Training Of Lawyers Research Articles

СУТНІСТЬ І ПРАКТИЧНА ЗНАЧИМІСТЬ ПЕДАГОГІЧНИХ УМОВ І ПРИНЦИПІВ У ПІДГОТОВЦІ МАЙБУТНІХ МАГІСТРІВ З ПРАВОЗНАВСТВА ДО ВИКЛАДАЦЬКОЇ ДІЯЛЬНОСТІ

In order to develop the core element of professional training (knowledge, skills and abilities) the system of pedagogical conditions and principles (overall didactical and specific), that include the peculiarities in performing teaching activities while training lawyers.The core of this system is formed by the general didactical principles: a systematic and consequent approach, scientific methods in terms of training; a dominant-motivational mindset; availability of training; clear examples in the course of the training process; consciousness and an active approach in the course of the training process; the solidity of knowledge, skills and abilities; the inclusion of peculiarities related to the individual and his age.The peculiar principles that determine the essence of a law pedagogue in the currently developed situation, among these principles there’re the following: the principle of the dominant –motivational mindset, the principle of an individual approach, the principle of variable rhythmical training, the principle of strict determination and setting of time limits for the professional actions of a teacher; the principle of additional psychological pressure based on the main psycho-physiological pressure; the principle of emotional training.Among the organizational-pedagogical conditions there’re the following: providing of professional motivation to the future masters; the assurance of the training to be oriented at the professional and psychological imprints of the law pedagogue; active use of the informational environment of the educational facility; the introduction of interactive methods in order to form the pedagogical culture of the future masters in law. The specificity of the training of future lawyers puts before the teacher of law disciplines a number of requirements to the personality of the teacher, which in pedagogical science are defined as professionally significant personal qualities, and the scientific basis for the formation of these qualities are pedagogical principles and organizational and pedagogical conditions.To form the content of vocational training (knowledge, skills and abilities), we need a system of pedagogical conditions and principles (general and specific), that take into account all the peculiarities and specifics of teaching lawyers. As a basis of this system we put general didactic principles: systemicity and consistency; scientific knowledge in learning; dominant-motivational attidude; learning accessibility; visibility in learning; awareness and learning activity; strength of knowledge, skills and abilities; taking into account individual and age-specific features. Specific principles that reflect the essence of the teacher of law disciplines in modern conditions of development include: the principle of dominant-motivational attitude; the principle of individual approach in learning; the principle of multi-directional rhythmic training; principle of strict regulation and time limitation of professional actions of the teacher; the principle of additional psychological charge on the base of psycho-physiological stress; the principle of emotionality in learning.General dictatic principles are the basis for studying all disciplines, and also should regulate the organizational foundations of the educational process at different levels. Principles are closely related to the laws of learning and reflect didactic laws. On the basis of general didactic principles, the principles of professional methodology are developed.One of the mentioned directions of realization of the preparation of the future masters in jurisprudence for teaching activities is the introduction of interactive forms and methods of teaching that contribute to the expected results, the integration of disciplines of psychological and pedagogical preparation becomes especially important.The organizational-pedagogical conditions include: providing professional motivation for future masters; orientation of training on the profession and psychograms of the teacher of law disciplines; use of information environment of educational institution; the introduction of interactive methods for the formation of the pedagogical culture of future masters of jurisprudence.Key words: pedagogical principles, pedagogical conditions, professional training of lawyers, master's degree.

The introduction of digital technologies in the educational process of training lawyers

The article is devoted to the problems of introducing digital technologies in the educational process of training lawyers. The authors' team examines the history of the development of LegalTech in the Russian Federation and abroad, examines questions about the use of information technology in the training of lawyers, the requirements for modern lawyers and what skills they should possess, the requirements for modern teachers and teaching methods. The article reviews the university programs of higher education, as well as additional education (advanced training), aimed at studying digital technologies, and also examines information products aimed at improving the quality of work of lawyers offered by other organizations. The problems of digitalization of education and the introduction of information technologies in the educational process are identified and ways of their solution are outlined. The results of the study are practically relevant for the government, universities and educational centers, engaged in improving the education of lawyers.

Problems of legal policy implementation in the field of internationalization of higher legal education

««Вестник Санкт-Петербургского университета. Право» — международный научно-теоретический рецензируемый журнал, публикующий материалы в следующих рубриках: Публичное и частное право: прикладные исследования Криминология Криминалистика Судебная экспертиза Исследования права с позиций социальных и гуманитарных (неюридических) наук Правовая жизнь: научно-практические заключения, комментарии и обзоры Сравнительное право Зарубежное право

ИНОЯЗЫЧНОЕ ДЕЛОВОЕ ОБЩЕНИЕ КАК КЛЮЧЕВОЙ КОМПОНЕНТ ПРОФЕССИОНАЛЬНОЙ ПОДГОТОВКИ БУДУЩИХ ЮРИСТОВ

Awareness of the need for future lawyers to master a foreign language as the means of intercultural communication in professional activities in the conditions of numerous political, cultural and sports' events recently held in our country actualizes the problem of developing students' skills of foreign language business communication in the educational process. The application of theoretical and empirical research methods contributed to the solution of the problem. Conceptual and terminological analysis was used to describe the terminological field of the problem. The article proposes the author's definition of the concept “preparation for foreign language business communication of future lawyers”, which allowed to bring together different points of view of scientists taking into account the modern requirements for professional training of future lawyers and the peculiarities of the educational process for the study of foreign languages in a law school. Three components characterizing foreign-language business communication of the future lawyer are revealed: linguistic, legal and sociocultural. Research analysis of pedagogical conditions conducive to the solution of educational tasks and practical experience allowed the authors to identify the complex of pedagogical conditions of successful mastering the skills of foreign language business communication: to include the most typical speech professional situations into the study content, to provide subject-subject interaction in the educational process, to consider the interdisciplinary relations. The novelty and significance of the results lies in the fact that the identified set of pedagogical conditions is considered as a guide to clarify the content and structure of foreign language education at a law school, and contributes to the disclosure of internal reserves of future lawyers to achieve this goal.

The Method of Solving Criminalistic Tasks in Practice-Oriented Training of Future Lawyers

The article investigates the problems of searching new methodological approaches to teaching law students in the context of higher education reform. One of the reform goals is the transition to practice-oriented training of students, which involves the use of appropriate methodological tools. Various approaches to defining the content of practice-oriented training and its methods are analyzed, the conclusion is made on the relationship of the concepts of passive, active and interactive teaching methods. The problem of correlation between the concepts of algorithmic and problem training is considered on the example of the method of solving forensic problems. Having identified the features of criminalistic incidents (situations) the author proposes to include typical forensic tasks in teaching criminology. Their solution is based on assimilation of knowledge, memorizing algorithms. Typical tasks compensate for the lack of students’ practical experience necessary to resolve forensic incidents of a certain type. The article deals with some types of situational tasks that have a higher level of complexity. The author concludes that it is necessary to use various forms and methods of training in their reasonable combination, which is determined by the specifics of the discipline, the level of training of students, and the methodical purpose.

Организационно-педагогические условия, способствующие эффективному правовому просвещению подростка в образовательной организации

The problem of legal education of the teenager is relevant. The organizational and pedagogical conditions promoting effective legal education of the teenager in the educational organization are presented and analysed, are: creation of the partner environment integrating efforts of all subjects of legal education; support of increase in competence of teachers and parents on problems of legal education; ensuring inclusiveness of the teenager in the comprehensive program on forma-tion of legal culture of the personality; realization of modern social and educational methods tak-ing into account specific features of the teenagers and resources of the educational organization promoting increase in legal culture. It is established that the main subjects of legal education of teenagers are: Ombudsmen for Children; commission on affairs of minors and protection of their rights; bodies of the Ministry of Internal Affairs of the Russian Federation; bodies of the Ministry of Justice of the Russian Federation; bodies of the Ministry of Health; universities which are en-gaged in training of future lawyers; socially oriented non-commercial organizations, public organ-izations, funds educational and scientific institutions; The Internet portals directed to legal educa-tion, support of teenagers and their parents. In article the modern social and educational methods promoting increase in legal culture are considered: active educational lectures; problem lectures; debatable groups; role-playing games; imitating games; business games; analysis case situations; development and implementation of social projects; mentoring, tutor’s maintenance; method of event tourism; school services of reconciliation; the volunteer club directed to legal education of teenagers.

Трансформация права под воздействием цифровых технологий: новые требования к подготовке юристов

Трансформация права под воздействием цифровых технологий: новые требования к подготовке юристов

Some Aspects of Digitalization in the Study of Criminal Law Disciplines

Digitalization is a part of modern reality. It covers all areas of activity, including the educational process. For the training of lawyers is extremely important transition to the figure in the study of disciplines of criminal law orientation. It is in this area of knowledge that the use of artificial intelligence can give breakthrough results. Electronic formats of training not only develop the logic of thinking of lawyers, giving them a sum of theoretical ideas, but also prepare them for independent practical work, giving them the opportunity to gain professional applied skills. At the same time training simulators, business games, help to identify and develop the ability of students to implement specific law enforcement functions. At the same time, future lawyers develop a non-formal approach to obtaining information, with the transition from its simple perception to a logically oriented search, generalization and application, the ability to identify and identify the problem, to develop an algorithm for its step-by-step solution, to obtain optimally informed conclusions.

Moot Court Competitions and their Role in Practice Oriented Training of Law Students

The paper explores the issues that are rarely dealt with by Russian Universities and their Faculties in the context of the methodology and general theory of legal education, whereas the issue of mooting (legal competitions) is rather well covered under the common law system. The primary goal of any moot competition is to facilitate both the study of the subject matter (e.g. international commercial law as in the annual Vis moot competition) and the existing dispute resolution processes (e.g. arbitration as the dispute resolution process of choice for international business disputes). Thereby, mooting trains future law leaders in dispute resolution. The most common approach is that a perfect team of mooters needs an equal combination of both outstanding legal arguments (both in oral and written forms) and effective presentation skills. Based on our coaching experience and the discussions we have conducted with our colleagues and students involved in mooting we show that there are numerous different views among moot competitions participants, judges, coaches, and the most experienced “real” professional advocates as to the most effective advocacy tools. Mooting and clinical work represent the key skills-oriented approaches to training lawyers. However, mooting prevails in the context of globalisation of legal education and the development of cross-cultural competences.

MOOT COURT COMPETITIONS AND THEIR ROLE IN PRACTICE ORIENTED TRAINING OF LAW STUDENTS

The paper explores the issues that are rarely dealt with by Russian Universities and their Faculties in the context of the methodology and general theory of legal education, whereas the issue of mooting (legal competitions) is rather well covered under the common law system. The primary goal of any moot competition is to facilitate both the study of the subject matter (e.g. international commercial law as in the annual Vis moot competition) and the existing dispute resolution processes (e.g. arbitration as the dispute resolution process of choice for international business disputes). Thereby, mooting trains future law leaders in dispute resolution. The most common approach is that a perfect team of mooters needs an equal combination of both outstanding legal arguments (both in oral and written forms) and effective presentation skills. Based on our coaching experience and the discussions we have conducted with our colleagues and students involved in mooting we show that there are numerous different views among moot competitions participants, judges, coaches, and the most experienced “real” professional advocates as to the most effective advocacy tools. Mooting and clinical work represent the key skills-oriented approaches to training lawyers. However, mooting prevails in the context of globalisation of legal education and the development of cross-cultural competences.

Проблемы реализации академических свобод преподавателя при подготовке профессиональных юристов

Проблемы реализации академических свобод преподавателя при подготовке профессиональных юристов

Jak usprawnić pracę w biurze? Jana Kościołka sposoby na racjonalizację pracy biurowej

Jan Kościolek was a trained lawyer, a clerk of mid-war and post-war Poland, author of many publications. Almost all of them had one objective: to make works of offices more effective. The main aim of the article is to describe his literary output and methods of dealing with records more efficiently, that are presented there. The first part of the article lists 34 publications of Kościolek in a matter of chronology and their subject. He published manuals describing all aspects of institutions functioning (from social problems of working in an office to specific office tasks), as well as articles and books about specific subjects, like controls on district levels or creating manipulative prints and forms. He also published reports on foreign literature and commentaries to regulations of that time. The second part of the article is a synthesis of topic that, according to Kościolek, were supposed to expedite office work, e.g. system of employees suggestions, a special organisational units dedicated to control of creating and storage of records, diagnosing problems in office work (with several methods of analysis), using forms, questions of office space and its equipment, the role of the management staff, working according to an agreed agenda, and systematic controls. The article also describes some of Kościolek’s suggestions about, among others, circulation and storage of records, elements of correspondence, methods of classifying records, office systems.

The competence of Ukrainian law enforcement bodies as an object of study in the process of professional training for future lawyers

The article presents the results of the analysis of the category of competence of law enforcement bodies definition, the mechanisms and limits of which are enshrined in the normative legal acts of Ukraine, which regulate the direct activities of the police, prosecutor's office, the Security Service of Ukraine, and others. The activities of the stated law enforcement bodies should be aimed at achieving those goals and tasks that are identified as priorities of the Constitution of Ukraine. Education plays an important role in this context.Describing the concept of competency of any law enforcement bodies, it should be remembered that this is the system of authority, a particular kind of subjective rights and duties that arise during the implementation of its functions by the specified bodies on the territory of Ukraine. It is necessary to emphasize the attention of law students during the teaching of professional disciplines.The competence, organization and procedure of activities of law enforcement bodies should be clearly and thoroughly defined in separate laws. Moreover, it should be borne in mind that the greatest effect can be achieved by settling the legal position and competence on the unified conceptual basis of the whole system of state authorities. This will solve the problem of co-ordination of the work of all law enforcement bodies, will help to bring their work to a qualitatively new level and ensure the proper legal order in the state.The emphasis of attention of lecturers on the specified material and procedural aspects of the com- petence of law enforcement bodies during the training of lawyers can create a more complete understanding of the legal nature of this phenomenon, as well as the limits of the permissible behavior of officials of these bodies during the time they serve their legally established functions.

Higher Law: Can Christian Conservatives Transform Law Through Legal Education?

The allure of law schools as transformative institutions in the United States prompted Christian Right leaders to invest in legal education in the 1990s and early 2000s. The aspiration was to control the training of lawyers in order to challenge the secular legal monopoly on law, policy, and culture. In this article, we examine three leading Christian conservative law schools and one training program dedicated to transforming the law. We ask how each institution seeks to realize its transformative mission and analyze how they organize themselves to produce the kinds of capital (human, intellectual, social, cultural) needed to effectively change the law. To do so, we develop a typology of legal institution-building strategies (infiltration, supplemental, and parallel alternative) to compare the relative advantages and disadvantages of institutional forms. We conclude by discussing implications of our findings for those looking to law schools as sites of broader transformation within the law.

Georges Guerwich is the forerunner of the foundation of a sociological school at the Dnipro University

The role and place of Georges Guerwich in the foundation of a sociological school at the University of Dnipro. It was found out that at the beginning of his academic career, Georges Guerwich, a coryphae of the Paris School of Sociology, worked for some time at the University of Katerynoslav, thus having laid, at least implicitly, the seeds of sociological education in the Pridneprovsky region. The course of events preceding the opening of the classical university in Katerynoslav is described. It is also noted that when opening the Faculty of Law of the named above, special attention was paid to ensuring the sociological component of the training of future lawyers. Relying on the experience of Western European and especially American universities, it was proposed at the opening of the Faculty of Law in Katerynoslav to establish a department of sociology. For this mission to the University of Katerynoslav, a talented graduate of the Petrograd University George George Gurvich was invited, who is a pupil of intellectual leaders of the Russian law school L. Petrazhitsky, P. Novgorodtsev, F. Taranovsky. While working at the Department of Encyclopedia, History of Philosophy of Law, he laid the foundations of sociological culture at this institution of higher education. It is proved that his general sociological views have a phenomenological basis. G. Gurvich determined that the object of sociology is sui generis phenomena, which are neither reduced to physical nor chemical, biological or psychological phenomena, and the explanation of their main attributes is the main task of sociology. In this case, the main attributes of social phenomena may be in agreement or in conflict. Characterized by the sociological views of Georges Gurvich, it was noted that his sociology is distinguished by the principal attention to theoretical and methodological issues, the phenomenological angle of considering social problems, the elucidation of the historical and genetic foundations of social processes. It was emphasized that it is precisely this focus of the problem’s consideration that is inherent in a sociological school formed at the Dnipro University. Georges Guerwich’s intellectual heritage, academic and scientific-organizational activities are of great importance for the development of world sociology. He co-operated with P. Sorokin, N. Timashev, F. Stepun, P. Struve, and maintained friendly relations with L. Brunswick, L. Lévy-Bruhl, M. Mouss, M. Halbwachs, T. Parsons, R. Merton and others luminaries of modern sociological science. His lectures were attended by J.-P. Sartre and J. Lacan.

IMPROVEMENT OF CONTENT PROVIDING SPECIAL TRAINING OF FUTURE LAWS: INTEGRATED INTER-DISCRIMINATORY EXPRESS COURSE "FORMING THE LEGAL CULTURE OF FUTURE LAWYERS"

The article describes one of the pedagogical conditions for the formation of the legal culture of future lawyers - improving the content provision of professional training of future lawyers on the basis of the introduction of an integrated, interdisciplinary express course "Formation of the legal culture of future lawyers".Improvement of content provision of professional training of future lawyers on the basis of the introduction of an integrated multidisciplinary express course "Formation of the legal culture of future lawyers" should be divided into two stages:І stage – updating and enriching the contents of disciplines of general and professional training cycles with information about the legal culture of future lawyers;ІІ stage – development and studying by students of the integrated interdisciplinary express-course "Formation of the legal culture of future lawyers".

TINJAUAN YURIDIS KETENTUAN PASAL 13 AYAT (2) PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 42 TAHUN 2013 TENTANG SYARAT DAN TATA CARA PEMBERIAN BANTUAN HUKUM DAN PENYALURAN DANA BANTUAN HUKUM

Legal assistance is legal services provided by legal aid providers free of charge to legal aid recipients. The recipient of legal aid is the person or group of the poor. While the legal aid providers are legal aid agencies or community organizations that provide legal aid services based on Law Number 16 Year 2011. This legal research focuses more on lecturers and law faculty students as legal aid providers. With the existence of Law No. 16 of 2011 on Legal Aid can open opportunities for students to train lawyers in the Court. This research used normative legal research method, the type of research used is normative juridical, the approach taken is the statutory approach (statute approach) Legal Aid Act exactly explains and expands the parties that can provide legal aid Not only advocates which can provide legal assistance but also paralegals, faculty and law faculty students, the provision of legal aid by lecturers and students of law faculties is an action that must be realized because it is the implementation of the third function of Tri Dharma Perguruan Tinggi, that is the dedication to the society In handling the legal matter communities, paralegals, faculty, and law faculty students are subject to the same procedural law. Keywords :legal aid providers

LEGAL EDUCATION IN THE BRICS COUNTRIES IN THE CONTEXT OF GLOBALIZATION: A COMPARATIVE ANALYSIS

Legal education in the contemporary world is changing. The main influences are linked to developments in transportation and communication and the enmeshing of diverse economies embraced by globalization. Law schools confront more mobile and more ambitious students who wish to experience different jurisdictional practices, to serve the increasingly global business community and to be more competitive. This research examines the modifications required in legal education as a result of globalization with specific reference to law schools in the BRICS countries of Brazil, Russia, India and China.Research on higher education, and legal education in particular, has been growing in recent years, yet there is still a gap in the study and comparison of the specifics of legal education within the BRICS countries. This research makes an attempt to analyze and contrast the current goals, objectives, structure and quality of higher legal education in Brazil, Russia, India and China. The specifics of law schools have been studied over the past twenty years in correlation with economic, cultural and education trends in BRICS and globally.Based on research literature, practitioner literature and legislative sources, this paper outlines common and special features of lawyer training in BRICS. The prime similarity of the legal education systems in BRICS are global education trends and the influence of the U.S. and UK education systems. Each BRICS country experienced an “explosion” in the popularity of legal education and, consequently, the urgent need to reform the education process in order to attain better quality and affordability. The result of these reforms, taking place in each country from 1950 to today, has become the growing differentiator of the educational institutions, turning them into “elite” and “mass” law schools.The facets of legal education in Brazil, Russia, India and China are attributed to their national policies as well as the historical development of the educational institutions and their perception of what specific lawyer skills and competencies are demanded by the legal market and national population. We conclude that the structure and quality of legal education as well as the requirements and monitoring tools vary in each country. These are dependent on several factors: the specific country’s ideology, its economic development, its proximity to an “Eastern” or “Western” model, its ability to learn from foreign education systems and its attempts at self-identification in the global educational space.

Hacia una educación jurídica práctica y globalizada en Colombia

Las problemáticas que enfrenta actualmente la formación de los abogados en Colombia están relativamente identificadas y son parte incluso de la agenda gubernamental en materia de educación superior. Sin embargo, las estrategias y propuestas de solución respecto de aquellas lucen aún precarias e insuficientes. En este orden, el escrito propone que una parte importante de dichas problemáticas pueden afrontarse de manera efectiva, mediante la promoción y profundización de una formación jurídica más globalizada y práctica en las escuelas de derecho. Para efectos, el documento parte de diagnósticos más generales y relativos a la educación legal tanto en Latinoamérica como en el resto del mundo. Con lo anterior, se pretende sentaruna base preliminar para una discusión más profunda acerca del tipo formación que reciben los estudiantes de derecho en Colombia.

A Study on Improvement of Law School Externship Course and Practical Training of New Lawyers

A Study on Improvement of Law School Externship Course and Practical Training of New Lawyers