Sciences, Professor


On The Possible Theoretical And Methodological Approaches To The Study Of The “Cost” Of Life In Modern Russia


Страницы / Pages: 111-122

Аннотация / Annotation:
The data presented by the authors show that a fair assessment of the cost of human life can serve as an effective tool to improve the quality of life of people, which meets the requirements of the national security Strategy of the Russian Federation, approved by decree of the President of the Russian Federation dated December 31, 2015 № 683.


Ключевые слова / Keywords:
quality of life, life expectancy at birth, the cost of human life, the cost of the average human life, emergency situations, damage in emergency situations of different nature, human capital, the risk of death, products of insurance companies.

PAVLOVA S.A.
Pavlova S.A. – doctor of biology

PAVLOV I.E.
Pavlov I.E. – aspirant 

POLYAKOV A.S.

Polyakov A.S.
 –
POLES I.A.

Poles I.A.
 –

The right of resource use in the system «nature-population-economy»


Страницы / Pages: 123-132

Аннотация / Annotation:
The creation and development on the basis of recreational resources of natural and recreational areas is an important direction of management activities aimed at the organization of recreation, tourism, treatment and rehabilitation of people. Ratification of international rules in the field of regulation of resource use leads to the fact that the system “nature-population-economy” becomes international.


Ключевые слова / Keywords:
natural resources, management, rule resource use, population, economy.

MAKHIBORODA M.N.
Makhiboroda M.N. – PhD in law


To the question about the new rules of transportation of baggage and hand luggage transportation of civil aviation in the Russian Federation


Страницы / Pages: 133-136

Аннотация / Annotation:
The author analyzes the changes concerning the General rules of air transportation of passengers, baggage, cargo and requirements for passenger service, shippers, consignees.


Ключевые слова / Keywords:
air carrier, baggage, hand Luggage, transportation rules for civil aviation.

MIRONENKO S.YU.
Mironenko S.Yu. – candidate of legal sciences


Appointment and composition of criminalistic characteristics of murders


Страницы / Pages: 137-144

Аннотация / Annotation:
Among the crimes against human life and health, the most dangerous are intentional murders. Disclosure and investigation of this category of crimes are associated with a large amount of work and solving complex problems. The article examines the effectiveness of the investigation of murders, the introduction of scientific and methodological recommendations developed by criminology in the activities of investigative bodies. The necessity of improving the system of tactical methods and operations is substantiated.


Ключевые слова / Keywords:
intentional murders, forensic characteristics, tactical operations and combinations.

PAGES OF HISTORY

SHAIPAK L.A.
Shaipak L.A. – doctor of historical Sciences, associate Professor

KRASNOVA R.R.

Krasnova R.R.
 –
FEDOROVA E.S.

Fedorova E.S.
 –

The education system of the Ulyanovsk region in the years of the great Patriotic war (1941 – 1945): problems and ways of their solution


Страницы / Pages: 145-150

Аннотация / Annotation:
The authors analyze the problems that arose in the educational system of the Ulyanovsk region during the great Patriotic war. Objective circumstances of wartime could not but affect the level and quality of teaching in schools of the region. Local authorities were actively involved in resolving the problems.


Ключевые слова / Keywords:
USSR, school, war, Ulyanovsk region, student, teacher, educational system, district Department of education.

KOCHADZE D.V.
Kochadze D.V. – candidate of historical Sciences


Management of troops on the eve and during the great Patriotic war of 1941-1945 


Страницы / Pages: 151-158

Аннотация / Annotation:
The article discusses the state and main trends in the development of the theory and practice of command and control of troops on the eve and during the great Patriotic war of 1941-1945, the account of which can contribute to its improvement. 


Ключевые слова / Keywords:
command and control, rate VGK, front, operation, command and control, communications, war.

KOLEGOV A.L.
Kolegov A.L. – candidate of legal Sciences, b/h.


Content analysis of legal and regulatory acts regulating physical training of employees of internal Affairs bodies in the Ministry of internal Affairs of the Russian Federation in the period from 1900-2018.


Страницы / Pages: 159-168

Аннотация / Annotation:
The article considers the development of physical and combat training in the police and police. Attention is drawn to the positive and negative aspects existing in the current manual on the organization of physical training in Department of internal Affairs of the Russian Federation, the approved order of the Ministry of internal Affairs of Russia from 01.07.2017, No. 450. The need to improve the process of preparation of legal acts and the prospect of development of the system of physical training of employees.


Ключевые слова / Keywords:
normative legal acts, physical training, fighting methods of struggle, employees of the ATS.

RUDNEVA N.V.

Rudneva N.V.
 –

Influence of the development of legal education and science in Russia on the legal culture of the company in the second half of the XIX – beginning of the XXth century (theoretical aspect)


Страницы / Pages: 169-175

Аннотация / Annotation:
The article deals with the specifics of the development of Russian legal education and science in the second half of the XIX – the beginning of the XX centuries. The research of scientists is analyzed, the peculiarities of influence on the legal culture of the society are revealed.


Ключевые слова / Keywords:
legal culture, science, education, jurisprudence, society.

EVSEEV E.А.

Evseev E.А.
 –

Policy of the leadership of the Kemerovo region on issues of attracting the citizens of the region to public protection (the end of the 1950s–1960s)


Страницы / Pages: 176-181

Аннотация / Annotation:
The article analyzes the activities of the leadership of the Kemerovo Region on the issues of involving citizens of the region in the protection of public order in the late 1950s-1960s. The author of the article came to the conclusion that on the basis of the efforts of the party apparatus of the region, against the background of the everywhere growing level of crime, effective mechanisms were established in the region to attract the public to work with violators of law and order.


Ключевые слова / Keywords:
public formations, voluntary people’s squads, Kemerovo region, public order, party leadership.

SCIENTIFIC DEBUT

FEDYUSHKIN E.S.

Fedyushkin E.S.
 –

Theory and practice of bringing to various forms of responsibility in the illegal circulation of agricultural land


Страницы / Pages: 182-192

Аннотация / Annotation:
In the article deals with the concept of legal responsibility the procedure of bringing to different types of legal responsibility, in case of committing various land offenses, and in the detection of cases of illegal turnover of agricultural land plots is revealed. The problematic issues related to the application of the legislation are considered, and proposals for amendments to the current legislation are made.


Ключевые слова / Keywords:
legal responsibility, comparison, statistics, judicial practice.

SEMENOVA E.M.

Semenova E.M.
 –

University as a system attractor of science and innovation


Страницы / Pages: 193-198

Аннотация / Annotation:
The article is devoted to the study of the question of how to turn universities into centers and platforms for the development of scientific and innovative activity. The author refers to the concept of «innovation». The article explores the place and role of the modern university in the field of innovation development.


Ключевые слова / Keywords:
education, management of education, science, scientific and innovative activity, university, attractor of science.

CHEKUEV T.A.

Chekuev T.A.
 –

On the concept and nature of arbitration (arbitration) proceedings


Страницы / Pages: 199-204

Аннотация / Annotation:
The article is devoted to the study of the term and nature of arbitration legal proceedings. The article proposed the author’s definition of the concept of arbitration legal proceedings, as well as the author’s concept of describing and explaining the nature of arbitration legal proceedings.


Ключевые слова / Keywords:
court, arbitration legal proceedings, nature of arbitration legal proceedings, arbitration process, alternative dispute resolution of commercial disputes.

BOYKO K.S.
Boyko K.S. – Ph.D. candidate


Recognition and enforcement of foreign court decisions in Russia: realities and perspectives


Страницы / Pages: 205-213

Аннотация / Annotation:
This article is devoted to key aspects of legal institute of recognition and enforcement of foreign court decisions in Russian Federation. It analyzes the problems associated with the imperfection of the current legislation which makes it possible to recognize and enforce foreign judicial decisions depending on the existence of an international treaty.


Ключевые слова / Keywords:
recognition and enforcement of foreign judgments, international treaty, principle of reciprocity, principle of international comity, judicial practice.