International legal conditions for the legality of using public-private partnership mechanisms in the prevention of crimes related to human trafficking. Department of Civil Law Disciplines
Currently, the department is part of the Law Institute of the Moscow Academy of the Investigative Committee Russian Federation.
Composition of the department:
1. Head of the department, Doctor of Law, Associate Professor, Captain of Justice Leonid Viktorovich Goloskokov.
Quantity scientific works: over 270, including monographs, teaching aids, articles in peer-reviewed journals from the Higher Attestation Commission list, Scopus , 4 Russian patents for inventions.
Area of scientific interests: theory of state and law, political and legal doctrines, information law, legal doctrines and strategies. Goloskokov L.V. is the author of the theory of network law and the doctrine of the virtual state. Member of the Dissertation Council of Moscow State University 12.05.
2. Professor of the department, candidate of legal sciences, associate professor Fioshin Alexander Vladimirovich
Number of scientific papers: over 50, including monographs, textbooks, articles in peer-reviewed journals from the list of the Higher Attestation Commission.
Area of scientific interests: legal regulation of the real estate market, family law, inheritance law.
3. Associate Professor of the Department, Candidate of Legal Sciences Asanov Vladimir Valerievich
Number of scientific papers: over 10, including monographs, articles in peer-reviewed journals from the list of the Higher Attestation Commission.
4. Associate Professor of the Department, Candidate of Historical Sciences Kochanzhi Ivan Danilovich
Number of scientific papers: over 15, including articles in peer-reviewed journals from the Higher Attestation Commission list.
Area of scientific interests: current issues of civil and housing law, current issues of civil procedural law.
5. Associate Professor of the Department, Candidate of Legal Sciences Ragimov Telman Sabirovich
Number of scientific papers: 6, including articles in peer-reviewed journals from the Higher Attestation Commission list.
Area of scientific interests: current issues of civil law, private international law.
6. Senior teacher of the department, candidate of legal sciences Korotkova Olga Valerievna
Number of scientific works: over 25, including monographs, textbooks, articles in peer-reviewed journals from the list of the Higher Attestation Commission.
Area of scientific interests: topical issues of the fight against corruption and other economic crimes, topical issues of financial and tax law.
7. Senior teacher of the department Shibanova Anna Anatolyevna
Number of scientific papers: 9, including articles in peer-reviewed journals from the list of the Higher Attestation Commission.
Area of scientific interests: legal regulation of state and municipal procurement, current issues of financial law.
Main scientific direction departments- research into interdisciplinary connections of civil law, development of scientific ideas and approaches to the formation of the legal foundations of the digital economy.
The main goal of the department – formation of students’ deep and lasting knowledge in the civil legal sphere.
Main tasks of the department:
– training of highly qualified specialists, equipped with knowledge and skills, taking into account modern requirements of Russian legislation;
– stimulating students’ interest in research activities;
– organizing and conducting high level educational and methodological work in the taught disciplines;
– performance scientific research in specialized areas and at the intersection of sciences;
– updating knowledge in the field of private law among current employees of the RF IC – students of additional courses vocational education.
Educational work of the department in the higher education system:
According to the main educational program, the department provides the following academic disciplines:
Specialty:
Arbitration process
Banking Law
Budget law
Civil law
Civil procedural law
Housing law
Land law
Corporate Law and Corporate Governance
Business law
Roman law
Family law
Financial right
Environmental law
International private law
Master's degree:
Current problems of financial law
Civil legislation in investigative activities
Legal regulation of the securities market
Philosophy of law
Provision of educational and methodological material:
At the moment, the department is fully equipped with modern educational and methodological complexes in the disciplines of the main educational program.
Individual work with students:
Main educational program provides for the widespread use of active and interactive forms of learning in the educational process, including the use of technical means. The main goal of introducing various forms of training is to immerse students in an atmosphere of business cooperation to resolve problematic civil legal issues, which is optimal for demonstrating knowledge, skills and abilities as a future employee of the investigative authorities of Russia.
The scientific circle “Civilist” operates on the basis of the department.
Participation of the faculty of the department in scientific events:
February 1, 2018 The first professorial forum organized on the basis Russian University Friendship between nations.
February 16, 2018 International scientific and practical conference “Global environmental safety: current problems of law and practice.”
April 5, 2018 International scientific and practical conference “Legal fate of business in cases of divorce and inheritance”, held as part of the V Moscow Legal Forum organized by the Moscow State Law University named after O.E. Kutafina (MSAL).
May 24-25, 2018 V International Scientific Congress “Theory and Practice of Entrepreneurship Development: modern concepts, digital technologies and an effective system."
May 31, 2018 All-Russian scientific and practical conference “Combating tax crime.”
September 12-13, 2018 International scientific and practical conference “Greater Eurasia: national and civilizational aspects of development and cooperation.”
October 31, 2018 II Interuniversity scientific and practical conference “Public legal means of economic and financial efficiency.”
November 28, 2018 joint XIX International Scientific and Practical Conference and XV International Scientific and Practical Conference “Kutafin Readings”, “The Constitution of the Russian Federation and the Modern Legal Order”.
December 13, 2018 International scientific and practical conference “Procedural and organizational and legal features of interaction between preliminary investigation bodies and bodies carrying out operational investigative activities: problems and ways to solve them.”
December 20-21, 2018 XVIII International Scientific Conference “Modernization of Russia: priorities, problems, solutions.”
February 6, 2019 Russian professorial meeting, held on February 6, 2019 at the RUDN University and on February 7, 2019 in the Hall of Columns of the House of Unions.
March 27-29, 2019 International Geopolitical Congress “Global Security and Scientific and Technological Progress”, Moscow.
May 21, 2019 PHDays 9 Forum (Positive Hack Days is an international forum on practical security, which has been held in Moscow annually since 2011. Organized by Positive Technologies.)
Contact Information:
Address: 125080, Moscow, st. Vrubel, 12, rooms No. 225, No. 419.
[email protected](marked - for the department of civil law disciplines)
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Abstract: This article examines measures taken by the private sector and state-owned enterprises that help prevent human trafficking, thereby reducing the income of traffickers and, in the long term, helping to eliminate them from business. In particular, special attention is paid to the benefits obtained when enterprises accept obligations to respect human rights or, on the contrary, demonstrate intolerance in relation to specific violations of human rights, primarily by enshrining in state codes minimum standards in order to regulate working conditions at their enterprises and enterprises of suppliers .The subject of the study of this article is to consider the relevance of developing common international standards for respect of human rights in business and UN guidelines on business in the aspect of human rights. The relevance of the topic is due to the fact that the prohibition of the use of forced labor is one of the fundamental labor rights, the mandatory observance of which is determined by the fundamental ILO conventions, which serve as the starting point for the development of many codes of business conduct. The main methods in this scientific article are the study, generalization and analysis of the possibility and legality of using public-private partnership mechanisms in the prevention of crimes related to human trafficking. The scientific novelty of the article lies in the attempt to analyze the need and role of public-private partnerships in the prevention of crimes related to human trafficking and examples of constructive measures that help suppress the practice of human trafficking or human rights violations. Human trafficking occurs in both normal business practices and criminal enterprises, and is not at all limited to businesses operating in certain sectors (example: entertainment or hospitality).
Keywords: diplomatic services, implementation, eradication of exploitation, public-private partnership, transnational nature, human trafficking, labor exploitation, imprisonment, forced compulsory labor, kidnapped people
10.25136/2306-9899.2017.3.23936
Date sent to the editor:
18-08-2017
Review date:
19-08-2017
Publication date:
16-09-2017
Abstract.
This article examines the measures taken by the private sector and state enterprises that assist impeding the human trafficking, thereby reducing the income of human traffickers, and in the long view, contribute into elimination from such business. Particular attention is paid to the advantages received in case of adopting the obligations by the enterprises for upholding human rights, or contrariwise, manifestation of intolerance with regards to specific violations of human rights, primarily through consolidation in the countries' codes of the minimal standards for regulating the working conditions in their businesses and the suppliers. The subject of this article lies in examination of the question of relevance of formulation of the universal international standards for upholding the human rights in entrepreneurship activity and UN regulatory principles concerning business activity in the aspect of human rights. The relevance of the topic at hand is substantiated by the fact that prohibition of using the compulsory labor is one of the basic labor rights, the obligatory adherence to which is determined by the fundamental conventions of the International Labor Organization, and serve as starting point for the development of many codes of business behavior. The main methods of this scientific article is the examination, generalization, and analysis of the possibility and validity of the use of mechanisms of the state private partnership with regards to preventing the crimes associated with human trafficking. The scientific novelty consists in the examples of constructive measures that contribute into suppression of such practice or violation of human rights. Human trafficking emerges in the usual business practice alongside criminal business, and is not limited by such industries as entertainment or hotel business.
Keywords:
Worker exploitation, human trafficking, transnational character, public and private partnership, operation eradication, implementation, diplomatic services, imprisonment, compulsory labor, abducted people
The most important aspect of the system of combating human trafficking is the prevention of crimes of the relevant nature. Considering the transnational nature of criminal acts related to kidnapping, illegal imprisonment, illegal movement of people across borders and their exposure to slave conditions, the most important task is to improve international legal mechanisms for preventing these crimes. Analyzing the situation in the field of combating human trafficking, we can identify the following entities that carry out legally significant actions to search for abducted persons and identify facts of human trafficking: - national government bodies, national special services, diplomatic services of countries; - supranational bodies created to coordinate and carry out individual actions to search for abducted people; - individual subjects of legal relations, individuals who, practically at their own peril and risk, are included in the search for their relatives; - private security, detective, information-analytical and other organizations that carry out private orders of interested parties. The legal problem of achieving the effectiveness of the work of subjects of legal relations with such different statuses, which have different jurisdictions, and powers that are not always clearly defined, is compliance with international legal, interstate and national legal norms regulating the entire complex of relations between states, including in the field of law enforcement. The Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, adopted by General Assembly resolution 317 (IV) of December 2, 1949, continues to play a central place in the legal instruments. In modern conditions, there is a clear trend towards national states delegating their powers to protect their citizens abroad. A striking example here is the increasing use of private military and military security companies to solve a wide range of tasks that have traditionally been assigned to state actors. In this regard, the task naturally arises of creating conditions for the legitimate implementation of the principles of public-private partnership in the form of attraction on the basis of official government decisions, on the principles of joint financing, sharing of risks and burdens in the field of combating human trafficking. To achieve this task, it may be necessary to return to the issue of the signing and ratification by the Russian Federation of international acts in the field of combating trafficking in persons: the Statute of the International Criminal Court of 1998. ; Framework Decision against Trafficking in Human Beings 2002 (Council of the European Union); Council of Europe Convention on Action against Trafficking in Human Beings 2005; Optional Protocol No.2 to the 2000 UN Convention on the Rights of the Child. At the international level, business owners and managers did not set standards or introduce codes of conduct for their own businesses and for suppliers with the sole purpose of preventing human rights violations, but made this decision based on compelling business reasons, including, among others: - reducing the risk of damage to their brand reputation while strengthening customer or consumer loyalty towards it; - the need to overcome the decrease in investor activity as their reaction to human rights violations; - minimizing the threat of criticism and protest campaigns; - improving relationships with clients; - increasing labor discipline; - increase in the authorized capital of the trademark; - improving product quality; - reducing threats to the health and safety of personnel; - reducing the risk of government intervention; - support for socially responsible investors; - support for NGOs and other organizations civil society. The duty to respect human rights requires businesses to: - avoid causing or contributing to adverse human rights impacts through their activities and address the consequences of such impacts when they occur; - strive to prevent or mitigate adverse human rights impacts that are directly attributable to their activities, products or services as a result of their business relationships, even if they did not directly contribute to such impacts. To meet their responsibility to respect human rights, businesses should define their policies and procedures, taking into account their size and operating conditions, including: - a policy commitment to fulfill their responsibility to respect human rights; - human rights due diligence procedures to identify, prevent, mitigate and report on how they address their human rights impacts; - procedures allowing for redress for any type of adverse impact on human rights caused by them or with their assistance. Numerous organizations have produced a number of references and guides for the business community on possible methods of preventing cases of trafficking and forced labor, as well as reviews of best practice, among which the ILO guide for companies - Combating forced labor is particularly noteworthy. Handbook for employers and entrepreneurs. It sets out guidelines and provides a checklist and possible methods for assessing compliance, in particular detailed practical guidance on the specific measures to be taken. Similar material - Human trafficking and business activities. Good Practices to Prevent and Combat Trafficking in Persons. The international legal conditions for the legality of using public-private partnership mechanisms are: - consistent implementation of the principle of recognition of the priority of international norms, primarily under the auspices of the United Nations, in the prevention of trafficking in persons; - maximum implementation by national states international law in the field of combating human trafficking; - the use of international mechanisms for preventing and overcoming conflicts of national legal systems for the implementation by subjects of different jurisdictions of measures to prevent trafficking in persons, both on the principles of extraterritoriality and within the framework of general public legal and civil legal statuses; It is important to note that given the involvement of private individuals in these legal relations, it is necessary to separately study the possibilities of using international arbitration institutions in this specific area; - priority use of mechanisms for financial compensation for unintentional damage caused by private entities of a foreign state that carry out activities to search for and release abducted and trafficked people. It is worth noting that there are a number of measures that companies can take to combat human trafficking and related labor exploitation in their own workplaces or at supplier companies. But states also have an obligation to take the initiative to ensure that migrant workers from another country (or from another area of the same country) do not become victims of trafficking, are subject to coercion, or are forced to work involuntarily in specific types of work or in special situations. harsh conditions. These actions could be carried out on the basis of regulations or other administrative measures to supervise the hiring of workers from other countries, or remote areas of the same country. In turn, the OSCE needs to consider company activities aimed at reducing adverse impacts on human rights in general as one of the specific strategies that contribute to addressing the problem of trafficking in persons, while creating additional opportunities to respect other categories of human rights. The OSCE should support participating States and encourage businesses to take action to prevent violations of the full range of human rights, while making the fight against trafficking in persons a priority, rather than simply recommending that companies focus solely on measures to combat trafficking in persons and related operation. This will, to a certain extent, oblige states to take steps to create the proper framework for businesses to carry out their entrepreneurial activities. States are now asked to follow four practical steps in fulfilling their responsibility to ensure the protection of human rights and include the following measures: 1. Enforce laws that have the purpose or effect of requiring businesses to respect human rights and periodically assess the adequacy of such laws and address any gaps. 2. Ensure that other laws or policies governing the establishment and ongoing operations of enterprises, such as corporate law, do not constrain, but rather promote, enterprises' respect for human rights. 3. Provide businesses with effective guidance on how to respect human rights in their operations. 4. Encourage and, where appropriate, require businesses to provide information on how they are addressing their impact on human rights. It seems necessary to identify a number of measures that the OSCE participating States should consider from the point of view of the possibility of taking them in relation to companies located or operating in the territory of their countries: - The OSCE needs to monitor the implementation of its previous recommendations on migration issues and provide them to the participating States the opportunity to analyze what more needs to be done to address shortcomings in the business models used by employment agencies and labor providers in their territories; - public statements by senior government officials that trafficking in persons and the exploitation of workers and migrants are unacceptable in all circumstances; - providing labor inspectorates with sufficient resources to inspect workplaces; - migrant workers should have the right to change employers or be able to terminate the employment relationship and change employers, so that visas or work permits do not bind the migrant to one specific employer; - regulation at the government level of the activities of employment agencies, as a method of preventing cases of human trafficking in the recruitment industry; - encouraging business enterprises to make meaningful commitments and using effective methods to comply with them; - requiring companies to publicly report on the measures they take to prevent cases of trafficking in persons; - taking action regarding goods imported from other countries that may have been produced using forced labor by obtaining the best possible information in cases where cases of human trafficking or forced labor are reported to have occurred in the production of imported products, as well as by conducting preliminary investigations consultation with various stakeholders regarding the selection of the most effective remedial measures before implementation; - cooperation with other organizations and states. From the point of view of scientific and methodological research in legal science, it is necessary to initiate separate interstate studies of the possibilities of connecting national legal systems within the framework of international law to establish a balanced system of rights, powers, duties and responsibilities of state, private, public and individual subjects of legal relations in the field of preventing crimes related to with human trafficking.
Bibliography
| . |
UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and its Final Protocol (dated 02.12.1949). |
| . |
UN Convention against Transnational Organized Crime (11/15/2000). |
| . |
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime (11/15/2000). |
| . |
Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (05/25/2000). |
| . |
Bekmagambetov A.B. Improving the legal framework in the field of combating transnational organized crime and human trafficking // Russian Legal Journal.-2015.-N 5.-P.96-100. |
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Boychenko K.A. Activities of the Collective Security Treaty Organization (CSTO) to combat human trafficking and illegal migration // “Black holes” in Russian legislation.-2016.-N 3.-P.167-170. |
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Kaufman M.A. On the subject of the crime provided for in Art. 127 of the Criminal Code of the Russian Federation “trafficking in persons” / M.A. Kaufman, S.Yu. Yushenkova // Russian Justice.-2012.-N 10.-P.36-39. |
Main scientific direction: Legal sciences
Current place of work: Federal State Budgetary Educational Institution of Higher Professional Education “Academy of Civil Defense of the Ministry of the Russian Federation for Civil Defense, emergency situations and liquidation of consequences of natural disasters" in the form of a military educational institution of higher professional education.
Official position: professor of the department of legal support for the activities of the RSChS.
Area of activity: mediation (mediation that allows resolving conflicts in various spheres of human life), civil law, providing free qualified legal assistance to the population.
Name of scientific school: “Mediation in social sphere" Aims at training highly qualified professional mediators capable of resolving conflicts in the family, school (between administration representatives, teachers, students and parents), in the higher education system, in judicial practice (in particular, in the work of bailiffs), in the field of consumer rights protection and other civil rights; in working with difficult children and adolescents, as well as juvenile delinquents; in the field of guardianship and trusteeship.
Member of the Russian Lawyers Association since 2011; member of the Russian Academy of Legal Sciences since 2012; member of the Women's Union of the Moscow Region since 2008; Head of the Center for Free Qualified Legal Assistance to the Population at the Federal State Budgetary Educational Institution of Higher Professional Education "Academy of Civil Defense of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief" since 2014; Professor RAE; Corresponding member of RAE.
In 2009 – 2012 - Member of the Council of Young Lawyers of the city of Serpukhov and the Serpukhov region.
In 2008 and 2009 she was recognized as the best young teacher of the cycle of civil law disciplines of the ANO VPO “National Institute named after Catherine the Great”.
In 2008 she was awarded the Gratitude of the Head of the City of Serpukhov.
In 2009, a Letter of Gratitude from the Head of the Serpukhov District was announced.
In 2010, gratitude was announced from the Head of the city of Serpukhov.
In 2010, 2011, 2012, 2013 and 2014 - co-chairman of the organizing committee and chairman of section No. 10 “Issues of Law” at the annual INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE OF STUDENTS and STUDENTS and co-chairman of the organizing committee at the annual INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE SKY CONFERENCE “INFORMATION TECHNOLOGIES IN EDUCATION, SCIENCE” AND PRODUCTION” held in the city of Protvino.
Prepared and conducted a number of international scientific and practical conferences: “Problems of increasing the efficiency of legal regulation of economic activity”, Podolsk March 24, 2011; “Demidov Readings-Tula, 2011: history and modernity. Materials of the annual scientific and practical conference with international participation, dedicated to the 355th anniversary of the birth of Nikita Demidovich Demidov, September 15-16, 2011; “Innovations and information technologies in education.” Podolsk November 08, 2011; “Legal system of Russia: current state and current problems”, Podolsk December 6, 2011; “Problems of the use of service firearms by police officers” Podolsk December 20, 2011; “Problems of prevention, detection, qualification and investigation of crimes against the person”, dedicated to the memory of Nikolai Ivanovich Vetrov. Vidnoye February 27, 2012; “Active methods of teaching and educating students as a guarantee successful implementation education in Russia”, Vidnoye-2 June 28, 2013;
Monographs: “Intellectual property in Russia: problems of use and legal protection” 2008 LLC IG “Lawyer”; “Current problems of the implementation by owners of premises in apartment buildings of the right to manage common property” 2009 LLC IG “Lurist”; “Qualification of crimes with alternative and unspecified (undefined) intent” 2011 Kaluga, Publishing house. LLC “Vash Dom”; “Legal order from idea to materialization” 2014 printing house of the Federal State Budgetary Educational Institution of Higher Professional Education “Academy of Civil Defense of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief.”
Textbooks and teaching aids: “Law Ancient Rome» 2008 IG Lawyer LLC; “Civil Law” LLC IG “Lawyer” 2009; “Labor Law of Russia” Kaluga, Publishing house. LLC “Vash Dom”, 2010; “The use of special coercive measures by police officers in diagrams and drawings” Kaluga, Ed. LLC “Vash Dom”, 2011; “Theory of State and Law” Kaluga, Ed. LLC “Vash Dom”, 2012; “Legal regulation of licensing of business activities in the Russian Federation” Kaluga, Publishing house. LLC “Vash Dom”, 2013; “Mediation - pre-trial settlement of disputes” printing house of the Federal State Budgetary Educational Institution of Higher Professional Education “Academy of Civil Defense of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief”.
List of candidate's dissertations approved by the Higher Attestation Commission, completed under the scientific supervision of Doctor of Legal Sciences L. N. Simanovich. 8 candidate's dissertations were defended:
2. Timokhina Valeria Kasyanovna. Intellectual rights to works visual arts. dis. ...cand. legal Sciences: 12.00.03. Moscow. 2009
3. Sidorchuk Andrey Antonovich. Multimedia product as an object of copyright. dis. ...cand. legal Sciences: 12.00.03. Moscow. 2010
4. Samsonova Irina Petrovna. Civil regulation of the creation and use of audiovisual works. dis. ...cand. legal Sciences: 12.00.03. Moscow. 2010
5. Mikhalchenko Pavel Sergeevich. Legal status subjects of innovative activity in the field of entrepreneurship. dis. ...cand. legal Sciences: 12.00.03. Moscow. 2011
7. Sokolov Ivan Viktorovich. Civil regulation of bringing works to the public using information and telecommunication networks in the Russian Federation. dis. ...cand. legal Sciences: 12.00.03. Moscow. 2012
8. Antipov Evgeniy Alexandrovich. Participation of a lawyer in the settlement of legal disputes through mediation. dis. ...cand. legal Sciences: 12.00.11. Moscow. 2013
A total of 152 works, of which 146 are scientific publications.
I have published scientific and scientific-practical articles from 2006 to the present time in the IG “Lawyer”, collections of scientific-practical and international conferences, “Bulletin “MUI””, in Scientific proceedings of the Russian Academy of Advocacy and Notariat. Scientific-legal journal and other publications publishing materials on jurisprudence.
I actively lead scientific activity, trained 8 candidates of legal sciences, graduated more than 80 certified specialists in the field of jurisprudence, 12 masters and 32 bachelors, for whom she was a supervisor.
(Simanovich L. N.) (“Legal education and science”, 2010, No. 4)
BOLOGNA PROCESS AND THE PROBLEM OF LEGAL EDUCATION IN MODERN RUSSIA<*>
L. N. SIMANOVICH
——————————— <*>Simanovich L. N. Bologna process and the problem of legal education in contemporary Russia.
Simanovich Lyudmila Nikolaevna, candidate of legal sciences, associate professor, member of the Russian Lawyers' Association.
The article examines the problems of modern legal education in Russia, and also analyzes the features of the participation of the Russian high school in the Bologna process.
Key words: Bologna process, legal education, educational model for training specialists, concept of modernization of legal education.
The article considers the problems of contemporary legal education in Russia and also analyzes the peculiarities of participation of Russian higher school in Bologna process.
Key words: Bologna process, legal education, educational model of preparation of specialists, conception of modernization of legal education.
How a child will feel when climbing the first step of the ladder of knowledge, what he will experience, will determine his entire further path to knowledge.
V. A. Sukhomlinsky
The current century is characterized by the fact that the world has become unusually dynamic - dramatic changes are occurring very quickly in all areas of activity. This fully applies to higher education, namely, society’s demands for the quality of vocational education are increasing, educational technologies are being updated, the organizational and economic conditions of universities are rapidly changing, and competition in the market is intensifying educational services, the state’s position in relation to higher education is constantly changing. Currently, a very dramatic situation has arisen in the field of legal education. The overproduction of legal graduates has been constantly talked about lately, but applicants continue to choose this direction, despite the falling popularity of legal education among applicants - fourth place after economics, management and foreign languages. The model for training specialists with higher legal education should be based on the application of the principles of direct and feedback and is built taking into account the interaction of two types of markets - the labor market and the market for educational services. In order to balance them, it is desirable to use the marketing concept when implementing this model, which involves: firstly, taking into account the requirements of the labor market (both local and the labor market of other regions); secondly, a thorough study of groups of potential consumers of educational services (the principle of direct communication); thirdly, adaptation educational process based on studying the situation in two types of markets and developing a block of specialized disciplines that form the required competencies; fourthly, influencing these markets taking into account their requirements using the marketing mix (feedback principle). So, the not yet fully formed Russian market of educational services poses its own specific tasks: careful segmentation of the labor market; studying the demand for educational services from potential employers; studying offers of educational services from others educational institutions; identifying your competitive advantages. Solving these problems will allow you to develop your own marketing mix based on the model of training modern specialists in the field of jurisprudence. A distinctive feature of the educational model in the field of jurisprudence should be its focus on training specialists capable of independent law-making activities. That is, we should be talking about a whole system of developing knowledge, skills and abilities that allow us to analyze the current situation in the economy and society, find adequate solutions, translating them into the language of legal norms. This is possible only by developing your own professional paradigm: a legal worldview based on the legal method, which is characterized by a legal view of the world, a legal vision of reality. At the center of the legal space and legal field there should be a person as a creator of law, as a bearer of a certain legal culture and as a participant in information and legal relations. Now we should dwell on the following point - Russia has become a participant in the Bologna process, that is, we must adapt our education system to the European one. The Bologna process and the reform of higher education are not the same thing. We do not have the conditions to solve educational problems the way they are solved in Europe. In this regard, it would be very useful, when starting to reform legal education, to get acquainted with the experience of leading Western universities and adopt some interesting developments from them. Firstly, not a single university there is accredited if it does not guarantee 70% of the employment of its graduates. Secondly, training foreign language(for example, Russian) takes place as an elective course. If there are several students who want to learn Russian, they will teach them. Thirdly, it is necessary to compare how we and how they teach students. We still teach traditionally: lecture - seminar. As a result, the student turns into a completely passive subject, who is constantly being fed knowledge. And in order for him to be able to develop a legal position in practice, it is necessary to study and apply foreign experience in the individualization of education. Training is conducted in small groups. And lectures in professional disciplines are given for 12 - 24 students, seminars - for 5 - 12 students. Special seminars and special courses are conducted for 2 - 3 students. Fourthly, let's look at the organization of state exams in Russia. The certification commission includes almost all teachers who taught students. The only person from the outside is the chairman. And in Germany, this commission is created by the minister, the state president or the burgomaster from lawyers, prosecutors and judges. They really evaluate the quality of training. The Bologna process, as is known, is based on three elements. This is a two-level education system, freedom of movement between universities and loans. According to the Ministry of Education and Science of the Russian Federation, the positive point is that students have the opportunity to get an education in all European universities, and their diplomas will be recognized in all European countries, which will significantly simplify the employment of graduates. But it is possible that our graduates will find work there. So, since Russia has joined the Bologna Agreement, but around educational standards developed in Bologna, there is still a discussion going on; we need to develop a National Strategy for the Development of Higher Professional Education in connection with Russia’s accession to the Bologna Process. The main provisions of this strategy should be taken into account in the Concept of modernization of legal education. Moreover, it is already possible to list several basic principles that should form its basis: improving the quality of legal education through retraining of teaching staff; democratization of the educational process; providing students with greater freedom of choice academic disciplines and teachers; improvement of individual and independent work students; usage interactive methods, precedent forms of education, information and distance technologies; strengthening the material and technical base of universities and faculties. Once again, let’s return to the question posed in the title and analyze some of the problems that contributed to the current situation with legal education. The main problem goes back 15 to 18 years ago, when a strong public demand for specialists in the field of jurisprudence was formed, and this gave rise to a wave of creation of a mass of state non-core and commercial universities. These universities, having neither traditions nor scientific schools, neither qualified teachers, nor the appropriate material base and educational literature, began to train lawyers. The contingent of applicants to such universities is formed from among students who did not pass into the corresponding state universities competition or generally have very mediocre knowledge. In addition, these universities create very tempting conditions for admission - a small competition and even an interview instead of entrance examinations. Unified State Examination certificates at such universities do not change the situation in any way—the bar is set to a minimum. The personnel problem lies in the ongoing “migration” of teachers across universities. They bear practically no responsibility for the quality of training, and this quality suffers at their main place of work. Remuneration - this problem could only be solved by M.V. Lomonosov, who asked Catherine II to give the professor a salary equal to the salary of a captain in the Russian army, and today the professor receives significantly less than a junior officer Russian army, and this despite the difference in pensions, as well as other material and social benefits. Adoption of the Concept of the federal target program “Scientific and scientific-pedagogical personnel of innovative Russia” for 2009 - 2013. gives practically nothing to Russian teachers. It is today’s law student who will solve such global problems tomorrow as legal support reforms carried out in society, issues of democratization of public life, protection of human rights, establishing stability and compliance with laws and legality in Russia. This problem as a whole can be solved only by developing the Concept of modernization of legal education in the conditions of the information society. The implementation of the Concept of modernization of legal education in the information society should proceed along the following main interrelated and complementary directions: training students in modern information technology general purpose; mastering specialized technologies used in legal activities (legal reference systems for legislation, legal resources on the Internet, the capabilities of modern electronic digital signature and information encoding programs, etc.); within the framework of the chosen specialization, familiarity with existing information systems and technologies in a specific area of legal activity (in the courts, notaries, internal affairs bodies, authorities and management, etc.); the study of the legal system of society, its individual subsystems as information entities, identifying the properties and features of information, information processes and information systems, defining the legal regulation of public relations in the information sphere. I hope that the main question of whether there should be a legal education, and if so, what kind, will stir up the legal community, and together it will be possible to develop practical recommendations to solve problems in legal education that will be of interest to our Government.
Literature
1. Farber I. E. Essays on university pedagogy. Saratov: Publishing house Saratovsk. University, 1994. 2. Demichev A. A. The problem of using techniques distance learning in teaching a course on civil procedural law // Legal education and science. 2007. N 2. 3. Yavich L. S. Guidelines theses// Questions of methods of teaching legal disciplines. Stalinabad, 1997. P. 61. 4. Reingard I. A. Lectures on higher school pedagogy. Dnepropetrovsk, 1970. P. 124. 5. Methods of teaching legal disciplines: Sat. scientific works / Ed. M.K. Treushnikova. M.: MSU, 2006.
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