scholarly journals LAW ENFORCEMENT COMPETENCE OF A FUTURE LAWYER: CONCEPT, STRUCTURE, AND COMPOSITION

2021 ◽  
Vol 57 (3) ◽  
pp. 49-58
Author(s):  
V.A. Adolf ◽  
◽  
S.V. Shirokokh ◽  
Keyword(s):  
Law Enforcement ◽  
Professional Competence ◽  
Statistical Processing ◽  
Component Composition ◽  
Professional Activity ◽  
Legal Norms ◽  
Educational Standard ◽  
Composition Law ◽  
The Law ◽  
The Concept Of Law

Statement of the problem. The current stage of the development of higher education in the Russian Federation is inextricably linked with the systematic renewal of all elements of the education system, which is based on innovative pedagogical technologies that reflect the changes taking place in the fields of culture, economics, law, science, and technology. Innovative processes in the life of the state and society impose new requirements on the legal community as one of the foundations of a democratic rule of law state, as well as on educational institutions implementing professional educational programs of higher legal education. Therefore, there is a need to update the content of the professional competence of a lawyer, which should be formed among students as a result of mastering the educational program. A graduate of a law institute at the beginning of his professional activity should be ready to solve various legal situations, usually related to the application and implementation of legal norms. However, often in the process of studying at a university with a significant amount of professional knowledge taught, due attention is not paid to the development and consolidation of professional skills, primary experience of professional activity, including the field of law enforcement. The lack of research in pedagogical science, the object of which would be the law enforcement competence of a future lawyer as an integral part of professional competence, determined the relevance of this study. The purpose of the article is to determine the essence and structure of law enforcement competence, as well as its place in the professional activity of a lawyer. The article analyzes the correlation of the concepts of “professional” and “law enforcement” competence of a lawyer from the positions of various approaches, justifies the expediency of allocating the law enforcement competence of a future lawyer as an integral part of professional competence according to the Federal Educational Standard 40.03.01 Jurisprudence. Methodology (materials and methods). Analysis of the works of Russian and foreign researchers on the problem of training specialists in the field of jurisprudence; analysis of normative legal acts regulating the field of education, analysis and synthesis of the authors’ experience in training students of the appropriate specialization, as well as a survey of employers as representatives of the labor market made it possible to determine the special place of law enforcement as a type of activity in the structure of professional competence of a lawyer, as well as the component composition of law enforcement competence. Research results. The article provides an analysis of educational standards in the field of jurisprudence, substantiates the expediency of distinguishing law enforcement competence as an integral part of the professional competence of a lawyer, suggests the authors’ formulation of the concept of “law enforcement competence of a future lawyer”, and also defines its component composition. Law enforcement competence is characterized as a necessary type of activity aimed at forming the professional competence of a lawyer. Based on the general characteristics of modern professional tasks and related labor functions, which a future lawyer should be ready to perform, it is concluded that it is necessary to create special conditions aimed at forming the law enforcement competence of a future lawyer. Conclusion. At present, there is statistical processing of data obtained during a pedagogical experiment on the implementation of organizational and pedagogical conditions for the formation of law enforcement competence among future lawyers studying at a university. This experiment was conducted in the Law Institute of the Krasnoyarsk State Agrarian University.

scholarly journals ОПЕРАЦИЯЛЫҚ ІЗДЕУ ҚЫЗМЕТІНІҢ ЗАҢНАМАЛЫҚ РЕТТЕУЛЕРІН ЖАҚСАРТУ ЖОЛЫМЕН ҚЫЛМЫСҚА ҚАРСЫ КҮРЕС МӘСЕЛЕЛЕРІН ШЕШУ

2021 ◽  
pp. 163-169
Author(s):  
Ахметкали Шаймуханов
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Legal Norms ◽  
Legal Literature ◽  
The Law ◽  
The Republic ◽  
Analysis And Study

В статье рассматриваются и анализируются некоторые положения действующего оперативно-розыскного законодательства Республики Казахстан. На основе сравнительного анализа и изучения юридической литературы поднимаются проблемы, возникающие в правоприменительной деятельности при реализации отдельных положений закона. Автором вносятся предложения и рекомендации по совершенствованию правовых норм, направленные на решение задач, связанных с профилактикой, предупреждением и пресечением наиболее опасных уголовных преступлений. Мақалада Қазақстан Республикасының қолданыстағы жедел-іздестіру заңнамасының кейбір ережелері талқыланып, талданған. Салыстырмалы талдау және заң әдебиеттерін зерттеу негізінде заңның белгілі бір ережелерін жүзеге асыру кезінде құқық қорғау органдарында туындайтын проблемалар көтеріледі. Автор аса қауіпті қылмыстық құқық бұзушылықтардың алдын алуға, алдын алуға және жолын кесуге байланысты мәселелерді шешуге бағытталған құқықтық нормаларды жетілдіру бойынша ұсыныстар мен ұсыныстар енгізеді. The article discusses and analyzes some of the provisions of the current operational-search legislation of the Republic of Kazakhstan. Based on comparative analysis and study of legal literature, the problems arising in law enforcement activities in the implementation of certain provisions of the law are raised. The author makes suggestions and recommendations for improving legal norms aimed at solving problems related to the prevention, prevention and suppression of the most dangerous criminal offences.

Some aspects of studying public opinion of the population of the Orel region of activities of the Department of Internal Affairs

2016 ◽  
Vol 11 (4) ◽  
pp. 46-53
Author(s):  
Гаврилин ◽  
Sergey Gavrilin
Keyword(s):  
Public Opinion ◽  
Law Enforcement ◽  
Data Structures ◽  
Professional Competence ◽  
Sociological Research ◽  
Administrative Practices ◽  
Immoral Behavior ◽  
The Law ◽  
Internal Affairs

The article presents the results of sociological research reflecting opinion of the citizens of the Orel region on the activities of the law-enforcement bodies. It is shown that the lack of professional competence, immoral behavior of workers, the violation of laws by them, indifference to people, poor culture of communication reduce the credibility of law-enforcement bodies. It is determined that the inclusion of public opinion in the system of adjustments of the administrative practices of the law-enforcement bodies is aimed at increasing the credibility of the data structures among the population. Some recommendations to increase the level of population confidence of the region to the law-enforcement bodies are suggested.

Interstitial rules and the contested application of human rights law and the laws of war in counterterrorism

2016 ◽  
Vol 5 (2) ◽  
pp. 207-237 ◽  
Author(s):  
MICHAEL E. NEWELL
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
War On Terror ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Laws Of War ◽  
Legal Norms ◽  
Drone Strikes ◽  
The Law

Abstract:The laws of war and international human rights law (IHRL) overlap, often with competing obligations. When two or more areas of the law overlap, political agents attempt to address these areas of ambiguity with interstitial rules. However, a lack of consensus on interstitial rules can destabilise the law, leading to increased contestation of legal norms and principles. Such is the case for international law in counterterrorism. Prior to the 11 September 2001 attacks (9/11), international agreements and US domestic practices placed counterterrorism within the framework of law enforcement. After 9/11, the Bush Administration replaced law enforcement with armed conflict and the laws of war as the dominant paradigm for counterterrorism, but this decision, among other legal justifications in the War on Terror, has been contested by the international legal community. As IHRL still applies in law enforcement operations, international law in counterterrorism now sits within a contested overlap of IHRL and the laws of war. The contestation of US policies in the War on Terror, including the use of drone strikes in particular, is a product of this unresolved overlap and the lack of clear interstitial rules. Lacking these rules, US counterterrorism policies risk undermining the rule of law.

scholarly journals General issues of the exercise of jurisdiction in the process of application of law enforcement measures at sea

2020 ◽  
pp. 106-118
Author(s):  
A. P. Glazova
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Research Process ◽  
The State ◽  
Customary Law ◽  
Research Approach ◽  
Legal Norms ◽  
Application Of Law ◽  
Territorial Jurisdiction ◽  
The Law

INTRODUCTION. Currently, states can apply a whole range of law enforcement measures at sea in order to prevent such unlawful phenomena as piracy, slave trade, drug trafficking, migrant smuggling, etc. However, the problem of the exercise of jurisdiction by states within various maritime areas is the main sticking point during the implementation of these measures. In an attempt to exercise the law enforcement function at sea, the state can't ignore the fact that its ability to create legal norms and ensure their effective implementation depends not only on its will as a sovereign, but also on the restrictions imposed by international law. Therefore, maintaining a balance between limiting the “territorialization” of maritime areas and the need to carry out a law enforcement function logically entails the need to determine the nature and content of the concept of “jurisdiction of the state” within different maritime areas, as well as to identify specific features of this legal category. The present article focuses on this and other related issues.MATERIALS AND METHODS. Historical and comparative analysis along with dogmatic research approach were used in the research process and the entire research is well grounded in focusing on the norms of international treaty law and customary law. In addition to that this research focuses on the norms of national law governing issues related to the application of law enforcement measurement at the sea. Apart from those given material and methodical inputs, the doctrinal works of the relevant jurists have been used in this research.RESEARCH RELULTS. The author comes to an alternative conclusion that territorial jurisdiction within the maritime territory is not absolute, which is due, apparently, the principle of freedom of the high seas which have a longer support by the international community. The definition of jurisdiction as extraterritorial is not self-sufficient, since in case of conflict of jurisdictions, additional legal criteria are required to resolve such a conflict. The classification of extraterritorial jurisdiction depending on the principles on which it is based also does not solve the problem, since some principles, such as protective or universal, in turn, require additional criteria in order to become a self-sufficient tool to overcome legal uncertainty. The author notes that the ability to exercise territorial jurisdiction within maritime areas, as a rule, determines the ability to exercise legislative and executive jurisdiction, which are also not absolute. The exercise of extraterritorial legislative or executive jurisdiction at sea is potentially permissible only on the basis of international law to solve a specific function, for example, law enforcement.DISCUSSION AND CONCLUSION. The main problem of the varieties of jurisdiction proposed by in- ternational legal science is that each of them only supplements each other, describing a possible choice, but not explaining why a particular choice should be preferred in case of conflict. It is obvious that current uncertainty has created some severe impacts upon the institution of law enforcement measures at sea as a result of the absence of standards for enforcement measures that could make a balance to the mechanism. Hence the law enforcer has to be cautious with a number of factors in deciding the implementation of law enforcement measures within the sea.

scholarly journals Using the electronic portfolio as a means of formation the foreign language communicative competence when training future tutors-teachers

2021 ◽  
Vol 52 (4) ◽  
pp. 492-505
Author(s):  
Larisa E. Babushkina ◽  
◽  
Natalia A. Sergeeva ◽  
Olga S. Rubleva ◽  
Irina A. Tyutyunnik ◽  
...  
Keyword(s):  
Foreign Language ◽  
Professional Competence ◽  
Communicative Competence ◽  
Statistical Processing ◽  
Electronic Portfolio ◽  
Professional Activity ◽  
Chi Square ◽  
Research Activities ◽  
Language Communication ◽  
Electronic Learning Environment

The problem and the aim. Intercultural, foreign language communication is an integral part of the modern electronic learning environment. The professional competence of the future teacher as a subject of information interaction is manifested in the ability and readiness to speak a foreign language while performing official duties, in research activities, for self-realization. The authors propose to use the capabilities of the electronic portfolio for the formation of foreign language communicative competences of students of pedagogical training programs in the information educational space. Research methods. Theoretical analysis and generalization of scientific literature were used to determine the components of the foreign language communicative competence, the content and structure of the electronic portfolio. The method of pedagogization of the information technology, group interaction, assessment by external experts, mutual assessment and self-assessment are used for designing and scaffolding of the electronic portfolio with digital tools. The experiment involved 64 students of the Vyatka State University of the training program 44.03.01 Pedagogical education (bachelor level). The software is the Tilda service (https://tilda.cc/ru/). As a method of statistical processing of the experimental data, the χ2 (chi-square) Pearson test was used. Results. In the experimental group, future tutors-teachers used Tilda tools to determine the structure and content of the electronic portfolio (categories, sections, projects), which was subsequently provided for discussion and analysis by other students, external experts. The assessment of the levels of formation of the foreign language communicative competence was carried out and statistically significant differences in the qualitative changes that occurred in the pedagogical system were revealed, χ2obs. 2 > χ2crit0.05 (7,07 > 5,99). In conclusion features of designing and using electronic portfolios, implemented on the Tilda platform to present achievements in the foreign language communicative, educational, cognitive, professional activity are summarized.

scholarly journals Features of bringing drivers to administrative responsibility under art. 124 of the Code of Ukraine of Administrative offences in the context of damage of a component of road service objects: problems and solutions

2021 ◽  
Vol 1 (1) ◽  
pp. 138-143
Author(s):  
Rostyslav Molchanov ◽  
Maksym Shevyakov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Police Officers ◽  
Fundamental Principle ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Applicable Law ◽  
Problems And Solutions ◽  
The Law ◽  
Substantive Law

The dynamic development of social relationships, in particular on transport, requires immediate and timely regulatory and legal improvements. First of all, it is necessary to prevent violation of the Constitution by law enforcement agencies and laws of Ukraine in the process of law enforcement. Very often the representatives of Themis, due to the normative unregulated aspects of public relations, apply the existing legal norms of the law, which in certain unprecedented circumstances of the case are not applicable, although they are, at first glance, true. Existing gaps in regulations violate the fundamental principles of responsibility of the perpetrators in particular, the principle of "inevitability of punishment", which is the beginning of the formation in society of nihilistic sentiments, stereotypes of anomie. In this work, we will consider the facts of non-compliance by courts with the task of proceedings in cases of administrative offenses in the field of road safety the central of which is non-compliance with the resolution of the case in strict accordance with the law, and also the ways to resolve this issue. Making detailed analysis of situations regarding breakaway (damage) of the refueling pistol at the gas station by drivers of vehicles due to the vital factors (inattention, haste, etc.) we find out the defects in law enforcement activities of police officers who at the scene of the accident qualify the actions of the perpetrator as a traffic accident. After the procedural registration of this delict, the materials of the administrative case, according to the jurisdiction, are sent for consideration to the court of first instance, where judges incorrectly operate the rules of applicable law, erroneously apply substantive law and violate procedural rules. The consequence of this is a violation of the fundamental principle of "rule of law", the provisions of which are enshrined in in Art. 8 of the Constitution of Ukraine.

scholarly journals Activities of Detective Units in the National Police of Ukraine: Current Status and Perspectives

2021 ◽  
Vol 81 (2) ◽  
pp. 149-153
Author(s):  
O. P. Zavorina ◽  
O. V. Fomin
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Private Detective ◽  
Procedural Code ◽  
The Law ◽  
National Police

Ukrainian law enforcement agencies are undergoing a long-term transformation from a system of punitive law enforcement agencies to European-style law enforcement agencies, which should focus on providing services to the population and respecting human rights. One of the areas of the reform was the introduction of the Detective project in the National Police of Ukraine. It should be noted that detective work in Ukraine is a new type of professional activity. However, it should be noted that legal regulation of detective work of both civil servants (law enforcement detectives) and private detectives is absent in Ukraine, although in many countries around the world private detective work is legalized and benefits society. The adoption of the Law "On Private Detective Activity" will allow to establish proper state control over this type of activity at the legislative level and will legalize private detective activity, which is actually carried out, is in demand and recognized by society. However, there is an indisputable opinion in Ukraine that law enforcement activities can be performed exclusively by state structures. And the introduction and operation of private detectives will put an end to the state monopoly in this direction. However, there are also positive points: first of all, several thousand private detective agencies and private detectives must come out of the shadow, pay taxes, report to the police about criminal offenses that are being prepared or committed, provide intelligence, etc. Based on the above, we conclude that legislative regulation of such activities is required for the full work of police and private detectives, including amendments to the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Investigative Activities", departmental orders and instructions, in particular, to the Instruction on the organization of interaction of pre-trial investigative agencies with other agencies and units of the National Police of Ukraine in preventing criminal offenses. detection and investigation, approved by the order of the Ministry of Internal Affairs of Ukraine dated from July 7, 2017, No. 575.

scholarly journals Law as Culture? Culturalist Perspectives in Legal Theory and Theory of Methods

2017 ◽  
Vol 18 (2) ◽  
pp. 255-270
Author(s):  
Franz Reimer
Keyword(s):  
Conceptual Framework ◽  
Legal Theory ◽  
Legal Culture ◽  
Cultural Practice ◽  
The Other ◽  
Legal Norms ◽  
The Law ◽  
Fact Finding ◽  
The Concept Of Law ◽  
Traditional Approaches

This Article questions in what sense law in the German tradition has been—and can still be—considered a form of culture. The Article offers an overview of traditional approaches to law and culture in German Legal Theory and the Theory of Methods, and argues that the law has shifted from being perceived as culture during the nineteenth and early twentieth centuries to being in contrast with culture, which is considered the “other” of the law. Mediated by “legal culture,” the discourse pendulum has swung back to the notion of “Law as Culture” during the last three decades. Thomas Gutmann, the German lawyer, has fiercely challenged equating law with culture, describing it as “murky” and irrelevant. Similarly, the concept of “Law as Culture” is questioned by the provocations of “Law and Affect.” This Article claims that, irrespective of conceptual framework trends, applying the law remains a highly challenging cultural practice in terms of both fact-finding and interpreting legal norms.

scholarly journals THE APPLICATION OF LAW, GOING TO THE LAW ENFORCEMENT (AN ANALIZYNG OF THE RIIL SCIENTIFIC)

2018 ◽  
Vol 5 (2) ◽  
pp. 134
Author(s):  
Faisol Azhari
Keyword(s):  
Law Enforcement ◽  
Social Policy ◽  
Social Welfare ◽  
Social Phenomena ◽  
Legal Norms ◽  
Application Of Law ◽  
The Social ◽  
The Law

Law or law order are not made to be observed and to be logical rational study only but to be done. Of course the application of law in society gets concretization proccess where the regulation of general and abstract normative law given for special, concrete and casuistic problems. It is not enough to implement limitted law on legal norms only normatively in societ, we have to observe more on social phenomena to implement the law flexibly. The implementation of law which is able to creat efective communication between the members of society, and not release from the final objective or the main goal of the legal politic namely to reach social welfare and protection as the integral part of the social policy, that is the implementation of law into the law enforcement.

scholarly journals FORMATION OF PROFESSIONAL COMPETENCE OF A TOURISM MANAGER

2021 ◽  
Vol 31 (4) ◽  
pp. 454-462
Author(s):  
L.V. Akat’eva ◽  
E.R. Rogozina
Keyword(s):  
Online Survey ◽  
Professional Competence ◽  
Professional Community ◽  
Academic Community ◽  
Professional Competencies ◽  
Professional Activity ◽  
Federal State ◽  
Target Groups ◽  
Educational Standard ◽  
State Educational

The article presents the results of a study conducted on the basis of the INCD "Udmurt State University" in the "Tourism" course. The purpose of this research was to study key general and professional competencies presented in the Federal State Educational Standard SPO 43.02.10 in the "Tourism" course. The research is based on the Tuning methodology, which orients educational organizations to coordinate the results of education with three target groups: representatives of the academic community (teachers), the professional community (employers) and graduate students. Social partnership allows you to take into account the specifics of the regional labor market and the demands of employers, which is a regulatory requirement of the Federal State Educational Standard. The main research method is online survey. On the results of the online survey, the authors carry out the analysis of the severity of indicators of the importance of competencies for the professional activity of a graduate on a 4-point scale; competencies are ranked according to the degree of importance for each target group. In general, the graduate's competencies in the Federal State Educational Standard SPO 43.02.10 are highly appreciated by representatives of all target groups. Average assessment of the importance of general competencies - 3.33 points; professional competencies - 3.22 points. The opinions of representatives of the academic and professional communities are more consistent, their assessments of the composition of the GEF competencies are higher than those of students. The study also showed that certain competencies are either overestimated or underestimated by groups of respondents.

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