Pub Date : 2021-01-01DOI: 10.54072/26586568_2021_4_2_29
I. Morozikova, A. Bychkova
{"title":"FEATURES OF PEDAGOGICAL WORKERS AND STUDENTS’ ADAPTATION FOR DISTANCE LEARNING","authors":"I. Morozikova, A. Bychkova","doi":"10.54072/26586568_2021_4_2_29","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_29","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"24 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75895791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.54072/26586568_2021_4_2_66
V. A. Romanenko, E. Obukhova, L.A. Galygina
{"title":"COMPETENCE OF PARENTS AS PARTICIPANTS OF EDUCATIONAL PROCESS","authors":"V. A. Romanenko, E. Obukhova, L.A. Galygina","doi":"10.54072/26586568_2021_4_2_66","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_66","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"47 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82080475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17072/1995-4190-2021-54-790-801
J. Podgórska-Rykała, M. Kępa
Introduction: the article deals with policy in the field of mental well-being of children and adolescents in Poland. Special attention is paid to the country’s educational law and the tasks that face the entities constituting the Polish educational system in terms of taking effective measures to protect mental health of children and adolescents, including health promotion, prevention of mental disorders and the provision of care for people with mental aberration. Purpose: the article aims to identify and discuss some aspects of policy on mental wellbeing of children and adolescents in Poland. Methods: the complex and interdisciplinary nature of the issue in question determined the methodological framework of the study. The authors employ methods traditionally used in research on public policies, such as political analyses of processes, methods used by researchers in the field of law, administration and economics. The main research tool in this study is the analysis of political public contexts which occur in the administration and enforcement of law. A functional system analysis is employed as an auxiliary tool. Results: despite the fact that the discussion on maintaining the mental well-being of children and adolescents has been taking place for many years, and that the educational law system and health policy, including its elements related to mental health, cover many aspects being of fundamental significance to the issue in question, practice shows that that there are still systemic and institutional deficiencies in this field. Conclusions: mental health promotion and mental disorder prevention in children and adolescents cannot be treated as separate activities, but they require a holistic, systemic, and hence horizontal approach. These activities must be integrated into a unified prevention policy at all decisionmaking and operational (executive)levels.
{"title":"A FOUNDATION AS A LEGAL INSTITUTION UNDER POLISH LAW","authors":"J. Podgórska-Rykała, M. Kępa","doi":"10.17072/1995-4190-2021-54-790-801","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-54-790-801","url":null,"abstract":"Introduction: the article deals with policy in the field of mental well-being of children and adolescents in Poland. Special attention is paid to the country’s educational law and the tasks that face the entities constituting the Polish educational system in terms of taking effective measures to protect mental health of children and adolescents, including health promotion, prevention of mental disorders and the provision of care for people with mental aberration. Purpose: the article aims to identify and discuss some aspects of policy on mental wellbeing of children and adolescents in Poland. Methods: the complex and interdisciplinary nature of the issue in question determined the methodological framework of the study. The authors employ methods traditionally used in research on public policies, such as political analyses of processes, methods used by researchers in the field of law, administration and economics. The main research tool in this study is the analysis of political public contexts which occur in the administration and enforcement of law. A functional system analysis is employed as an auxiliary tool. Results: despite the fact that the discussion on maintaining the mental well-being of children and adolescents has been taking place for many years, and that the educational law system and health policy, including its elements related to mental health, cover many aspects being of fundamental significance to the issue in question, practice shows that that there are still systemic and institutional deficiencies in this field. Conclusions: mental health promotion and mental disorder prevention in children and adolescents cannot be treated as separate activities, but they require a holistic, systemic, and hence horizontal approach. These activities must be integrated into a unified prevention policy at all decisionmaking and operational (executive)levels.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"7 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82375336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17072/1995-4190-2021-52-372-393
O. Maximov
Introduction: this paper studies motions and complaints in the context of criminal procedure in the Russian Federation. Purpose: to determine the place of the right to file motions and complaints in the structure of rights of persons involved in criminal proceedings, in the system of human rights, the place of motions and complaints in the criminal procedure form, their role in achieving the purpose of criminal procedure. Methods: system analysis, formal and dialectical logic, interpretation of legal norms, comparative historical method, comparative legal method. Results: the sole purpose of criminal procedure is to protect rights and lawful interests of persons involved in criminal proceedings. The scope and the very existence of the legal institution of motions and complaints directly depend on the current purpose of procedure. This legal institution is a regulatory implementation of the right to appeal against procedural actions and decisions, which is among the ‘law-enforcement’ principles that currently determine the form (type) of criminal procedure. The scope of this principle includes both complaints and motions. The right to file motions and complaints serves to ensure that substantive rights can be exercised and also has its individual significance among other inalienable human rights as an element of the ‘right to a right’. The right to file motions and complaints is enshrined in international acts on human rights. The principle of the right to appeal against procedural actions and decisions is the most important guarantee of the purpose of criminal proceedings being achieved, a mandatory component of the criminal procedure form. The right to file motions and complaints consists in legal entitlement to bring into action the state apparatus with the aim of the applicant’s procedural interest being satisfied. Conclusions: the right to file motions and complaints is a key right for building criminal procedure relations aimed at protecting the rights and freedoms of persons involved in criminal proceedings.
{"title":"The Place of Motions and Complaints in Modern Criminal Procedure","authors":"O. Maximov","doi":"10.17072/1995-4190-2021-52-372-393","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-52-372-393","url":null,"abstract":"Introduction: this paper studies motions and complaints in the context of criminal procedure in the Russian Federation. Purpose: to determine the place of the right to file motions and complaints in the structure of rights of persons involved in criminal proceedings, in the system of human rights, the place of motions and complaints in the criminal procedure form, their role in achieving the purpose of criminal procedure. Methods: system analysis, formal and dialectical logic, interpretation of legal norms, comparative historical method, comparative legal method. Results: the sole purpose of criminal procedure is to protect rights and lawful interests of persons involved in criminal proceedings. The scope and the very existence of the legal institution of motions and complaints directly depend on the current purpose of procedure. This legal institution is a regulatory implementation of the right to appeal against procedural actions and decisions, which is among the ‘law-enforcement’ principles that currently determine the form (type) of criminal procedure. The scope of this principle includes both complaints and motions. The right to file motions and complaints serves to ensure that substantive rights can be exercised and also has its individual significance among other inalienable human rights as an element of the ‘right to a right’. The right to file motions and complaints is enshrined in international acts on human rights. The principle of the right to appeal against procedural actions and decisions is the most important guarantee of the purpose of criminal proceedings being achieved, a mandatory component of the criminal procedure form. The right to file motions and complaints consists in legal entitlement to bring into action the state apparatus with the aim of the applicant’s procedural interest being satisfied. Conclusions: the right to file motions and complaints is a key right for building criminal procedure relations aimed at protecting the rights and freedoms of persons involved in criminal proceedings.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"29 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78817244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17072/1995-4190-2021-54-766-789
M. Kratenko, V. Moroz
Introduction: in medical malpractice cases, patients (plaintiffs) or their relatives face serious obstacles in proving the conditions of liability of the health care provider: the fact of a medical error, the harm to health, and the causal link. The inherent informational inequality between the parties (a professional subject v. an ordinary person) and the limited accessibility of medical records (potential evidence) for the patient encourage the lawmakers and factfinders to deviate from the traditional formula for allocating the burden of proof. Purpose: to identify general trends in the development of judicial practice in medical disputes in Russia, Belarus, and the EU member states; to assess the prospects for the use in Russia and Belarus of evidence- based approaches developed by foreign legal doctrine to better protect patients’ rights. Methods: the authors use the comparative legal research method when dealing with the legislation, case law, and the legal doctrine of Russia, Belarus, the EU member states and other countries. Results: we have formulated a number of proposals for Russian and Belarusian jurisprudence based on international experience: to use the outcome criterion in assessing the quality of routine medical treatments and interventions (Fr. – obligation de résultat); to interpret any defects in medical records (incomplete information, unspecified corrections, etc.) in favor of the patient; to lower the standard of proof when proving the causal link to the preponderance of probabilities.
{"title":"DIFFICULTIES OF PROOF IN MEDICAL MALPRACTICE CASES: A COMPARATIVE ANALYSIS OF THE LAW OF RUSSIA, BELARUS AND THE EU MEMBER STATES","authors":"M. Kratenko, V. Moroz","doi":"10.17072/1995-4190-2021-54-766-789","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-54-766-789","url":null,"abstract":"Introduction: in medical malpractice cases, patients (plaintiffs) or their relatives face serious obstacles in proving the conditions of liability of the health care provider: the fact of a medical error, the harm to health, and the causal link. The inherent informational inequality between the parties (a professional subject v. an ordinary person) and the limited accessibility of medical records (potential evidence) for the patient encourage the lawmakers and factfinders to deviate from the traditional formula for allocating the burden of proof. Purpose: to identify general trends in the development of judicial practice in medical disputes in Russia, Belarus, and the EU member states; to assess the prospects for the use in Russia and Belarus of evidence- based approaches developed by foreign legal doctrine to better protect patients’ rights. Methods: the authors use the comparative legal research method when dealing with the legislation, case law, and the legal doctrine of Russia, Belarus, the EU member states and other countries. Results: we have formulated a number of proposals for Russian and Belarusian jurisprudence based on international experience: to use the outcome criterion in assessing the quality of routine medical treatments and interventions (Fr. – obligation de résultat); to interpret any defects in medical records (incomplete information, unspecified corrections, etc.) in favor of the patient; to lower the standard of proof when proving the causal link to the preponderance of probabilities.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"125 25 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74941779","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.54072/26586568_2021_4_2_75
N.A. Chikalov
{"title":"INFLUENCE OF PARENTING STYLE ON BEHAVIOR AND SOCIAL PSYCHOLOGICAL FEATURES OF CHILD'S PERSONALITY","authors":"N.A. Chikalov","doi":"10.54072/26586568_2021_4_2_75","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_75","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"8 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79635767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17072/1995-4190-2021-53-602-623
V. Bublik, M. Semyakin
Introduction: the problems related to the identity of Russian civil law as considered in connection with the legal culture of civil law are practically unexplored. The purpose of the study was to define the criteria characterizing the identity of Russian civil law and their relevance as well as to present arguments for their application in the conceptualization of the civil law culture. Methods: a variety of research methodologies associated with the consideration of the criteria characterizing the identity of social phenomena as a factor of the national culture conceptualization; a variety of approaches, including philosophical, psychological, sociological, cultural, and historical ones. Results: we have compiled a list of criteria characterizing the civil law identity and correlated with the theoretical concept of ‘civil law culture’, and conducted a monitoring of these criteria on the basis of search queries made in social networking services, platforms and applications such as VKontakte, Twitter, and YouTube. The monitoring results indicate high demand for legal content and information, effective practices of conceptualizing the civil law culture among the users. The interest in the content concerning the civil law culture is associated with the increasing legal consciousness of people, with the current situation characterized by variability and intensive reformation of civil legislation, which entails continuously updating knowledge about legislation. Conclusions: the identity of civil law is represented by a number of aspects, one of which is the civil law culture, possessing educational potential that is significant in the development of personal legal culture, its cognitive and practice-oriented constituents.
{"title":"THE IDENTITY OF RUSSIAN CIVIL LAW IN THE CONTEXT OF CONCEPTUALIZING THE CIVIL LAW CULTURE","authors":"V. Bublik, M. Semyakin","doi":"10.17072/1995-4190-2021-53-602-623","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-53-602-623","url":null,"abstract":"Introduction: the problems related to the identity of Russian civil law as considered in connection with the legal culture of civil law are practically unexplored. The purpose of the study was to define the criteria characterizing the identity of Russian civil law and their relevance as well as to present arguments for their application in the conceptualization of the civil law culture. Methods: a variety of research methodologies associated with the consideration of the criteria characterizing the identity of social phenomena as a factor of the national culture conceptualization; a variety of approaches, including philosophical, psychological, sociological, cultural, and historical ones. Results: we have compiled a list of criteria characterizing the civil law identity and correlated with the theoretical concept of ‘civil law culture’, and conducted a monitoring of these criteria on the basis of search queries made in social networking services, platforms and applications such as VKontakte, Twitter, and YouTube. The monitoring results indicate high demand for legal content and information, effective practices of conceptualizing the civil law culture among the users. The interest in the content concerning the civil law culture is associated with the increasing legal consciousness of people, with the current situation characterized by variability and intensive reformation of civil legislation, which entails continuously updating knowledge about legislation. Conclusions: the identity of civil law is represented by a number of aspects, one of which is the civil law culture, possessing educational potential that is significant in the development of personal legal culture, its cognitive and practice-oriented constituents.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"48 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80451931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.54072/26586568_2021_4_2_12
A. Kaptsov, E. Kolesnikova
{"title":"INFLUENCE OF ATTITUDE TYPES OF UNIVERSITY STUDENTS TO DIGITAL EDUCATIONAL ENVIRONMENT ON INTENSITY OF ITS IMPACT","authors":"A. Kaptsov, E. Kolesnikova","doi":"10.54072/26586568_2021_4_2_12","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_12","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"33 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81290763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.54072/26586568_2021_4_2_48
E. Bogomolova, A. Lavrentieva
{"title":"INTERCONNECTION OF PROFESSIONAL SELF-DETERMINATION SUCCESS AND PROFESSIONAL ACTIVITY MOTIVATION AMONG UNIVERSITY FINAL-YEAR STUDENTS","authors":"E. Bogomolova, A. Lavrentieva","doi":"10.54072/26586568_2021_4_2_48","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_48","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"18 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82487440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.54072/26586568_2021_4_2_20
A.K. Poezzhaeva, N. Isaeva
{"title":"FEATURES OF ORGANIZING RUSSIAN LANGUAGE TEACHING DURING EXTRA-CURRICULAR ACTIVITY IN DISTANCE FORMAT","authors":"A.K. Poezzhaeva, N. Isaeva","doi":"10.54072/26586568_2021_4_2_20","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_20","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"8 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89953088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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