Bulletin of Kemerovo State University. Series: Humanities and Social Sciences

Journal Information
ISSN / EISSN : 2542-1840 / 2541-9145
Current Publisher: Kemerovo State University (10.21603)
Total articles ≅ 132
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Andrey Peraladov, Alexander Lichman
Bulletin of Kemerovo State University. Series: Humanities and Social Sciences, Volume 2020; doi:10.21603/2542-1840-2020-4-4-353-364

Abstract:
The present research featured optimization of the proof and its effect on the meaning and spirit of the law as in the case of administrative liability for exceeding the vehicle average speed. The authors describe the legal opinions of administrative bodies, courts, and prosecutors on the issue of exceeding the vehicle average speed registered by traffic cameras. The authors believe that it cannot be used as a basis for administrative liability since the concept of "vehicle average speed" is absent from the law. Moreover, it violates the presumption of innocence and imposes unfair burden of proof on the driver. The article introduces the difference between the calculation of the vehicle average speed and the proof of the body of an administrative offense. The proof should include the exact place and time of speeding, whereas the evidence for their determination should be admissible and relevant. Traffic cameras have too many disadvantages to be used for establishing the event of an administrative offense and bringing people to administrative sanctions.
Irina Timofeeva
Bulletin of Kemerovo State University. Series: Humanities and Social Sciences, Volume 2020; doi:10.21603/2542-1840-2020-4-4-306-314

Abstract:
The article introduces a new model for developing volitional self-direction skills in students of orphanage schools. The research objective was to identify and describe the components of this model. The paper explains the essence of the self-direction process and the specifics of self-direction development in adolescents. The problem of developing self-direction in orphans still remains understudied. The authors proved that volitional self-direction skills develop in orphans in the environment where they live and study. They defined the concept of developing volitional self-direction skills in orphanages as a continuous, purposeful, and controlled interaction between teachers and students, aimed at developing a system of knowledge and ideas about the volitional regulation of students’ activities, as well as acceptable ways of reacting and behavioral patterns in various situations. The paper describes criteria, indicators, recommendations for assessment, and organizational conditions.
Angelina Sevostyanova
Bulletin of Kemerovo State University. Series: Humanities and Social Sciences, Volume 2020; doi:10.21603/2542-1840-2020-4-4-365-375

Abstract:
Indemnity is considered in three aspects: the philosophy of law, the principles of civil law, and the legislative establishment in the Civil Code of the Russian Federation. This study focuses on this ambiguous institution that was introduced on June 1, 2015, in order to maintain the practice of parties applying contractual terms that are not part of the counterparty's mandatory program. The article analyzes the controversial issues of the need to introduce the institution of indemnity, for instance, the decision to narrow its scope of application in comparison with the Anglo-Saxon law countries. The scope of application of indemnity is limited by its subject composition. Legal entities with a complex corporate structure are especially interested in this institution: the higher their risks connected with reputation, foreign economy, market conditions, strategy, etc., the greater the need for establishing indemnity. The present research does not cover all scientific publications on this subject, as most of them demonstrate a critical view of the fact that the institute of indemnity was borrowed from the English law. Similarly, the paper does not describe the indemnity formation process in the contract law of England, as scientific literature on this matter is abundant. This work is aimed at analyzing the causes of legislative establishment, identifying problems in the practice of application, and forming models of effective legal understanding of indemnity.
Alexander Dumov
Bulletin of Kemerovo State University. Series: Humanities and Social Sciences, Volume 2020; doi:10.21603/2542-1840-2020-4-4-315-322

Abstract:
The paper presents a review of modern philosophical and methodological literature on exploring complexity. The research featured the effect of metaphor in the cognitive processes, research communication, and transmission of complex ideas. The author developed a classification of metaphors in the context of exploring complexity. The approach is based on the identification of a certain ontological and epistemic content of the metaphor. The contextual role of the metaphor in cognition processes depends on these aspects of its content. The author analyzed the groups of metaphors associated with such topics of exploring complexity as self-organization, ecology, and dialogue. The metaphors proved important in developing a complex vision of the relationship between the cognizer and the world. The study also examined the axiological aspects of the metaphors, as well as the connection between the metaphor and the new vision of rationality, typical of the philosophical reflection of complexity. The metaphor proved to have a heuristic, communicative, and organizational potential in conditions of methodological uncertainty. The context of philosophical and theoretical-methodological reflection of complexity makes it possible to study the metaphor in order to identify the existing models of exploring complexity and their cognitive stylistics.
Veronika Dzvonik, Georgy Mukhanov
Bulletin of Kemerovo State University. Series: Humanities and Social Sciences, Volume 2020; doi:10.21603/2542-1840-2020-4-4-297-305

Abstract:
The present research featured the possibilities of using the training process to develop volitional character qualities in young football players in a sports school. The article describes the theoretical ideas about volitional qualities as an object of psychological and pedagogical research, as well as various types of activity where these qualities can be realized. The authors focus on the development of volitional qualities in primary school children involved in sports vs. their peers. They believe that sport brings about positive changes in the parameters of the volitional sphere of the primary school students, e.g. discipline, sense of purpose, etc. The research experimentally proved the effectiveness of football for the development of volitional qualities in primary school children. The research results can improve the process of developing various volitional qualities in pupils during extracurricular activities. The paper also introduces a program of psychological and pedagogical support, which develops volitional qualities in young football players.
Maria Yazsevich
Bulletin of Kemerovo State University. Series: Humanities and Social Sciences, Volume 2020; doi:10.21603/2542-1840-2020-4-4-338-345

Abstract:
The article explores the ontological foundations of power in Western European philosophical discourse. The author analyzed essential characteristics of power within classical and non-classical paradigms, thus revealing the relationship of its ontological principles with social practice in different historical periods. According to the classical rationalistic world view, power was endowed with metaphysical properties, which provided it with transcendental status and ethical characteristics. Power correlated with such concepts as "good", "hierarchy", "responsibility", "order", "law", "justice", etc. This discourse presented the government as a category of ontological order, sacrament to the Absolute, and contributed to the development of its institutional forms and management strategies based on control, subordination, and coercion. The non-classical paradigm put forward the idea of power as a manifestation of the irrationality of the human psyche. Criticism of logo-centrism made voluntaristic philosophers present power as a category of anthropological discourse. Its basic properties were defined through such concepts as "universality", "irrationality", "subjectivity", "totality", "ubiquity", etc. Power was deprived of its transcendental status and ethical character, which traditionally provided it with legitimacy in society. However, it acquired the properties of universality and immanence of human nature in the unconscious structures of human psyche. In social practice, the transformation of the principles of power led to the development of ideological discourses and new ways of exercising power
Olga Biryukova, Irina Bondarenko, Oleg Vinnichenko
Bulletin of Kemerovo State University. Series: Humanities and Social Sciences, Volume 2020; doi:10.21603/2542-1840-2020-4-4-346-352

Abstract:
This research featured the origin, formation, and development of the institute of defence attorneys in Russia. The methodology was based on the classical principles of historicism and objectivity. Comparative-historical and chronological methods made it possible to reproduce a retrospective analysis of the development of the Institute of defence attorneys. The formal-legal method helped to clarify its legal basis. The authors studied normative legal acts and monuments of law, as well as scientific publications, monographs, and dissertations related to the history of the Bar in Russia. The institute of defence attorneys proved to have a long history, from the first legal representatives of the XV century to the first Russian Bar in the second half of the XIX century, the Soviet Bar, and the contemporary Bar. At each stage, the Russian Bar had its own specific features. For instance, the term "lawyer" was not used in the pre-revolutionary period. The Judicial Statutes of 1864 included the term "sworn attorney". During the Soviet period, lawyers were called "defenders". Their function was quite formal: to represent the general principles of Soviet legislation rather than to defend the interests of the client. The contemporary law on legal practice and defence defines the terminology and regulates the legal status of an attorney. The paper also introduces an analysis of the forms of Bars in Russia and their main functions. The Institute of defence attorneys provides qualified legal assistance to the population, which makes the review quite relevant.
Vladimir Zolotukhin
Bulletin of Kemerovo State University. Series: Humanities and Social Sciences, Volume 2020; doi:10.21603/2542-1840-2020-4-4-323-329

Abstract:
The article deals with the socio-philosophical and cultural aspects of human activity in the conditions of forced interaction with information technologies and related socio-economic and psychological risks. On the one hand, there is a need to develop an information culture as one of the essential elements of the communicative interaction between various subjects of information space. On the other hand, ethnonational and other risks should be minimized, including the current situation of modern information diversity. The development of information technologies triggers new forms of criminal behavior, which shape a symbolic image of violence through manipulation and propaganda. The effectiveness of Internet crime prevention depends not only on the timeliness of the adoption of relevant legal acts, but also on the prompt response by state and law enforcement agencies to criminal activities in the information space. The new information infrastructure should be human-centered and aimed at realizing human potential and needs in order to improve the quality of life.
Marina Golovaneva
Bulletin of Kemerovo State University. Series: Humanities and Social Sciences, Volume 2020; doi:10.21603/2542-1840-2020-4-4-287-296

Abstract:
Dualism is a specific quality of approximation principle. The present research featured the potential of approximation principle for linguadidactics, namely to what degree it can be used to teach Russian as a foreign language and perform correction work in class. The research objective was to assess the efficiency of this principle. The study was based on the method of observation. The article introduces analyses of scientific linguadidactic literature and some typical situations of educational process. The author separates correction work from speech activity, i.e. talking, writing, and reading. The author believes that speech mistakes must be corrected immediately, involving the student in the correction process. Graphic facilities should be used to illustrate the norm. Therefore, in practical linguadidactics, approximation principle should be minimal. Yet, approximation is impossible to avoid in the abovementioned types of speech activity, which hints at the dualism of this principle. Therefore, all errors must be corrected using graphic means, if possible, by both the teacher and the student. Students should be encouraged to participate in the correction process, while the teacher maintains supervisory control.
Vladimir Laluev
Bulletin of Kemerovo State University. Series: Humanities and Social Sciences, Volume 2020; doi:10.21603/2542-1840-2020-4-4-330-337

Abstract:
The increasing interest of the mass audience to various types of fantasy art triggered an interest for the genre of religious vision, a phenomenon of the theological literature of the XIX century. The present research featured a philosophical and theological analysis of the genre of vision in the Western European and Russian religious culture of the XIX century. The research objective was to identify the origins of the genre of vision that arose in the religious culture of the XIX century and to give it a general description. The author compared the visionary experiences of the Protestant author Ellen G. White and an anonymous Orthodox author. The study helped to reveal that people's idea of the existence of the other world is an integral component of the imaginary world that underlies any religion and can be a subject of comprehensive analysis in modern theology and cultural studies. The author used the following research methods to comprehend the spiritual experiences embodied in the genre of visions and recorded in the doctrinal literature of Protestantism and Orthodoxy: the comparative historical method and the textual analysis of visionary texts, theological literature, and ontopsychological studies. The theoretical basis included various works by Russian philosophers, cultural scholars, and theologists, who elevated the visionary literature to the level of meta-scientific synthesis. The scientific novelty of the research is that it compares the spiritual experiences of Protestantism and Orthodoxy. The paper introduces a method that can be used to study other religious confessions in philosophical and religious discourse.
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