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Право и образование

№ 12 • 2019

THEORY QUESTIONS

GARASHKO A.YU.
Garashko A.Yu. – PhD (Law)


Conceptualization of the concept of «form of law» in the context of the postnonclassical scientific paradigm


Страницы / Pages: 4-10

Аннотация / Annotation:
This article is an analytical study of the content of the concept of «form of law» as not received an unambiguous conventional assessment in the theory of state and law, which is due to the complexity of determining the essence of the law, and the pluralism of modern scientific and methodological paradigm. The aim of the work is to conceptualize the concept of «form of law», that is, the theoretical development of its definition, content, meaning, differentiation from related categories. 


Ключевые слова / Keywords:
law, form of law, type of law, branch of law, law, source of law, paradigm, post-non-classical science, legal understanding, social law, legal law, content and essence of law.

KULAKOVA YU.YU.
Kulakova Yu.Yu. – candidate of law, associate professor


The relationship between formal-logical and dialectical methodologies as the efficiency of the cognitive potential of the theory of state and law


Страницы / Pages: 11-16

Аннотация / Annotation:
One way to improve the existing General methodology of the theory of state and law is to perform a compensatory function synthesis of opposing, but that is why mutually enriching and complementary, formal-logical and dialectical methodologies. Analysis of the mechanism of this interaction was the main purpose of this study. The methodological basis of the work was the elements of dialectical and formal-logical methodologies.


Ключевые слова / Keywords:
legal theory, methodology, research method, formal-logical methodology, analysis, synthesis, dialectical methodology, comparison method, synergetic, cybernetics, innovations in law.

VASILENKO A.A.
Vasilenko A.A. – Candidate of Juridical Sciences 


Introduction into the theory of harmonisation of civil and labor contracts


Страницы / Pages: 17-21

Аннотация / Annotation:
The article covers topical issues of the theory of harmonisation in legal regulation of civil and labor contracts as well as the contents of legal doctrines in educational law. Authors’ theoretical views in the area of civil, labour and educational law as well as the theories about law systematization were used in the article. As a result of the research undertaken, independent scientific conclusions were drawn.


Ключевые слова / Keywords:
civil and labour contracts, educational law, sources of legal regulation in contract law.

ZYKOVA S.V.
Zykova S.V. – PhD (Law)


Anglo-saxon or anglo-american legal system: the contextual nature of the terminology comparative law


Страницы / Pages: 22-28

Аннотация / Annotation:
The relevance of the study is caused by the lack of a unified point of view in the conceptual apparatus of comparative law with regard to the name of one of the main legal systems of our time. The purpose of the work is to form a reasonable author’s position on the essential differentiation of the concepts of «Anglo-American legal system» and «Anglo-Saxon legal system», as well as to determine the nature of the contextually of these names of legal entities. 


Ключевые слова / Keywords:
law, legal system, legal system, Anglo-American legal system, Anglo-Saxon legal system, common law system, legal family, comparative law, judicial precedent, source of law.

MODERN EDUCATION

SEMENOVA V.G.
Semenova V.G. – doctor of philosophy, candidate of philological Sciences, associate Professor

FILIPPOVA O.N.
Filippova O.N. – candidate of philological Sciences


The development of a coherent monologue speech of children of senior preschool age through speech manipulation


Страницы / Pages: 29-36

Аннотация / Annotation:
The article raises the question of the development of coherent monologue speech of children of preschool age through speech manipulation. The authors of the article substantiate the opinion that the use of verbal manipulation contributes to the development of the monological form of children’s speech. Speech manipulation is most often represented in various types of competitive tasks, since competition creates favorable psychological conditions for inducing children to speech activity.


Ключевые слова / Keywords:
monologue speech, oral speech, speech of children of senior preschool age, manipulation, speech manipulation, educational process, preschool period.

MOROZOVA N.M.
Morozova N.M. – Doctor of Philosophy 


Features of work with educational and scientific text in groups of foreign students


Страницы / Pages: 37-45

Аннотация / Annotation:
The article is devoted to describing the method of working with the educational and scientific text as an important content unit of learning. The author considers such work as a collective educational activity, in which the cooperation of the teacher and the learner in a joint discussion of issues and problems is carried out. The article reflects the author’s experience of teaching Russian as a foreign language at the Voronezh Institute of the Russian Interior Ministry.


Ключевые слова / Keywords:
foreign students, Russian as a foreign language, language of specialty, educational and scientific text, analysis of educational text, system of tasks, forms and methods of educational activity.

DUDKINA E.I.
Dudkina E.I. – candidate of pedagogical Sciences


Personality-oriented technologies in the process of pedagogical training of scientific personnel in the system of the Ministry of internal Affairs of Russia


Страницы / Pages: 46-53

Аннотация / Annotation:
The article deals with personality-oriented technologies of teaching adjuncts in the study of psychological and pedagogical disciplines in the process of their professional and pedagogical training in the adjunct as future teachers of the Ministry of internal Affairs of Russia


Ключевые слова / Keywords:
technology, personal orientation, training, pedagogical training, pedagogical support, adjunct, psychological and pedagogical disciplines, teacher, self-knowledge, self-development, professionalism, competence, educational organization.

ZAKIEVA R.R.
Zakieva R.R. – Candidate of Pedagogical Sciences


Management of the system of legal protection of intellectual property for innovative developments in the field of vocational education


Страницы / Pages: 54-58

Аннотация / Annotation:
The purpose of this study is to consider innovation as an object of intellectual property rights in terms of teaching entrepreneurship. In order to achieve the objective of this study, a course was offered to study different types of innovation and intellectual property rights. A survey of teachers of the Kazan state energy University WAS conducted.


Ключевые слова / Keywords:
innovations, intellectual property, copyright, innovative course, pedagogical problems of professional education.

HOT TOPIC

SHUBINA V.I.
Shubina V.I. – of Pedagogical Sciences,Associate Professor


Development of information culture of students in the conditions of digital socialization


Страницы / Pages: 59-65

Аннотация / Annotation:
The article reveals the author’s approach to the problem of formation of information culture of students in the conditions of digital socialization. Some recommendations on the management of this process in relation to modern conditions are put forward. 


Ключевые слова / Keywords:
students, socialization, digital socialization, digital space.

SHEIAFETDINOVA N.A.
Sheiafetdinova N.A. – candidate of legal Sciences

GOSTEV S.S.
Gostev S.S. – PhD
KOVALEV K.S.

Kovalev K.S.
 –

The question of law enforcement functions of the state


Страницы / Pages: 66-71

Аннотация / Annotation:
The authors analyze the law enforcement function of the state, its theoretical aspects, the relationship with the law enforcement form of the functions. The law enforcement function is considered through the prism of Russian reality and the experience of the state of Singapore.


Ключевые слова / Keywords:
functions of the state, forms of implementation of functions of the state, methods of implementation of functions of the state, law enforcement, law enforcement function of the state, the rule of law, Singapore, law enforcement agencies, state coercion, legality, presumption of innocence, presumption of guilt.

TARASENKO YU.
Tarasenko Yu. – PhD in law


Commercial law at the present stage: a look at the system


Страницы / Pages: 72-79

Аннотация / Annotation:
The main branch in private law – civil law, is faced with a phenomenon called “commercialization”. At the moment, there are so many “special” (commercial) rules in civil law that the idea of creating an independent Commercial Code has become relevant. The existing difference in legal regulation raises the question of dividing private law into two independent sectors. 


Ключевые слова / Keywords:
commercial law, civil law, private law system, branches of law, Commercial Code, codification, merchant, subjects of trade.

TURGANBAYEV A.O.

Turganbayev A.O.
 –

Strategic planning in public administration: the point of view of the administrative lawyer


Страницы / Pages: 80-86

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. 


Ключевые слова / Keywords:
strategic planning, public administration, government policies, state building, administrative law.

WE DISCUSS THE PROBLEM

KOSTYLEV Е.N.
Kostylev Е.N. – candidate of philosophy, associate Professor


Psychological content of the concept of «anti-corruption choice»


Страницы / Pages: 87-93

Аннотация / Annotation:
The Article is devoted to the study of the content and applicability of the concept of “anti-corruption choice” in psychological research. The article deals with the complexity of the definition of this concept. 


Ключевые слова / Keywords:
choice, decision-making, anti-corruption choice, personal choice, moral choice, corruption pressure.

PIROZHKOVA I.G.
Pirozhkova I.G. – Candidate of Historical Sciences, PhD in Law, Associate Professor


Architectural criminology and environmental safety of the city: reflected in the urban planning law and politics of the Russian Empire


Страницы / Pages: 94-102

Аннотация / Annotation:
Interdisciplinary connections for the study of environmental safety problems are identified, a spectrum of theoretical understanding and practical implementation of its ideas is indicated. The publications included in the historiographic process of describing the laws of environmental safety are identified and analyzed. Based on a study of historical urban planning legislation, the prerequisites for the formation of a circle of modern problems of architectural and urban criminology and environmental safety of the city are identified.


Ключевые слова / Keywords:
architectural criminology, urban planning legislation of the Russian Empire, urban planning, forensic science, criminology, environmental safety, building charter, urban studies.

LUZGIN S.A.
Luzgin S.A. – Сandidate of Рedagogical Sciences, Associate Professor 

KUZNETSOV M.I.
Kuznetsov M.I. – Сandidate of Рedagogical Sciences, Associate Professor 


Pedagogical essence of the concepts «criminal punishment» and «correction of convicts» 


Страницы / Pages: 103-107

Аннотация / Annotation:
The article analyzes the pedagogical essence of criminal punishment as one of the methods and means of convicts’ correction. It considers not a punitive impact but changed (temporarily worsened) social and legal status of a convicted person while serving a punishment. The purpose of convicts’ correction, as enshrined in law, requires clarification and can be achieved by the penal system staff with the help of pedagogical means.


Ключевые слова / Keywords:
criminal punishment, humanistic foundations of the Penal Code of the Russian Federation, the social and legal status, constitutional rights and freedoms of convicts.

SVEREDYUK M.G.

Sveredyuk M.G.
 –

The educational process on legal issues in the field of health care, as an obligatory element of the system of management of medical and legal risks and a stage contributing to the formation of legal medicine (the experience of the Khabarovsk territory).


Страницы / Pages: 108-114

Аннотация / Annotation:
In the article, taking into account the existing problems in the presence of legal knowledge of medical workers and the right to use, the need to include in the process of additional professional education of these specialists, legal issues. As an example, the experience of the Department of health care and medical law of the KGBOU DPO “Institute of advanced training of health professionals” of the Ministry of health of the Khabarovsk territory is given.


Ключевые слова / Keywords:
medical worker, medical law, educational process, department, medical care.

PAGES OF HISTORY

TOLEUBEKOVA B.H.
Toleubekova B.H. – Doctor of Jurisprudence

SAYLIBAYEVA ZH.YU.
Saylibayeva Zh.Yu. – Candidate’s degree in Jurisprudence

TYNYBEKOVA Z. 

Tynybekova Z. 
 –

Socio-economic prerequisites for the expansion of higher education in the Republic of Kazakhstan


Страницы / Pages: 115-124

Аннотация / Annotation:
In the period from 1991 to 2013 in the Republic of Kazakhstan, the number of citizens studying at universities has doubled. At the heart of this level of social demand are the prerequisites of a socio-economic nature. Their research allows to determine the ways of equalization of the socio-economic component of the national policy of Kazakhstan in the field of higher education.


Ключевые слова / Keywords:
state economic policy, higher education, social development, educational policy.

LYSENKOV S.G.
Lysenkov S.G. – doctor of law, candidate of historical Sciences, Professor


Cult of personality and education of Soviet soldiers: historical and pedagogical analysis


Страницы / Pages: 125-131

Аннотация / Annotation:
The article presents a historical and pedagogical analysis of educational work among Soviet soldiers in the first postwar years. The problems faced by commanders and political workers, organizing training and education of soldiers in the conditions of the cult of personality of Stalin, planted propaganda apparatus of the CPSU(b).


Ключевые слова / Keywords:
cult of personality, training and education, propaganda and agitation, Soviet army.

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

MENSHIKOV A.V.
Menshikov A.V. – candidate of pedagogic sciences, associate Professor

SHABANOVA A.A.
Shabanova A.A. – candidate of philological sciences, associate Professor


School education system in 1917-1933 in the Simbirsk province (Ulyanovsk region)


Страницы / Pages: 132-137

Аннотация / Annotation:
The article considers foundation and development of school education in the Russian SFSR and in USSR in 1917-1933. It provides the main legal acts regulating the system of school education. Taking into account statistics the authors study features of the school education development in Simbirsk (Ulyanovsk) province during the period mentioned.


Ключевые слова / Keywords:
school education, unified labor school, public education establishments, Simbirsk province.

OSIPENKO S.V.
Osipenko S.V. – candidate of historical Sciences. professor


From the experience of systematization and codification of Russian legislation


Страницы / Pages: 138-141

Аннотация / Annotation:
The article presents an overview of the main provisions of the treatise “Historical review Of the Commission of drafting laws” by M.M. Speransky, General principles and types of systematization of legislation developed by the reformer (1808–1812, 1821–1826).


Ключевые слова / Keywords:
codification, Manifesto, Commission, reformer, systematization, Assembly, Code.

KLIMOVICH L.V.
Klimovich L.V. – candidate of historical sciences


The role of youth associations in the upbringing of the young generation of Russian emigration in the 1920–1930ss.


Страницы / Pages: 142-147

Аннотация / Annotation:
The article presents the place of youth associations in the education and socialization of the younger generation of Russian emigration in the 1920s and 1930s. The main activities of organizations, which included: regular classes with children, summer camps, the celebration of memorable dates, are given. It is concluded that children’s and youth associations played a large role in the process of adaptation of the young generation of Russian emigration to foreign cultures, contributed to the upbringing of a socially active personality and protected children and youth from the influence of the “street”.


Ключевые слова / Keywords:
emigration, youth, children, socialization, history of Russia, Foreign Russia, scouts, knights.

SCIENTIFIC DEBUT

HABIBRACHMANOV I.R.

Habibrachmanov I.R.
 –

The path of a Russian officer in the second half of the 18th century: from ensign to generalissimo


Страницы / Pages: 148-157

Аннотация / Annotation:
This article examines the quantitative and qualitative characteristics of the officer corps of the Russian army in the second half of the 18th century. On the example of various categories of officers – chief officers, staff officers and generals, the legislative foundations and practice of career development of officers are studied.


Ключевые слова / Keywords:
chief officers, staff officers, generals, the Russian Army, the rank system, noblemen, career.

LUTSENKO P.N.

Lutsenko P.N.
 –

The work of state bodies and public organizations to improve the initial military training of students in 1976–1986 (on the materials of the regions of the Ural region)


Страницы / Pages: 158-163

Аннотация / Annotation:
This article is devoted to the activities of state bodies and public organizations of the USSR to improve and develop the training of young people to serve in the Armed Forces in the 70s-80s of the twentieth century. The author reveals the sequence of development of the armed Forces of the USSR and the impact of this process on the requirements for military personnel. The historical necessity of development of system of preparation of youth for service in army is shown. Shows the work of the CPSU, DOSAAF USSR and the leadership of the Armed Forces to prepare young people for service in the army.


Ключевые слова / Keywords:
state bodies and public organizations, initial military training, government resolutions, CPSU Central Committee, DOSAAF.

FROLOVA V.B.

Frolova V.B.
 –

The socio-anthropological dependence of law-making when considering the process of formation of law


Страницы / Pages: 164-169

Аннотация / Annotation:
By analyzing the methods of forming the law, the role of law-making in the development of law is established. It is proposed to consider law-making in the anthropological sense, when a person is a central being, and social processes are the source of law. The article reveals the nature of the influence on the process of formation of legal creativity in terms of its social conditionality.


Ключевые слова / Keywords:
law-making, nature of law, legal factors, legal norms, legal custom, law formation, development of law, methods of law formation.