The Bologna process and the problem of legal education in modern Russia. International legal conditions for the legitimacy of using public-private partnership mechanisms in the prevention of crimes related to human trafficking
(Simanovich L. N.) ("Legal education and science", 2010, N 4)
THE 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 Association of Lawyers of Russia.
The article deals with the problems of modern legal education in Russia, and also analyzes the features of the participation of Russian higher education in the Bologna process.
Key words: Bologna process, legal education, educational model of specialist training, concept of modernization of legal education.
The articles 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 the child will feel, climbing the first rung of the ladder of knowledge, what he will experience, depends on his entire further path to knowledge.
V. A. Sukhomlinsky
The current century is characterized by the fact that the world has become unusually dynamic - cardinal changes are taking place very quickly in all spheres of activity. This fully applies to higher education, namely, society's requirements for the quality of vocational education are increasing, learning technologies are being updated, organizational and economic conditions for the activities of universities are rapidly changing, competition in the educational services market is intensifying, and the position of the state in relation to higher education is constantly changing. . Currently, a very dramatic situation has been created in the field of legal education. The overproduction of law graduates has been constantly discussed lately, but applicants continue to choose this direction, despite the decline in the 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 built taking into account the interaction of two types of markets - the labor market and the educational services market. In order to balance them, it is desirable to use the concept of marketing in the implementation of this model, which implies: 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 connection); thirdly, the adaptation of the educational process based on the study of the situation in two types of markets and the development of a block of specialized disciplines that form the required competencies; fourthly, the impact on these markets, taking into account their requirements, using the marketing mix (feedback principle). So, the Russian market of educational services, which has not yet been fully formed, sets its own specific tasks: careful segmentation of the labor market; studying the demand for educational services from potential employers; study of offers of educational services from other educational institutions; identifying their competitive advantages. The solution of these problems will allow developing your own marketing mix according to 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 an orientation towards the training of specialists capable of independent law-making activities. That is, we should talk about a whole system of forming 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 one's own professional paradigm: a legal worldview based on the legal method, which has a legal view of the world, a legal vision of reality. In the center of the legal space and the legal field 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 next 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 such conditions to solve the problems of education, as 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 learn from them some interesting developments. Firstly, not a single university is accredited there if it does not guarantee 70% of the employment of its graduates. Secondly, teaching a foreign language (for example, Russian) takes place as an optional 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 stuffed with knowledge. And in order for him to be able to draw up a study of the 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 of professional disciplines are read for 12 - 24 students, seminars - for 5 - 12 students. Special seminars and special courses are held for 2-3 students. Fourth, let's look at the organization of state exams in Russia. In the attestation commission, almost all the teachers who taught the students. The only person from outside is the chairman. And in Germany, the minister, the president of the land or the burgomaster create this commission from lawyers, prosecutors and judges. Here they really appreciate the quality of training. The Bologna Process, as is known, is based on three elements. This is a two-tier 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 greatly simplify the employment of graduates. But it is possible that our graduates will find work there. So, since Russia joined the Bologna Agreement, but there is still a discussion around the educational standards developed in Bologna, 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 for the Modernization of Legal Education. Moreover, even now it is possible to enumerate several basic principles that should form its basis: improving the quality of legal education through the retraining of teaching staff; democratization of the educational process; providing students with greater freedom in the choice of academic disciplines and teachers; improvement of individual and independent work of students; use of 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 raised in the title and analyze some of the problems that contributed to the current situation with legal education. The main problem goes back 15-18 years ago, when a steady demand of society 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 no traditions, no scientific schools, no qualified teachers, no appropriate material base and educational literature, began to train lawyers. The contingent of entrants to such universities is formed from the number of students who did not enter the relevant state universities through a 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 tests. USE certificates in such universities do not change the situation in any way - the bar is set to a minimum. The personnel problem lies in the fact that the current "migration" of teachers to universities is carried out. They practically do not bear any responsibility for the quality of training, and even at the main place of work this quality suffers. Remuneration of labor - only M.V. Lomonosov could solve this problem, who asked Catherine II to give the professor a salary equal to the salary of the captain of the Russian army, and today the professor receives much less than a junior officer of the Russian army, and this despite the difference in pensions, and 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 student of the Faculty of Law who tomorrow will solve such global tasks as the legal support of reforms carried out in society, the issues of democratization of public life, the protection of human rights, the establishment of stability and the observance of laws and the rule of law in Russia. In general, this problem can be solved only by developing the Concept for the Modernization of Legal Education in the Information Society. Implementation of the Concept of modernization of legal education in the conditions of the information society should go along the following main interrelated and complementary directions: teaching students about modern general-purpose information technologies; mastering specialized technologies used in legal activities (reference legal systems on 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, acquaintance with existing information systems and technologies in a specific area of legal activity (in courts, notaries, internal affairs bodies, authorities and administrations, etc.); the study of the legal system of society, its individual subsystems as information formations, the identification of the properties and characteristics of information, information processes and information systems that determine the legal regulation of public relations in the information sphere. I hope that the main question, whether there will 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 for solving problems in legal education that will be of interest to our Government.
Literature
1. Farber I. E. Essays on high school pedagogy. Saratov: Publishing House Saratovsk. un-ta, 1994. 2. Demichev AA The problem of using distance learning methods in teaching the course of civil procedural law // Legal education and science. 2007. N 2. 3. Yavich L. S. Methods of management of diploma papers // Questions of methods of teaching legal disciplines. Stalinabad, 1997. P. 61. 4. Reingard IA Lectures on pedagogy of higher education. Dnepropetrovsk, 1970. S. 124. 5. Methods of teaching legal disciplines: Sat. scientific papers / Ed. M. K. Treushnikova. M.: MGU, 2006.
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Annotation.
Abstract: This article examines measures taken by the private sector and state enterprises that contribute to the prevention of 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, show intolerance towards specific violations of human rights, primarily by fixing minimum standards in the codes of states in order to regulate working conditions in their enterprises and enterprises of suppliers. .The subject of this article is to consider the relevance of the development of common international standards for observance of human rights in business activities and the UN guidelines on business activities 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 basic labor rights, the mandatory observance of which is determined by the fundamental ILO conventions that 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 the mechanisms of public-private partnership in the prevention of crimes related to human trafficking. The scientific novelty of the article lies in an attempt to analyze the need and role of public-private partnership in the prevention of crimes related to human trafficking and examples of constructive measures that contribute to the suppression of the practice of human trafficking or human rights violations. Human trafficking occurs both in ordinary business practices and in criminal business, and is not at all limited to businesses operating in certain sectors (example: the entertainment industry or the hospitality industry).
Keywords: diplomatic services, implementation, eradication of exploitation, public-private partnership, transnational nature, human trafficking, labor exploitation, imprisonment, forced labor, kidnapped people
10.25136/2306-9899.2017.3.23936
Date of sending 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 businesses. 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 the 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 possibility and legitimacy 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, forced labor, abducted people
The most important aspect of the system of combating human trafficking is the prevention of crimes of the appropriate composition. Taking into account the transnational nature of criminal acts related to kidnapping, illegal imprisonment, illegal movement of people across borders and their falling into slave conditions, the most important task is to improve international legal mechanisms for preventing these crimes. Analyzing situations in the field of combating human trafficking, we can single out the following entities that carry out legally significant actions to search for abductees and reveal 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 so different in status, which have different jurisdictions, not always clearly fixed powers, is the observance of international legal, interstate and national legal norms for 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 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 legal acts. In modern conditions, there is a clear trend towards the delegation by national states of 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 based on official government decisions, on the principles of joint financing, sharing risks and burdens in the field of combating human trafficking. To implement 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 human trafficking: the 1998 Statute of the International Criminal Court. ; Framework Decision to Combat Trafficking in Human Beings 2002 (Council of the European Union); Council of Europe Convention on Combating Trafficking in Human Beings 2005; Optional Protocol No.2 to the UN Convention on the Rights of the Child 2000 . At the international level, business owners and managers did not set standards or enact codes of conduct for their own businesses and suppliers for the sole purpose of preventing human rights violations, but did so on the basis of sound business reasons, which included, among others: - reducing the risk of damage to the reputation of their brand while strengthening customer or consumer loyalty to it; - the need to overcome the decline in the activity of investors as their reaction to human rights violations; - minimizing the threat of criticism and protest campaigns; - improving relationships with clients; - improving labor discipline; - increase in the authorized capital of the trademark; - improving the quality of products; - reduction of threats to the health and safety of personnel; - reducing the risk of state interference; - support for socially responsible investors; - support for NGOs and other civil society organizations. The duty to respect human rights requires businesses to: - avoid causing or contributing to adverse human rights impacts through their activities and addressing the consequences of such impacts when they occur; - strive to prevent or mitigate adverse human rights impacts that are directly related to their activities, products or services as a result of their business relationships, even if they did not directly contribute to such an impact. In order to meet their responsibility to respect human rights, businesses should define their policies and procedures, taking into account their size and operating environment, including: - a policy commitment to fulfill their responsibility to respect human rights; - a human rights due diligence process to identify, prevent, mitigate and report on how they address their human rights impacts; - Procedures to allow redress for any type of adverse human rights impact caused by themselves or with their assistance. Numerous organizations have produced a number of handbooks and guides for the business community on possible methods to prevent trafficking and forced labor, as well as reviews of best practices, among which the ILO guide for companies - Combating forced labor is worth noting. Handbook for employers and entrepreneurs. It sets out guidelines and provides a checklist and possible methods for evaluating compliance, in particular detailed practical guidance on specific measures to be taken. Similar material - Human trafficking and entrepreneurial activity. Good Practice in Preventing and Combating Trafficking in Human Beings. The international legal conditions for the legitimacy of using public-private partnership mechanisms are: - consistent implementation of the principle of recognizing the priority of international norms, primarily under the auspices of the United Nations in the prevention of human trafficking; - maximum implementation by national states of 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 entities of various jurisdictions of measures to prevent human trafficking both on the principles of extraterritoriality and within the framework of general public law and civil law statuses; it is important to note that, given the involvement of 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 financial compensation mechanisms 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 numerous measures that companies can take to stop human trafficking and related labor exploitation in their workplaces or in the enterprises of supplying companies. But states also have an obligation to take the initiative to ensure that migrant workers from another country (or from another part of the same country) are not trafficked, forced or forced to work involuntarily in certain types of work or in special difficult conditions. These actions could be carried out on the basis of legal regulations or other administrative measures to supervise the recruitment of workers from other countries, or remote areas of the same country. In turn, the OSCE needs to consider the activities of companies aimed at reducing the adverse impact on human rights in general as one of the specific strategies that contribute to solving the problem of human trafficking while creating additional opportunities in terms of respect for 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 combating human trafficking a priority, rather than simply recommending that businesses focus solely on countering human trafficking and related operation. This, to a certain extent, will oblige the states to take steps to create the proper framework for businesses to carry out their entrepreneurial activities. States are now being asked to follow four practical steps in fulfilling their responsibility to protect human rights and include the following: 1. Enforce laws whose purpose or effect is to require businesses to respect human rights and periodically assess the adequacy of such laws and fill in any gaps. 2. Ensure that other laws or policies governing the establishment and ongoing operation of businesses, such as corporate law, do not discourage, but rather promote, the respect for human rights by businesses. 3. Provide effective guidance to businesses 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 human rights impact. It seems necessary to identify a number of measures that the OSCE participating States should consider taking with regard to companies located or operating in the territory of their countries: - The OSCE should follow up on its previous recommendations on migration issues and provide participating States an opportunity to analyze what still needs to be done to address the shortcomings in the business models used by employment agencies and labor suppliers in their territory; - public statements by high-ranking government officials that human trafficking and exploitation of workers and migrants is unacceptable under any circumstances; - providing labor inspectorates with sufficient resources to inspect workplaces; - Migrant workers should have the right to change employers or be able to terminate employment and change employers so that visas or work permits do not tie a 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 the adoption of meaningful obligations by business enterprises and the use of effective methods for their implementation; - requiring companies to report publicly on the measures they take to prevent cases of human trafficking; - taking action on goods imported from other countries that may have been produced using forced labor by obtaining the most reliable information in cases where, according to reports, cases of trafficking in persons or forced labor took place in the production of imported products, as well as by conducting preliminary consultations with various stakeholders on the selection of the most effective remedial measures before they are implemented; - 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 conjugation of 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 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 (November 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 (25.05.2000). |
. |
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. |
. |
Boychenko K.A. Activities of the Collective Security Treaty Organization (CSTO) in combating 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 under Art. 127 of the Criminal Code of the Russian Federation "human trafficking" / M.A. Kaufman, S.Yu. Yushenkova // Russian Justice.-2012.-N 10.-p.36-39 |
Currently, the department is part of the Law Institute of the Moscow Academy of the Investigative Committee of the Russian Federation.
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1. Head of the Department, Doctor of Law, Associate Professor, Captain of Justice Goloskokov Leonid Viktorovich.
Number of scientific papers: over 270, including monographs, textbooks, articles in peer-reviewed journals from the VAK list,
Scopus , 4 Russian patents for inventions.Research 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, the doctrine of the virtual state. Member of the Dissertation Council of Moscow State University 12.05.
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February 1, 2018 The first professorial forum organized on the basis of the Peoples' Friendship University of Russia.
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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 the interaction of preliminary investigation bodies with 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 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.
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