Methodological and methodological problems of organizing legal education. Methods of teaching legal disciplines at a university: problems and prospects Methodological problems of teaching legal disciplines
2. Bulatov O. Sh. Modernization and legislative improvement of the political system Russian Federation// Law and politics. - 2011. - N 3 (135). - P. 360-366.
3. Diskin I. E. Responsiveness of the modern Russian political system // Monitoring of public opinion. - 2010. -N 6 (100). - P. 4-11.
4. Peregudov S.P. The political system of Russia in the global context: institutions and mechanisms of interaction. - M.: ROSSPEN, 2011. - 431 p.
5. Tsygankov A.P. Modern political regimes: structure, typology, dynamics: textbook. - M.: Interpraks, 1995. - 296 p.
Velikanov K.V.
ABOUT SOME PROBLEMS OF TEACHING LEGAL DISCIPLINES TO STUDENTS STUDYING NON-LEGAL SPECIALTIES
Key words: teaching methods, legal disciplines, teaching methods.
Abstract: the work is aimed at emphasizing the problems of teaching legal disciplines to students of non-legal specialties; the author has developed recommendations for improving the teaching process.
Keywords: methods of teaching, legal discipline, learning methods.
Abstract: work focuses on the focus problems of teaching of legal disciplines to students of not legal specialties, the author developed recommendations for improving the teaching process.
The current stage of development of the economy, and primarily the service sector, places high demands on the quality of professional training of university graduates who have studied in the humanities. This training should be comprehensive and include not only knowledge, skills and abilities directly related to the acquired profession, but also
allow a specialist to confidently navigate situations of an intersectoral nature.
Thus, a lawyer working in the field of mediation must have the knowledge and skills of a psychologist (in particular, in the field of conflict management); specialist in customs affairs must have not only good economic, but also legal training; A service and tourism specialist needs the knowledge and skills of an economist, manager, lawyer and psychologist at the same time. Most of today's popular humanitarian professions are complex in nature, requiring the specialist, first of all, to have communication skills, knowledge of the laws of the market, and the ability to work with texts of prescriptive law.
It can be assumed that the corresponding curricula offer students comprehensive training. And this is basically true, but it concerns only the structure of the curriculum and practically does not affect the teaching methodology. After all, it is not enough to simply combine disciplines of different specialties in one educational module in order to obtain a “universal” specialist as a result of mastering the program. The teaching and learning methods of each discipline must be correlated with the specialty that the curriculum models, and which itself is not a simple sum of other professions.
The development of such a methodology for teaching and studying various academic disciplines in programs of complex specialties, which will allow students to understand the very essence of the relevant field of scientific knowledge and successfully master those sections that are directly related to the specialty being acquired, represents, in our opinion, the greatest difficulty. Let us consider this problem using the example of teaching legal disciplines for non-legal specialties.
No one doubts the importance of legal education in market conditions. Growing civil turnover requires adequate legal support: conclusion, amendment and termination of contracts, settlement of economic disputes, etc. The scope of judicial protection of the rights and interests of citizens and organizations has expanded significantly, and the number of cases in courts has increased.
The legal profession has become one of the most popular, which has even led to a peculiar fashion: citizens who already have a higher economic or management education strive to obtain
also a legal specialty. However, the labor market, oversaturated with university graduates with legal education, does not meet society’s needs for highly qualified legal scholars, since on average the quality of graduates’ training is much lower than the level of qualifications required for modern legal practice.
The problem of inconsistency between the qualifications of university graduates and the requirements of practice, of course, must be solved in the higher education system: it is necessary to improve the concept of legal education (transition from the priority of fundamental theoretical knowledge to the priority of legal specialization, focused on the needs of the legal services market), modernize educational programs, and increase the role of industrial practice students. A partial solution to this problem is seen in the development of legal education within the framework of non-legal complex specialties, such as customs (economics and management of an enterprise (customs)), state and municipal administration, taxes and taxation, socio-cultural services and tourism, personnel management, etc. The possession of legal knowledge and skills by graduates of these and other complex specialties will allow them to more effectively solve various production tasks related to the preparation of legal documents, consulting clients, legal protection of their own interests, representing the interests of the organization in which the specialist works, etc.
Our experience in teaching a number of legal disciplines (such as “Theory of State and Law”, “Constitutional Law”, “Administrative Law”, “Customs Law”) to students studying in the specialties “Economics and Management at an Enterprise (Customs)”, “Taxes and taxation" allows us to highlight a number of problems that teachers and students face in this case.
One of these problems is the problem of the integrity and consistency of the block of legal disciplines in the curricula for non-legal specialties. For example, it is surprising to see the inclusion of the historical and legal discipline “Roman Law” in the block of legal disciplines studied by students majoring in Taxes and Taxation. It seems illogical to simultaneously (within one semester) student study,
students in the specialty “Economics and management at an enterprise (customs)” in the disciplines “Administrative Law” and “Customs Law”, which are correlated as a whole and a part. And the practice of “planting” non-law students with law students for joint study of some fundamental legal disciplines (for example, “Theory of State and Law”, which students studying in the specialties “Economics and Enterprise Management (Customs)” and “Taxes and Taxation" ” are studied for one semester, and law students for the whole academic year) only harms the educational process. We believe that a block of legal disciplines (number of training sessions, sequence of study and similar issues) for non-legal specialties should be formed on the basis of the recommendations of law departments, and the corresponding sections of draft curricula should be endorsed by the heads of legal departments, before their approval by the rector of the university.
Another important problem is students’ incorrect or too narrow vision of the specialty acquired at the university. Having certain ideas about the place of their future work, non-law students, however, do not see opportunities to apply legal knowledge and skills in their professional activities, do not understand that their professionalism depends not only on the quality of specialized training, but also on the level of their legal competence and legal culture. We have often heard from students studying customs or taxation that they are “economists” and have no need for legal disciplines.
The solution to this problem is seen as follows: starting training course, the teacher must explain to students the acquisition of what knowledge and skills involves studying this discipline, where this knowledge and skills can be used in their future professional activities. In subsequent lectures, it is useful to give examples, and in practical classes to solve problems directly or indirectly related to the specialty acquired by students. As a result, students should develop a clear understanding of the purpose and value of legal knowledge in the structure of their professional training.
Another problem is the transfer by legal teachers of the methods and manner of teaching legal disciplines to the basis of a non-legal specialty. In this situation
the teacher very soon discovers that non-law students simply do not understand him. First of all, this concerns the style of oral legal speech, the construction and terminology of which is difficult for non-law students. We believe, however, that a teacher should not deliberately simplify, or, even more so, vulgarize the manner of explaining the material. Communication with the teacher should develop the student. Therefore, it would be correct to specifically explain to students the meaning legal terms, features of legal structures used in this section of the training course.
Our experience shows that it is useful for students studying in non-legal specialties, as well as law students, to work with normative legal acts: solve problems on their application, give tasks on drawing up thematic diagrams and tables using normative legal acts. Much attention should be paid to organizing students’ independent work. For example, students completing homework allows them to discipline their work outside the classroom and helps to consolidate the material they have learned.
The considered problems of teaching legal disciplines for non-legal specialties, of course, do not exhaust all the difficulties that exist in modern methodological support for higher education. vocational education. When working to resolve them, one should remember that the most reliable means of improving education in higher education, both in legal and non-legal specialties, is the development pedagogical excellence teacher, his understanding of his legal and teaching experience and turning to didactics as a field of knowledge, which is the main guideline in achieving educational goals.
Bibliography
1. The legal profession is in demand in the labor market. Interview with the rector of the Russian Academy of Justice, Doctor of Law, Prof., Honored. Russian lawyer V.V. Ershov [Electronic resource] // Work and salary. - 2006. - June 13. Access mode: URL: http://www.zarplata.ru/a-id-13055.html (access date: December 5, 2011).
2. Egorov V.E. Legal education in a non-legal university: Monograph / V.E. Egorov. - Pskov: Publishing house ANO “Logos”. 2009 - 260 p.
Govorov I.V.
SOCIAL PROTECTION OF YOUTH IN THE FIELD OF EMPLOYMENT
Voronezh Economics and Law Institute
Key words: youth, social protection, youth employment, employment problems.
Keywords: youth, social protection, youth employment, employment issues.
Abstract: author in this paper raises the problem of unemployment among young people by offering some suggestions to eliminate this problem.
Unemployment is a complex socio-economic phenomenon in which part of the economically active population, who want to work on an employment basis or create their own business, cannot realize (apply) their labor due to the lack of suitable jobs (offers) and, as a result, is deprived of their basic income (wages).
In accordance with the legislation of the Russian Federation, the unemployed include able-bodied citizens who do not have work and earnings (labor income), living in Russia, registered with the employment service authorities at their place of residence in order to find suitable job, looking for it and ready to begin it. Based Russian legislation Citizens under 16 years of age and able-bodied citizens undergoing full-time training cannot be recognized as unemployed.
Much attention is paid to youth employment issues, not only because youth are the future of the country, but also because youth unemployment is at an exceptionally high rate. More than a quarter of working youth are covered by “hidden” unemployment, which causes forced
Teaching criminology
Forensics(from the Latin criminalis - criminal, related to a crime) is an independent scientific branch of knowledge about the laws of the crime mechanism, the emergence of information about a crime and its participants, the collection, research, evaluation and use of evidence.
Forensic science is closely related to criminology, logic, criminal and criminal procedural law, and philosophy.
This discipline is of no small importance in the system of legal sciences, and knowledge of its fundamentals allows the future specialist to have information about tactical techniques for the production of procedural actions; form of organization and methodology for investigating certain types of crimes; structure of the expert's report; the procedure for recording the results of research and examinations, etc.
When conducting seminars and practical classes, a student can:
Obtain information about the use of information retrieval systems for forensic registration;
Master the methods of preliminary study of objects that are important for administrative, civil and criminal cases in order to obtain information;
Learn to use technical and forensic methods and means of collecting objects that are important in administrative, civil and criminal cases;
Learn to prescribe forensic examinations, evaluate and apply research results.
Lectures in mandatory include a slide show with information and images of modern devices used by forensic experts. This approach is especially convenient, given that not every higher education institution has modern forensic equipment and teachers who are specialists in this field. Moreover, not every university has its own forensic laboratory equipped modern technologies. It is advisable to conduct seminars separately for students in each group. During practical classes, laboratory work is especially useful.
At the first seminar classes, as a rule, devoted to theoretical knowledge, it is possible to hold a colloquium on such topics as: “Stages of development of domestic criminology”, “Tasks of criminology”. As for more “practical” topics (“Identification characteristics”, “Types and stages of forensic identification”, “Classification of technical and forensic means”), it is optimal to conduct discussions, debates, and round tables.
When studying the thematic sections "Ballistics", "Fingerprinting" and "Tracology" you can carry out laboratory works, and during the seminars on “Photo-Portrait Examination”, in the presence of computers, each student is given tasks to draw up a portrait: in this way, students learn well the rules for describing signs of appearance and force their thinking to work actively. If there are not enough computers for each student, it is possible to create paired groups, one of which will draw up a portrait, and the other, based on the photograph (image) given to him, will try to describe external signs personality, without presenting the image to the “expert”. So both students involved, forced to work in pairs, will both strive for the same goal: displaying the most correct portrait of the person being described; This method provides an opportunity for active learning for all students - both those who are engaged in the description and those who make efforts to draw up a portrait.
Teaching criminology
Criminology(from the Latin crime - “crime” and the Greek logos - “teaching”) is an independent, interdisciplinary, socio-legal general theoretical and applied science that studies crime as a social phenomenon, its prevention, causes and conditions, and the personality of the criminal.
The following general scientific methods of cognition are used in criminology:
Ascent from the abstract to the concrete;
Hypothesis;
Dynamic and statistical methods;
Historical method;
System-structural analysis;
Comparison.
In addition, specific sociological methods must be used:
Studying documents;
Surveys in the form of questionnaires (individual and group) and interviews;
Observation;
Experiment.
The following specific scientific methods are used:
Analysis of DNA molecules;
Analysis of blood, bodily fluids and secretions;
Biochemical and chemical analysis;
Qualitative and quantitative analysis;
Methods of mass spectrometry, chromatography, nuclear magnetic resonance, etc.
Practical classes are conducted in order to consolidate the theoretical principles discussed in the lecture course and studied by students during independent work. In practical classes, students must learn to work with regulatory documentation and identify practical skills in using legal acts and technical standards regulating the activities of bodies government controlled, executive power. Among the special teaching methods we can highlight moderation (activities aimed at revealing the potential of the student and his abilities).
Moderation is based on the use of special technologies that help organize the process of free communication, exchange of opinions, judgments and leading the student to make a decision through the implementation of internal capabilities.
Moderation is aimed at revealing the student’s internal potential, helping to identify hidden opportunities and untapped skills.
The main methods of work of the teacher-moderator are methods that encourage students to activity and activate them; identify their existing problems and expectations; organize the process of participation in the discussion; establish a climate of friendly cooperation.
The teacher-moderator acts as a mediator who establishes relationships between students. For each practical lesson, it is advisable to provide a list of literature and regulatory documents, as well as questions for self-control.
Teaching of forensic medicine
Forensic Medicine- a science that uses medical and biological knowledge, applied in jurisprudence for the purpose of justice.
This is independent medical science, which has its own research methods.
A student in the process of studying at the Faculty of Law should know that there are a large number of forensic medical examinations carried out in Russia in connection with the investigation of administrative, civil and criminal cases, and in science it is proposed to expand their list.
Currently, we can talk about the following types of forensic medical examinations:
Living persons;
Histological;
Biological;
Traceological;
Anthropological;
Ballistic;
Chemical;
Biochemical;
Medical activities.
Lectures on forensic medicine can be accompanied by a slide show, since this course is more specific compared to other legal disciplines, contains a large amount of information, and knowledge in this area is necessary for solving, investigating and preventing crimes.
By studying this course, students acquire quite broad skills and abilities: the correct application of the acquired knowledge about the possibilities of forensic medicine allows the future specialist to freely navigate this area and understand numerous professional intricacies.
During practical classes, it seems quite appropriate to familiarize students with samples of the following documents:
Protocol of inspection of the scene of the incident;
Protocol for examining the corpse;
Resolution on the appointment of a forensic medical examination;
Resolution on ordering a repeat (additional) forensic medical examination;
Referral for forensic medical examination of the corpse, etc.
Methods of teaching forensic psychiatry
Forensic psychiatry– medical science, which is at the intersection of medicine and jurisprudence and serves justice by establishing the mental state of the subjects in order to determine their ability to bear responsibility for their actions (or inactions), as well as their ability to correctly perceive current events and perform civil acts. Forensic psychiatry as a subject in a higher educational institution is studied mainly in lectures and seminars (practical) classes, during which the student acquires the knowledge, skills and abilities he needs in the future.
As for the acquired competencies, the following can be noted among them: the student must know the rules for assigning and conducting a forensic psychiatric examination; legal and medical significance of establishing insanity in persons who have committed socially dangerous acts.
Regarding the rules for appointing and conducting an examination, the student must know the grounds for appointing an examination within the framework of administrative, civil and criminal proceedings.
The optimal and most effective option for conducting seminar classes is to explain to the student the rules for drawing up a resolution on ordering a forensic psychiatric examination as part of a criminal investigation, containing information about the circumstances of the crime committed and the grounds (reasons) for sending a person to conduct such an event.
It is important for the teacher to explain how to pose questions to the expert(s).
For example, the resolution may ask the expert the following questions:
Did (indicate the person's last name, first name, patronymic) suffer from any mental illness at the time of the crime, and if so, what kind?
Did this mental illness deprive him of the ability (last name, first name, patronymic of the person) to account for and direct his actions?
Does (indicate the person's last name, first name, patronymic) currently suffer from any mental illness and, if so, what kind?
Does (indicate the person's last name, first name, patronymic) require the use of medical measures and which ones?
It is necessary to explain to the student that in most cases the outcome of a criminal case depends on the correctness of the expert’s questions, since if a person (suspect, accused) is declared insane, the crime will not be recognized as such, and the person who committed it will not be recognized as a criminal.
The student must explain the points regarding the use of the regulatory framework, which, in addition to the Criminal Procedure Code of the Russian Federation (Article 79), also includes other documents of various government bodies:
Law of the Russian Federation of July 2, 1992 No. 3185-1 “On psychiatric care and guarantees of the rights of citizens during its provision”;
Federal Law of May 31, 2001 No. 73-FZ “On State Forensic Expert Activities in the Russian Federation”;
Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”;
Resolution of the Plenum Supreme Court RF dated April 7, 2011 No. 6 “On the practice of using compulsory medical measures by courts”;
Cassation ruling of the Moscow City Court dated May 30, 2012 in case No. 22-6814;
Cassation ruling of the Nenets Court Autonomous Okrug dated November 8, 2012 in case No. 22K-69/2012;
Order of the Ministry of Health and Social Development of the Russian Federation dated May 30, 2005 No. 370 “On approval of the Instructions on the organization of forensic psychiatric examinations in forensic psychiatric examination departments of state psychiatric institutions.”
Teaching Forensic Science
Forensic examination as a science and an academic discipline taught in higher education is associated with other disciplines - criminology, logic, mathematics, psychology, forensic medicine, ethics.
Forensic examination- a procedural action carried out on the basis of the use of modern scientific and technical achievements in order to obtain an opinion from an experienced person on issues related to the establishment of circumstances that constitute the subject of proof.
Forensic examination as a science stands on the threshold of jurisprudence, as well as a significant number of other disciplines in various fields.
Students studying forensic examination should have an understanding of the meaning and content of specific types of examinations, the logic and psychology of the conclusions, conclusions and thinking of an expert, the methodology and stages of expert research, the subject, objects, tasks and goals of examinations, the causes of expert errors, their consequences and methods warnings.
Questions for self-control
1. Name the main methods of studying constitutional law.
2. List the main characteristics of an introductory lecture on administrative law.
3. What is a control and training seminar on criminal law?
4. What are the features of teaching environmental law?
5. Are there differences in the teaching methods of public international and private international law?
6. What are the features of the methodology for teaching special legal disciplines?
7. What general scientific methods of cognition are used in criminology?
Bibliography
Main literature
1. Basova N.V. Pedagogy and practical psychology. Rostov n/d: “Phoenix”, 1999. – 416 p.
2. Belyaeva I.M., Galyukova M.I. Methods of teaching criminal law: textbook. Chelyabinsk, 2011. – 92 p.
3. Likhachev B.T. Pedagogy. Lecture course. M., 2003.
4. Uman A.I., Fedorova M.A. Problems of development of didactic systems. Monograph. Orel, 2012. – 193 p.
additional literature
1. Distance educational process: essence, structure, features of organization: textbook / E.L. Syrtsova, O.V. Tokmakov; Federal Agency for Education, Vyatka State. Humanitarian University Kirov: Vyatka State Publishing House. Humanitarian University, 2009.
2. Eremenko V.I. Active and interactive methods of teaching jurisprudence: monograph. Barnaul, 2012. – 192 p.
3. Kiryakova A.V., Kargapoltseva N.A., Olkhovaya T.A., Smirnykh E.V. “Debate” technology in competency-based education: educational and methodological manual. Orenburg, 2011.- 119 p.
4. Lagunova M.V., Yurchenko T.V. Organization of educational and cognitive activities of students using e-learning technologies. Monograph. N. Novgorod: NSPU, 2012. – 158 p.
5. Lecture as an active teaching method. Guidelines// Prepare. V.P. Chikhachev. Kyiv: Society "Knowledge" of the Ukrainian SSR, 1990.
6. Educational function of the lecture / V.E. Panasovsky. M.: Knowledge, 1982.
7. Plotskaya O.A., Ivanova Zh.B., Knyazev A.I. Innovative teaching of legal disciplines at a university: active and interactive forms of conducting classes: a textbook. Syktyvkar, 2012. – 92 p.
8. Controversy - dispute - discussion / S.A. Mineeva. M.: Knowledge, 1990.
9. Conversation techniques / Anya von Kanitz; lane with him. O. E. Efimtseva. Moscow: OMEGA-L: Smart book, 2008.
- Specialty of the Higher Attestation Commission of the Russian Federation13.00.08
- Number of pages 161
CHAPTER 1. THEORETICAL FOUNDATIONS OF TEACHING
LEGAL DISCIPLINES IN NON-LEGAL UNIVERSITIES.
1.1. Historical and pedagogical aspects of the formation and development of the legal education system in Russia.
1.2. The essence and structure of the legal consciousness of the future specialist.
1.3. Formation of the legal consciousness of a specialist as the goal of teaching legal disciplines.
CHAPTER 2. METHODS OF TEACHING LEGAL
DISCIPLINES IN NON-LEGAL UNIVERSITIES.
2.2. System of courses in legal disciplines at the university of culture and arts.
2.3. Optimization of educational and cognitive activities of students.
Recommended list of dissertations in the specialty "Theory and Methods of Vocational Education", 13.00.08 code VAK
Formation of the legal culture of non-legal students 2009, Candidate of Pedagogical Sciences Potomakhin, Vadim Vladimirovich
Organizational and pedagogical conditions for the formation of legal consciousness of students of non-law universities 2013, candidate of pedagogical sciences Magomedova, Raginat Magomedovna
Legal training of students taking into account the characteristics of various types of secondary educational institutions 2006, candidate of pedagogical sciences Ishchenko, Vladimir Ivanovich
The discipline "Civil Law" as an effective factor in the legal education of law school students: Methodological foundations 2005, candidate of pedagogical sciences Ryzhkovich, Ekaterina Alekseevna
The influence of the orientation of professional training on the dynamics of the semantics of the stereotype “criminal behavior” among university students 2004, candidate of psychological sciences Bunyaeva, Galina Valerievna
Conclusion of the dissertation on the topic “Theory and Methods of Vocational Education”, Bolonina, Svetlana Valentinovna
CONCLUSION
The conducted dissertation research allows us to make a number of theoretical generalizations and practical recommendations that serve to expand our understanding of the problems of teaching legal disciplines in non-law universities in the transition period.
The crisis of the 90s in Russia led to a critical situation in the state of the legal consciousness of the population, to legal nihilism and legal infantilism of student youth. Taking into account features modern stage development of the state in the process of teaching law courses and creating the necessary pedagogical conditions increase the effectiveness of the formation of students' legal consciousness.
During the study, all planned tasks were completed.
1. At various stages of the development of society, the task of transferring to the next generation knowledge about fundamental rights and responsibilities, about the state structure is solved in accordance with the level of development of pedagogical thought and law. Over the centuries, all states have carried out special activities to disseminate views on law and order, for which any means at their disposal are used: church, literature, art, school (all levels), the media, special legal educational establishments. Thus, legal education is an integral component of the ideological function of any state.
The importance of legal education and upbringing of students in the process of teaching legal disciplines increases in the conditions of the transition period. This is due to the crisis state of legal consciousness among students and the changing role of law in the life of society.
By decree of the Government of the Russian Federation in 1994, the State educational standard of professional education was first approved higher education. It approved state requirements for the minimum content of legal education. The State Educational Standard includes the rights and freedoms of humans and citizens in the requirements for knowledge and skills for cycles of disciplines, but does not include provisions on responsibilities and does not specify the tasks of legal education of students.
The conducted research indicates that the specified minimum of didactic units in the program in the direction of “Law” does not allow students to develop the legal consciousness of the required level.
2. Based on the analysis of statistical data and special research, some features of the socio-economic development of society were identified that influence the legal consciousness of student youth in the Russian Federation:
The social status of student youth is rapidly declining; their financial and living situation and access to education have deteriorated and are deteriorating; the structure and composition of the specialties for which students are professionally trained and admitted to educational institutions of higher professional education do not correspond to the real needs of the reproduction of the socio-professional structure in society; the system of demand and guaranteed employment of graduates of professional educational institutions has been destroyed, mechanisms for its implementation have not been created or are not in operation;
Self-awareness of student youth, their organization, role in public life, politics, protecting one’s interests, has fallen significantly and continues to fall;
There is a spiritual and moral decomposition of young people, who are possessed by the spirit of immeasurable consumerism and immoral enrichment at any cost;
Young people are increasingly criminalized, drunkenness, alcoholism, drug addiction, and prostitution are on the rise.
Sociological research proves that the process of increasing criminalization of public consciousness is associated with a criminogenic deformation of the value-normative system of the entire society, with the erosion and devaluation of socially positive values, behavioral stereotypes, and moral ideals of people. IN public opinion the values and norms of the criminal environment, stereotypes of offending behavior, allegedly justified by material, moral, social, economic, political and other considerations, are cultivated. Elements of a criminal subculture are being introduced into mass culture and everyday life.
The state must take into account all socio-economic factors influencing the legal consciousness of young people, solve all their problems, placing among the most important tasks the improvement of the process of civic, patriotic moral and legal education of the younger generation. The formation of students' legal consciousness is an urgent need for the development of society, a factor in the stabilization and survival of Russia and the goal of teaching legal disciplines.
3. The state educational standard determines the mandatory minimum content of each basic professional educational program higher professional education. The main directions of reforming the higher education system should reflect two approaches: democratization - a transition from a class approach to universal human values and an understanding of the feasibility of compromises, to pluralism of opinions; humanization of education, which can be achieved by appealing to natural inalienable human rights, to the theory of non-violence.
The principles for selecting the content of legal education are determined by the integration of Russia into the global education system and the priority of universal human values and are based on the recommendations of the UNESCO International Congress on continuity, discipline, the connection of education with practical activities, and the interculturality of education. These principles correspond to the humanistic nature of education in accordance with the Declaration of the Rights of Man and the Citizen.
4. Legal support for reforms is a decisive condition for the establishment of a market system and the construction of a rule of law state. Consequently, in the course of legal disciplines in universities it is necessary to include the study of civil law: the emergence civil rights and duties, civil liability, property rights, contractual obligations, labor law, Russian tax system. This allows for an organic combination of generally valid legal knowledge with specialized knowledge corresponding to a particular specialization. As a result, students not only gain knowledge about the legal system, the role of law in the hierarchy of normative acts, the importance of law in the formation of new economic relations and their stabilization, the content of the main branches of Russian law, but also the ability to apply them in legal regulation economic relations, in the implementation of which graduates specialize in various areas of government and commercial activity. Knowledge of the basic rules governing civil circulation and the ability to apply them can provide them with right choice positions in commercial activities and, therefore, the desired success and at the same time a correct assessment by regulatory authorities.
A necessary means of bringing legal disciplines closer to the sphere of interests of students, developing high legal beliefs and ideas in them, transferring legal knowledge and consolidating skills is the selection of the content of educational material. Information that is socially significant for students and professionally oriented in their future specialty, together with the determination of the most optimal forms and methods of transmission, contributes to the motivation of students to participate in the process of cognitive activity.
In the new conditions, only obtaining an integrated vocational education guarantees employment. The breadth of a professional profile and mastery of several professions determine an individual’s ability to adapt to a changing production environment and introduce intensive technologies. In conditions market economy The labor market involves competition. The higher education system, with the help of a course in legal disciplines, must satisfy the need of students for high-level qualifications and ensure their competitiveness in the field of employment.
5. Students more easily adapt to new living conditions and new professions, therefore, in order to increase their chances of employment, it is necessary to inform students in senior years about the situation on the labor market and their rights in this area, to train specialists who can independently resolve conflicts through legal means situations.
Students must acquire skills in organizing work in modern workplaces equipped with personal computers and various peripheral equipment. Continuous computer training and the ability to use legal reference systems when performing individual assignments, coursework and dissertations will ensure the transition from the reproductive to the transformed level of knowledge.
Using reference legal systems in legal courses, varying teaching methods depending on didactic goals, the teacher transforms students' passive knowledge into active ones, facilitates the organization of the process of students acquiring new knowledge on law and applying it in practice.
During the experimental work, it was revealed methodological foundations teaching legal disciplines, ensuring the effectiveness of assimilation of legal knowledge, the formation of skills and abilities, the ability to predict the professional situation and make independent decisions.
Reference legal computer systems, on the basis of which the training takes place, allow you to see the connections between individual legislative acts, court decisions and legal documents.
Consequently, stimulating student activity through active forms of educational activities, involving a set of educational, professional and practical tasks formulated in the form of legal cases, based on information computer technologies, allows us to develop skills in the practical application of legal knowledge, mastery of the norms of procedural legislation and introduce students to experience of creative self-realization in the field of work.
6. The conducted dissertation research made it possible to make specific pedagogical recommendations for improving the process of teaching legal disciplines in non-law universities:
Legal nihilism and legal infantilism of the population, the fundamental breakdown of social and moral values convinces us to place primary emphasis in the process of teaching legal disciplines on legal educational work with students: on the formation of a respectful attitude towards the system of legislative norms in force in society, obedience to the law, orientation in Everyday life and professional activities for conscious compliance with the requirements of laws, the desire to implement them;
Among the priority steps to radically improve the practice of teaching legal disciplines in non-law universities, it is necessary to provide for further improvement of the State educational standard in law. He should prioritize the legal education of students. Requirements for the knowledge and skills of students must be supplemented by provisions on the responsibilities of a person and a citizen.
In order to further improve the process of teaching legal disciplines, it is necessary to strictly observe the continuity of legal education at all stages of training. Each subsequent stage should complement the previous one, deepening the acquired knowledge, skills and abilities;
The legal course should be the final stage of legal training that students undergo in the process of studying and obtaining higher education. The main objective of this course is seen to be to provide knowledge of the rules of law governing legal relations into which university graduates will enter in the process of working, participation in the political life of the country, the implementation of personal rights and freedoms;
It is advisable to read a course in jurisprudence at graduation courses, when students have already acquired a system of knowledge in their core disciplines; stimulate the acquisition of socio-professional experience by students during their studies, for which to increase the share of active forms of learning; traditional lectures should be combined with business games, role-playing games, round tables, thematic discussions, educational and practical conferences, the use of computers and other achievements of scientific and technological progress in the teaching process;
It is necessary to more closely link the teaching of legal disciplines with the specialization of students, legal issues resolved in the course of their future professional activities;
It is necessary to improve the preparation and provision of the course teaching process technical means, including educational filmstrips, videos, computers, legal reference systems.
Provide for the development of specialized software for solving practical legal and educational and professional problems in accordance with the specialization of training at the faculty.
Fulfilling the objectives of the dissertation research made it possible to realize its goal. The main provisions of the hypothesis were confirmed and clarified.
The results obtained during the study allow us to assert that the introduction into mass practice of the considered pedagogical conditions for increasing the effectiveness of the formation of students' legal consciousness in the course of legal disciplines will contribute to the moral and legal socialization of their personality.
The problem of researching the scientific and methodological foundations of teaching legal disciplines in non-law universities is not completely exhausted by the results of this study. The problem of legal education of students during the transition period in the country and the ban on ideological work in universities requires special research. Of interest are the issues of tracking the dynamics of the process of formation of legal consciousness young man, criteria for its effectiveness.
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Kurenkova Natalia
Postgraduate student of the Department of State and Legal Disciplines
Faculty of Law, Vladimir State Pedagogical University
Peculiarities of teaching legal disciplines at a university (using the example of a new branch of law - “Information Law”).
It should be noted that the rapid pace of development of science and technology, primarily information technology, poses the task of training specialists who, along with deep, highly specialized knowledge, also have methodological training of a wide profile, obtained on the basis of special educational programs, individual choice of educational route, intensive educational and scientific -research work. New requirements are coming to the fore - information education integrated with intensive research activities, a close connection between university research and teaching.
In this regard, I would like to pay attention to two blocks of problems in teaching legal disciplines.
The first block of problems is related to common features teaching legal disciplines. Research in the last decades of the twentieth century in the field of higher education pedagogy has shown that more specialists without teaching experience from one or another area of special legal activity were involved in the educational process. As a rule, most of them did not have a pedagogical education and did not know the methods of teaching the academic discipline and, as a result, carried out their teaching activities at the situational and practical level. And only a few of these teachers had their own creative style of activity and, on this basis, were able to efficiently manage not only the implementation of certain tasks of the educational process, but also influence the educational component of students. The situation when specialists who prove themselves in one or another scientific or practical activity come to teach at a university continues to this day.
This is especially true for the field of legal education. Here, the bulk of teachers of legal disciplines at law faculties in universities are either graduates of postgraduate studies of these faculties, that is, those who from the first days of their stay at the university were in the atmosphere of university education, or legal specialists who earned their authority outside the walls of the educational institution. Accordingly, the main criterion for selection for work as a university teacher is practical experience in the specialty or scientific success in jurisprudence.
At the same time, pedagogical abilities, and even more so methodological abilities and skills, as a rule, are not taken into account. Of course, the specifics of the legal profession presuppose that applicants have teaching skills. However, the lack of basic pedagogical knowledge among professional lawyers in the teaching field leads to the fact that the effectiveness of classes is sometimes low. Another problem for them is that the law school does not have a system for testing the professional suitability of specialists in this field. And practically none of the legal teachers are involved in the methodology of legal disciplines as such in higher education. Fragmentary recommendations presented in separate textbooks textbooks and manuals for legal courses, rare articles on individual problems of teaching legal disciplines - this is approximately what the methodology of legal teaching in higher education has today.
In part, the new state educational standard for higher professional education in jurisprudence tries to resolve these issues through a system of two-stage educational program (direction 52.14.00. jurisprudence). Only in the Bachelor-Master structure, the curriculum involves students studying the course “Methods of teaching jurisprudence in higher education”, the formation and development of pedagogical skills in future masters of jurisprudence. Taking into account the needs of higher legal education for teaching staff at Moscow State Pedagogical University, within the framework of the specialty 02.11.00 - jurisprudence, the curriculum "Methodology of teaching legal disciplines" was introduced into the curriculum as a university component. A special feature of the course is not only the compact theoretical didactic preparation of future lawyers on the problems of teaching legal courses in higher education, but also the practical implementation of the acquired knowledge.
Thus, it can be stated that in order to minimize pedagogical impromptu in the practice of teaching legal disciplines and move to the path of preliminary design training session and subsequent reproduction of this project in the classroom, it is necessary to determine the place of the methodology for teaching legal disciplines as a scientific pedagogical discipline.
The second block of problems is seen in the peculiarities of teaching a new subject that is not yet included in the curriculum at every university - “Information Law” and, accordingly, the formation of information law as a new branch of law.
It is important to note that two years ago there were active discussions about the educational status of “Information Law”. The discipline has drawn objections from some lawyers and education officials. There is no such area of law, they said. The term “information law” really cannot yet be considered established and generally accepted. And yet it is already being used - Yandex, for example, finds more than a hundred mentions of it. It is believed that there is an information component in all relationships that arise between people, which means that information law generally covers the entire sphere of law. Indeed, the topic of information law is vast even without such an expansive interpretation. It consists of dozens of directions, each of which could be devoted to a monograph.
That is why the scientific community so warmly responded to the invitation of the Department of Legal Informatics of the Moscow State Law Academy and the UNESCO Department of Copyright and Other Branches of Intellectual Property Law at the Institute of Legal Informatics named after. Griboyedov to take part in the round table "Current problems of information law".
Information law is still in its infancy. Moreover, the ideas of legal scholars about its main characteristics are so different that it is obvious: we are not talking about a natural divergence in views on the same subject, but about different subjects, the only similarity of which lies in the application of a common term to them - "information law".
Of course, such a situation is quite natural in the conditions of the initial accumulation of scientific knowledge. But the real needs of university science in the formation of the legal basis of the information society dictate the need to move through this phase as quickly as possible. It is fundamentally important to synchronize the progress of information and communication technologies with the development of legal and ethical regulators applicable to relations in the information environment.
An attempt was made to include the discipline of information law in theory and history or in the structure of constitutional law. These proposals did not pass, as did the first proposal to include administrative law in the structure. None of these options regarding information law were accepted. The argument against it was that there are no specialists, and that this is not an independent branch of law. It does not have a clearly defined subject, and most importantly, its own method. We cannot agree with this. In October 2001, by order of the Russian Ministry of Science, information law was included in the structure of legal specialties. From now on, specialty 12.00.14 in the “Legal Sciences” section includes “Administrative Law”, “Financial Law”, “Information Law”. This could not have happened if the normative basis of this industry had not developed so clearly, if it had not been proven by practice that the time had come to form a new scientific discipline.
As a consequence of the emergence of a new scientific and legal branch, the problem of training teaching staff and specialists for higher education arises. Modern information and technological progress in this area already today urgently puts on the agenda the problem of educating the information culture of a future specialist. A competent university teacher is called upon to solve it.
Legal education in the field of information legal relations requires from a modern teacher not only constant work on his professional level and mastery of modern teaching tools, but also mastery of the methodology of conducting the educational process concerning the rapidly developing new information and legal relations.
Ways that can help partially solve, or at least reduce, these problems are the unconditional and necessary updating of teachers’ knowledge, especially in the information and legal sphere on issues of methodology and technology of the teaching process. Possible forms of holding conferences, including Internet conferences and forums, as well as the development of teaching aids and other methods of advanced training.
We are really at the very beginning of the journey and must take into account that in modern conditions there is a relocation of objects of relations that give rise to new legal relations. I will just list where we started: there was computer law, then information and information resources were put at the forefront, today we are talking about information and telecommunication systems, and we are already raising the question of information-cybernetic systems, information and control systems. This entire conglomerate will sooner or later cause big changes in the structure of subjects of legal attention and in restructuring subject areas a number of branches of law. Specialists are called upon to observe this process and try to find justifications or counteractions for this. And of course, the task of university science is to prepare competent and interested specialists in this new field for jurisprudence.
professional camps; specialized shifts during the holiday period; technology parks; small innovative enterprises in the system of higher and secondary vocational education, and others.
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Kuznetsova S.P.
COMPETENCE-BASED APPROACH IN TEACHING LEGAL DISCIPLINES: EXPERIENCE AND PROBLEMS
IMPLEMENTATIONS
Key words: jurisprudence, law, teaching, educational process, educational institutions.
Abstract: this article presents the legal, legal and practical aspects of the implementation of legal
disciplines, legal aspects of the problem and practical application of legal norms.
Keywords: jurisprudence, law, teaching, educational process and educational institutions.
Abstract: this article presents the legal and practical aspects of the implementation of legal disciplines, legal aspects of the issues and the practical application of legal norms.
The most important element of the public-state system was and is education, the importance of which is recognized in many developed countries. In recent decades, the system of higher education both in Russia and in the world has evolved significantly: the number of universities has increased, the range of offered specialties has changed and expanded, and the mission of higher education and higher education has become more significant. The Law of the Russian Federation “On Education” gave impetus to the development of non-state universities, which organized, first of all, the training of lawyers. Such a “surge” in legal education is due, on the one hand, to the lack of quality legal personnel for developing Russia, on the other hand, the apparent simplicity of learning, which is associated mainly with memorizing laws and other regulations.
According to Rosstat, in the Russian Federation there are more than 1,200 universities that implement higher legal education programs and graduate up to 150 thousand young lawyers annually. The value of the profession is significantly reduced due to the large number of offers on the labor market, but the main problem is the low quality of lawyer training. The main conclusion of the ongoing discussions regarding the content of reforms in the field of education is the need for a thorough understanding of the internal content of the process of professional training of specialists.
It is important to understand that the ideas contained in basic educational documents do not in themselves ensure success, often experiencing deformations on the way to practical implementation. The traditional (classical) model of vocational education has been developing for a long time in line with the so-called knowledge paradigm, focused on mastering as much information as possible about the subject of study. According to the concept of traditionalism, the main goal is the formation of basic knowledge, skills and abilities that allow us to further move on to the assimilation of values and skills of a higher level. It is well known, however, that in
In modern conditions, legal knowledge becomes outdated every 3 - 5 years (in some areas of law even more often!). The problems of the traditional approach to education are obvious: the acquisition of mainly theoretical knowledge (with the auxiliary role of skills and abilities); the predominance of methods aimed at working memory over methods aimed at developing creative thinking; the orientation of control methods mainly towards the assessment of knowledge.
The accelerated pace of social and technological changes, integration with the European education system have determined the need for innovative, so-called contextual learning (close connection, cohesion, interweaving), according to which a dynamic transition should be established from educational activities to educational-professional and professional activities. Academic subjects in contextual learning are not presented as scientific dogmas presented in the form of textbook texts, but include (or should include) the solution of professional problems. Analysis of scientific research allows us to define “competence” as the result of formal and informal educational influence, expressed in the ability and willingness of the subject to effectively use internal and external resources to achieve a set professional goal.
Modern educational technologies should be based on clearly defined learning outcomes in a competency-based format, a practice-oriented approach and the use of active and interactive learning methods. To modernize the process of training a lawyer, it is necessary to pay more attention to the student’s independent educational activities and to carry out professionally oriented teaching of all academic disciplines.
The quality of training is not an abstraction, but a system of components, which includes: mastery of scientific knowledge, skills and abilities that underlie general and professional competencies; formation of professional experience in the educational process; nurturing the personality of a specialist both by means of the discipline being studied and by the creative potential of the teacher. The interaction between teacher and student begins during the lecture. It is important to understand that the activity of the methodology lies in the degree of interest of students, in their involvement in the learning process. In this sense, such a discipline as “Theory of State and Law” and “Constitutional Law” has enormous potential. Main
The rule of teaching, in our opinion, is a comprehensive study of the subject of research, a scientific and vivid form of presentation - without ambiguity and uncertainty. The instruction of the always modern V.O. remains relevant. Klyuchevsky: “Teachers are given the floor not to lull their own thoughts, but to awaken someone else’s.” This task can be accomplished by a teacher who strives for self-improvement: “In fact, the educational process consists of the creativity of specific teachers.” The purpose of the lecture is to form the basis for further independent work on the problem; this is a way to activate the student’s mental activity, a means of developing all types of memory: auditory, visual, emotional and even mechanical. A problem-based lecture, a lecture-dialogue, a lecture-conference, a lecture-presentation, which fit well into the teaching of legal disciplines, “awakens” students’ thoughts.
Constructing a scenario for a problem lecture is possible by identifying one or a set of problems and asking the teacher to the students about ways to overcome them. It must be borne in mind that such a lecture takes place successfully in a prepared and small audience. A lecture-conference (seminar), as a rule, is devoted to a topical and debatable problem; it stimulates student activity not only with interest in the topic, but also with grading students for the most successful questions and their discussion.
A presentation has become a common element of accompanying a traditional lecture, but, unfortunately, such a tool is often used only as an additional board with pre-typed text, a diagram, a table, repeating the words of the lecturer. The problem of searching for the actualization of this technology is obvious: there is little modernization in the feverish and not always thoughtful use of electronic technology. Active learning in its most pronounced form is implemented in seminar classes, which allows you to develop: skills of independent work with literature (for law students this includes working with the legal framework); analysis skills; the ability to realistically assess specific life situations that a lawyer has to face in practical activities; teacher feedback to students; creative, professional thinking; students' speech.
Due to the nature of his activity, a lawyer will have to resolve issues based on the laws; he needs to clarify and explain, prove and convince. The main weapon of a lawyer is language, skill
communicate in the form of legal concepts, provisions, situations. Recommendations of the “knight of law” A.F. Horses retain their enduring value today: “You need to know the subject you’re talking about, exactly and in detail... you need to know your native language and be able to use its flexibility, richness and unique turns of phrase..." The creative potential of students is used to the maximum based on their active involvement in the process of independent work on problems of important theoretical and practical significance. A set of independent work, assignments, and exercises in legal disciplines allows for modeling subject and social content of their future professional activities.
The workshop on the theory of state and law, constitutional law, in particular, focuses on the study of the texts of the most important legal documents, works of famous authors, and the latest publications that create the basis for comparing different points of view and one’s own conclusions. For deep assimilation of educational material, it is important to complete creative tasks, draw up diagrams, analyze fragments of sources, write essays, become familiar with the official texts of regulatory legal acts, etc. Seminar classes are varied in nature: seminar-discussion, problem-based seminar, theoretical seminar, seminar-conference.
The choice of lesson form depends on the specifics of the seminar topic, the composition of the student group and its level, but in any case it is necessary to develop students’ critical thinking, that is, the ability to determine one’s position on the issue under discussion and argue for it, distinguish between justified and unfounded conclusions and assessments, highlight cause-and-effect relationships, “revise” existing knowledge in accordance with new information, etc. Creative tasks do not require the reproduction of information, but, first of all, comprehension. Examples of such tasks could be writing an essay, students creating presentations on the topic of the seminar, comparative analysis of the content of legal monuments, etc. The main criterion for the formation of the professional activity component of a lawyer is his ability to independently resolve possible legal situations. The main task is to develop skills in applying legislative provisions in practice. This goal is most effectively achieved through the use of specific legal incidents(legal tasks).
Students delve much more actively into the content of regulatory legal acts when they are faced with the need to apply them to solve a specific incident. In this case, the rule of law is internalized almost forever, since it was not just memorized, but “passed through.” By solving a practical case, the student himself “creates law”, creating a model of a legal solution to the problem.
Problem solving can take place both in the classroom, during a practical lesson, and at home. In both cases, solving a problem acts as a form of control of independent work, as it illustrates the student’s ability to apply theoretical knowledge to solve a specific life situation. When assessing the solution to a problem, the following are taken into account: understanding the logic of a specific document; the ability to navigate it; the degree of proficiency in regulatory material and, importantly, the ability to conduct a competent legal qualification of the situation. It is also of interest to students to compile their own tasks on course topics. As a result, the object pedagogical activity becomes its active subject. The essential characteristics of legal education are not only personal orientation, but also its comprehensive, interdisciplinary and integrated nature. It is important to remember that new forms (methods) aimed at developing professionally important qualities of a student must be applied, firstly, in the system, and secondly, in the complex of all disciplines studied. “Fragmentation” and “selectivity” can neutralize the meaning and significance of the applied teaching model. Improving the vocational education system based on contextual learning is a multifaceted, complex process and is manifested in a skillful combination of traditional and innovative methodological techniques. The criterion for the effectiveness of selection is the level of development of general and professional competencies of students who are able to act creatively in modern conditions. I believe that at the moment, students of our institute can use a fairly wide range of lecture material, as well as direct contact with practical teachers, which has a very large contribution to the formation of practical skills in future specialists, and current students.
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Kuzmenko N.I.
FORMATION OF CORPORATE CULTURE OF AN EDUCATIONAL ORGANIZATION
Voronezh Economics and Law Institute
Key words: corporate culture, educational organization, external environmental factors, internal environmental factors.
Abstract: the article discusses the issues of forming the corporate culture of an educational organization. In modern development conditions, the effectiveness of educational organizations depends on the correctly chosen corporate culture. Despite the uniqueness of educational organizations in modern world they have the right to form their own corporate cultures. The choice of an effective corporate culture depends on the goal, mission, strategy and stage of development of the educational organization, as well as on the characteristics of the internal culture of the organization.
Keywords: corporate culture, educational organization, external environmental factors, internal environmental factors.
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