features of teaching civil law in the educational organizations of the

Transcription

features of teaching civil law in the educational organizations of the
ISSN 2219-746X EISSN 2219-7478
EDUCATION
RECEIVED 28.02.2015 ACCEPTED 25.04.2015 PUBLISHED 01.06.2015
DOI: 10.15550/ASJ.2015.03.044
FEATURES OF TEACHING CIVIL LAW IN
THE EDUCATIONAL ORGANIZATIONS OF
THE SYSTEM OF THE MIA IN RUSSIA
I. Ozerov, A. Maksimenko, T. Kolesova
Belgorod Law Institute of the MIA of Russia
virgou@km.ru
Abstract: The authors of the article analyze the set of the factors causing features of a technique in teaching
the discipline “Civil law” in the educational organizations of the system of the Ministry of Internal Affairs of
the Russian Federation (MIA Russia) and offer some recommendations about the organization of educational
process. They pay special attention to examining the features of the organization of trainees’ class and
independent work as complementary elements of educational process, place the emphasis on construction of
the thematic plan of the discipline “Civil law” taking into account with the trainees’ further professional (lawenforcement) activity, and establish special value of interactive modes of training in the course of effective
mastering of civil-law knowledge. This research is made on the basis of the analysis of federal educational
standards provisions and the educational programs applied in educational organizations of the system of MIA
in Russia with using some methods (axiomatic, comparative, an induction and deduction).
Keywords: discipline “Civil law”, lecture work (lecture), seminar work (seminar), practical work, selfdependent work, teaching technique.
The current developed requirements to a skill level of the person’ professional activity have specified
necessity of work specialization (office activity) that, in turn, was reflected and in the educational programs
providing a training of corresponding personnel. According to the training profile, educational programs
provide various requirements to a kit of subjects, courses, disciplines (modules), standard terms and general
labour input of their studying, certification forms, estimate and methodical materials.
At the same time, the legislator establishes that the education contents should promote mutual
understanding and cooperation between people, the peoples irrespective of a racial, national, ethnic, religious
and social accessory, consider a variety of world outlook approaches, promote realization of the trainees’ right
on a free choice of their opinions and belief, provide development of capabilities of each person, forming and
development of his/her person according to accepted in a family and a society spiritually-moral, and social
and cultural values (1). The given circumstance has specified availability in the structure of educational
programs in training a specialist along with specialization studying of base professional disciplines.
Concerning a professional training for the system of the MIA of Russia it means the inclusion in the list of
studied disciplines not only, for example, “Criminal law”, “Criminal procedural law”, “Administrative law”,
“Criminalistics” and other similar disciplines, but also “Constitutional law”, “Municipal law”, “Ecological
law”, and “Civil law” as well.
In the modern Russian legal doctrine the representation about civil law was firmly fixed as one of key
economic branches of legal knowledge. Without its studying it is impossible to form the high-grade qualified
specialist in any area of jurisprudence. With the reference to a professional training for the system of the MIA
of Russia the studying of discipline “Civil law” is directed on forming such provided by federal educational
standards for professional competence spheres as capability to perform professional activity on the basis of
the developed justice sense, legal thinking and legal culture, capability to analyze the legal relationship being
objects of professional activity, legally correctly to qualify the facts, events and circumstances, capability to
make decisions and to make legal acts in exact under the law, etc. Without even general representations about
conformities with law and features of civil law it is impossible to achieve that named above.
Studying of substantive provisions of civil law in the educational organizations of the system of the MIA
of Russia aims a number of the goals. Firstly, the training of the basis of knowledge for the officer’s further
professional activity. In professional activity area, it includes the provision of legality and the law and order,
safety of the person, society and state, struggle against crimes and other offences. Legality and law and order
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provision substantially depends on observance by subjects of the established requirements in sphere of civil
turnover and an entrepreneurial activity. In other words, an essential quantity of penal offences are committed
in the sphere falling under adjustment by rates of civil law. Secondly, a law-enforcement officer is equally the
full member of our society who outside of the office activity also acts as participants of various civil-law
relations. Thirdly, the forming of knowledge in the field of civil law allows the state to solve a task of the
officer’s further adaptation who has retired from his active service, in a society, his/her further employment.
However that told above does not cancel auxiliary character of knowledge in civil law sphere in training
law-enforcement officers. Especially it is shown at an establishment of standard terms of studying and general
labour input of the discipline “Civil law”. As the discipline “Civil law” has special characteristics:
considerable volume of the legal rates fixed in four parts of the Civil code of the Russian Federation and an
impressive file of standard legal acts of various legal force, the wide system of sub-branches, institutions and
sub-institutions, a variety of adjustable public relations. In the educational organizations of the system of the
MIA of Russia on the studying of the discipline “Civil law” is given a time interval from 1 semester till 1 year
while in the presence of a civil-law profile the discipline is studied within 2 years.
Noted above circumstances assume features of the approaches used by teachers of the discipline “Civil
law” in the educational organizations of the system of the MIA of Russia at development of its teaching
techniques. Thus it is obviously necessary to pay attention to following moments.
Rather a small amount of class hours given on studying of the discipline “Civil law” causes skilful and
rational distribution of the questions considered within the frameworks of lecture, seminar and practical
training. Thus on the foreground there is a value of lecture, as reference point (algorithm) for the further
independent work in preparing trainee to seminar and practical training. The teacher should not stop
especially in detail on aspects of history of this or that phenomenon origin, existing discussions, problems
developed judicial and legal practice. On the necessity of their consideration in self-dependent work the
emphasis should be placed during lectures. The teacher should pay attention to the basic concepts and the
phenomena of a considered theme. For example, the lecture on a theme “Purchase and sale contract” is
calculated on 2 academic hours. However the given theme assumes studying besides general provisions about
concept, the parties, essential conditions, the contents, the form of the purchase and sale contract, features of
each of 7 versions in the given contract. Thus, it is better on the lecture to consider general provisions about
the purchase and sale contract, but the features of a legal regulation of its separate kinds - on seminar and
practical training. Thus probably you can raise perception of a material at the expense of using a method of
presentation when the volume legal material is represented in the form of schemes, tables, hierarchies,
sequences, cycles. For this value of multimedia means is invaluable. Concerning the example with the theme
“Purchase and sale contract” in a kind of tables it can be offered the performing of self-dependent work in
determining features of separate kinds of the purchase and sale contract.
At the organization class work on the studying of the discipline “Civil law” in the educational
organizations of the system of the MIA of Russia you should pay special attention to a communication of
civil-law knowledge with the trainee’s further professional activity. The information on it should find
reflexion and in the teacher’s opening speech during any kind of lessons, and in the situational tasks the
decisions of which are being made clear and discussed within the limits of a practical training, and in actual
problems of the theory and practice of the civil legislation mentioned on seminars.
Proceeding from the necessity of searching in links of civil-law knowledge with the trainee’s
professional activity, the teacher should determine the questions which are subject to obligatory consideration
in class work. So, concerning the theme chosen for an example “Purchase and sale contract” the features of
legal regulation of relations under the agreement of delivery for the state needs which participant has the right
to act as the MIA of Russia should be subject to obligatory studying.
In the total of hours constituting the labour input of the discipline “Civil law”, a considerable part is
taken for the trainee’s self-dependent work. Besides, the role of self-dependent work in the course of studying
of the discipline “Civil law” in the educational organizations of the system of the MIA of Russia is specified
by relative limitation of class work, in comparison with the educational organizations training lawyers of a
civil-law profile. The successful conducting of the seminars and practical training, checking trainee’s the
summary control by results of the discipline studying, and also the efficiency of the trainee’s further law
enforcement activity depend on a lot of the quality of the trainee’s self-dependent work. Therefore at
development of teaching techniques of the discipline “Civil law” in the educational organizations of the
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system of the MIA of Russia you should pay special attention to the organization of self-dependent work and
preparation of the adequate monitoring system of its results.
To the self-dependent work of the trainee for the lessons of the discipline “Civil law” it can be referred
the performing of practical work tasks. Such practical work should provide in its structure a theoretical part
(more profound consideration of the separate enough narrow questions which has been not included in class
studying), the decision of situational tasks (which are desirable to reflect the link of civil law with the
trainee’s professional activity), drawing up of the most significant legal documents (letters of an attorney,
bills, any kind of the contract, etc.), and the decision of test tasks as well. Thus practical work tasks should be
focused on forming at a trainee the necessary completeness of knowledge in civil law sphere, touched those
questions which in force of the specified objective reasons above were not a part of consideration within the
limits of lecture, seminar and a practical training, should reflect the link of civil law with activity of the
officer of the MIA of Russia and the Ministry of Internal Affairs of the Russian Federation as a whole.
Essential value within the limits of the organization of self-dependent work in studying the discipline
“Civil law” in the educational organizations of the system of the MIA of Russia will be had by developing the
effective forms of the control of results in such work. Oral or written asking, testing, checking the decision of
tasks, discussing reports can be referred to them on seminar or practical training. You should pay special
attention to the forming of the preliminary control allowing the teacher to estimate level of readiness of each
trainee to the concrete lesson. Such control may be made by drawing up the corresponding tasks (for example,
tests) and using the computer technologies. It is a question of the program development which use will allow
a trainee in a mode on-line to perform the decision of tasks, and the teacher will have the access to results
performed on which basis will draw a conclusion on readiness of the trainee to class work before the
beginning of such a lesson.
Taking into account the features named above of teaching the discipline “Civil law” in the educational
organizations of the system of the MIA of Russia, it is difficult to overestimate the value of interactive modes
of study actively implemented now. They are based on modern science and technics achievements and allow
to transform the training process into equal in rights interaction of the teacher and trainees. To the interactive
modes of study it is necessary to mention methods of problem and projective training, research methods,
trainings forms providing actualization of creative potential and independence of trainees, skills accumulation
of search work in the extensive system of the legislation of the Russian Federation. It is necessary to pay
attention to the development of methodical recommendations (scenarios) for conducting various games,
quizzes, other forms of lessons having an element of competition which will allow to raise the trainees’
interest to deeper studying of civil law questions and speed up their self-dependent work.
References
Daniljuk A., Kondakov A.M, Tishkov V.A. Use of historical and cultural potential of St.-Petersburg at
forming of spiritually-moral values of rising generation (on materials of the Concept of spiritually-moral
education of the Russian schoolboys). Available at: http://www.pandia.ru/text/78/250/21346.php
This paper has been presented at the International Conference
“SCIREPS EDUCATION FORUM” in Paris (April 25-30, 2015).
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