DIFFERENTIATED APPROACH TO THE CONTENT AND VOLUME OF FORENSIC MEDICAL KNOWLEDGE IN COMPETENCES OF DIFFERENT SUBJECTS OF LEGAL PROCEEDING

Author(s):  
INESSA PANCHENKO ◽  
◽  
IRINA PEREPECHINA ◽  

Aim of the article: to conduct a legal analysis of a differentiated approach to the content and volume of special forensic medical knowledge in the competence of various subjects of legal proceedings for their effective implementation of the norms of criminal procedure and other legislation, as well as of the educational context, within which preparation for professional activities requiring a certain the scope of the relevant competencies is conducted. Conclusions. The article deals with the requirements for the competence in the field of forensic medicine of various subjects of legal proceedings. Expert consciousness (as an integral system of expert thinking, expert knowledge, expert intuition, etc.) is attributed to the special competence of medical persons professionally knowledgeable in the field of forensic medicine. The lawyers participating in the proceedings are assigned an integrating and coordinating role, which requires general competence in forensic medicine, in particular, awareness of the modern possibilities of forensic medical examination and other forms of procedural and non-procedural application of forensic medical knowledge. The specified differentiated approach to the scope of competences of various subjects of the legal process does not imply any consolidation, interchangeability, but directly stipulates the need for goal-setting cooperation within the framework of a strict separation of the procedural roles assigned to these subjects, the integrity of the system of expert consciousness with the separation from it of the minimum necessary elements of forensic medicine knowledge sufficient to implement the procedural role of the investigator and other procedural ones. The consequences of the gaps are predictably negative in the education of lawyers, in particular, investigators, prosecutors, advocates and judges, caused by the absence of the discipline “Forensic medicine” in the basic (compulsory) part of the federal state standard of higher professional education in the field of “Jurisprudence”. The formation of an effective model of cooperation seems to be of current interest between subjects of legal proceedings with considering the establishment of differentiated requirements for the volume and content of forensic medical competencies. The complex structure of forensic competences, qualification requirements for forensic medical experts, the peculiarities of the education of medical specialists - should be taken into account by the subjects of the investigation, the court when involving forensic experts and other doctors to participate in the proceedings. It is necessary to change the wording of Art. 178 of the Criminal Procedure Code of the Russian Federation: «with the participation of a forensic medical expert, and if one’s participation is impossible, - for a doctor» to the wording: «with the participation of a forensic medical expert, and if his participation is impossible, - for another doctor».

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.


2021 ◽  
Author(s):  
Al'fiya Akmalova

The actual problems of municipal law in Russia are considered taking into account the peculiarities of master's degree training at the university, which provides for both the presence of a system of students with certain knowledge in the field of jurisprudence, including the main institutions of municipal law, and their significant focus on research work. Special attention is paid to the consideration of the main amendments and additions to the current legislation on local self-government, discussions that accompany the improvement of legislation and law enforcement practice. The electronic educational and methodological appendix to the textbook includes an approximate work program and educational and methodological materials for independent work on the study of the discipline, as well as lectures and presentations. Meets the requirements of the federal state educational standards of higher education of the latest generation. For students of educational institutions of higher education studying in the field of training 40.04.01 "Jurisprudence", as well as for graduate students, students of the system of additional professional education and teachers, all those who are interested in the problems of the development of municipal law, the theory of local self-government and the practice of state and municipal management.


2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.


Author(s):  
R.A. Almaev ◽  

The possibilities of using distance learning on the Internet are considered with the fulfillment of the requirements of the Federal State Educational Standard of Higher Professional Education to the learning out-comes according to the indicators established in the discipline programs - to know, be able, and have skills. It is noted that distance learning, being accessible to users, does not have an evidence base for its effectiveness in ensuring the quality of education. In universities with a technological focus, the creation of an educational environment that meets the established requirements is impossible with distance learning. As an additional educational resource, it can be used in organizing students' independent work, studying optional courses, in DPO centers (retraining, professional development).


2021 ◽  
Vol 10 (3) ◽  
pp. 230-234
Author(s):  
Ekaterina Sergeevna Dorozhkina

The paper considers the concept of professional formation and its projection on the professional training and professional activity of the prospective teacher through the concepts of formation and development. As a result of the analysis of existing views on the phases, stages and periods of professional formation, the main ones were identified, which are due to the time frame - the period before choosing the institution where professional training will be carried out, the actual professional education and the period of it. Having analyzed the set of competencies (subject, general pedagogical, professional-communicative, managerial, innovative, reflective) provided by the Federal State Educational Standard in relation to the teachers profession, as well as referring to the models of Hard-skills and Soft-skills, we identified indicators (skills) of the professional development of the prospective teacher and invited the 3rd-year students of the Institute of Russian Language and Literature of the Volgograd State Socio-Pedagogical University to evaluate these skills in the order of their significance. The assessment was carried out on a 5-point scale, where 1 point is an absolutely insignificant indicator, 2 - rather insignificant, 3 - rather significant, 4 - significant, 5 - very significant. As a result, we were able to build their gradation and divide them by areas, as well as allocate 3 levels in the process of professional development. Taking into account these levels, we considered how the educational environment can influence the professional development of future teachers through educational, extracurricular activities and through the environment.


Author(s):  
I.E. Rakhimbaeva ◽  
A.M. Bashlykov

The article deals with the problem of improving the quality of professional training of cadets of military educational institutions of higher professional education of the National Guard troops of the Russian Federation (hereinafter referred to as military universities of the VNG RF), the solution of which determines the level of security of the Russian Federation. In connection with the changes that have occurred in the educational process on the basis of the requirements of the Federal State Educational Standard of Higher Education 3 ++, as well as in the structure of the troops, the need to revise the content of military education, as well as the choice of more effective methods for its implementation, has been identified. After analyzing the current state of affairs, the possibilities of frame methods were studied, the main advantage of which is the intensification of the educational process through the structuring of educational information. The authors have developed frame schemes, the effectiveness of which has been tested experimentally. All this made it possible for the teacher to devote more time to explaining the educational material of a lesson, eliminating the excessive amount of information, and for the cadets - to study the subject in more detail, to comprehend the information received, and then apply these methods in their future professional activities when training the personnel of their unit in the army.


Author(s):  
Евгений Рябков ◽  
Evgeniy Ryabkov ◽  
Алексей Зайцев ◽  
Aleksey Zaycev

The article deals with the historical aspect of the requirements to the indictment in the Russian legal proceedings in the 19th century, analyzes the points of view of leading scientists in modern realities, draws Parallels of continuity and determines the patterns in the development of the criminal process. The article also analyzes the current state of the return of criminal cases by courts at the regional level on the grounds of violations of criminal procedure legislation in the preparation of indictments.


Author(s):  
D. V. Pekushkina

The article analyses characteristic changes of civic and patriotic component in the modern world and notes characteristic features and problems in forming civic consciousness of university students. The author gives special attention to bringing up a citizen in the context of modernizing the system of education and studies the main aspects of building civic competence in students of international relations. The article further considers the correlation between the concepts of "civic consciousness" and "patriotism" at the present stage within the framework of professional training of international relations specialists who stand for state interests, and presents a historical survey of building civic consciousness in future diplomats at the Collegium of Foreign Affairs in the 18th-19th-century Russia. The author stresses the importance of building up civic responsibility and legal consciousness as a reflection of state interests. The author determines and gives solid grounding to the role of civic competence in the professional training of future international relations specialists in accordance with the Federal state education standards of higher education (3rd edition) showing the necessity of developing high professional responsibility based on axiological and spiritual values. The writer comes to the conclusion that it is necessary to study the philosophical, psychological and pedagogical aspects of the process of forming civic consciousness of international relations specialists.


Author(s):  
Andrey Mikhailovich Dolgov

The paper deals with the implementation of such a principle of criminal procedure as the adversarial nature of the parties, in relation to the modern con-ditions of digitalization of legal proceedings. The relevance of this topic is explained by the fact that the current stage of development of public relations, characterized by the significant digitalization of communication links, in turn, is reflected in changes in legislation in General, and criminal proceedings in particular. At the same time, competition is one of the fundamental principles of this branch of law, the application of which should also be reflected in changes in legislation. In the course of the work, the criminal procedure norms regulating these issues, statistical data on the work of courts of General ju-risdiction, opinions and positions of leading proce-dural scientists in Russia and foreign countries (the Republic of Kazakhstan, Germany) were examined. As a result of the conducted research, the conclu-sion is made about the impact of the development of digitalization of criminal proceedings on the prac-tical application of the principle of adversarial par-ties.


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