History and prospects of legal pedagogy. Basic concepts of legal pedagogy Terms of legal pedagogy

Legal pedagogy has a fairly long history and history of its development. TO background Legal pedagogy can include everything that happened in Russia from the distant times of the formation of Russian statehood in the 16th century. and until the beginning of the 20th century. This historical period is characterized the emergence of the first pedagogical ideas and measures in law enforcement. At this time, publications and practical measures of a pedagogical nature appeared and began to spread. They concerned the pedagogical aspects of professional training of officials of the Ministry of Internal Affairs, the emergence of special training for police officers, gendarmes, prison officers, the first training courses on the beginnings of preventive pedagogy (working with juvenile offenders, vagabonds, beggars, street children), penitentiary (correctional) and post-penitentiary (assistance to persons released from places of detention, accustoming those released to life in freedom, preventing recidivism) pedagogy.

Story Legal pedagogy as a branch of scientific knowledge began with the active use in law enforcement practice of the achievements of general pedagogy, attempts to theoretically substantiate practical measures of a pedagogical nature, and the use of pedagogical research methods in the legal field. In time, the first period of history is the period the beginning of the scientific solution of certain pedagogical problems of the activities of law enforcement officers- can be attributed to the turn of the XIX-XX centuries.

Corrective labor (penitentiary) pedagogy and, to some extent, pedagogy for training personnel for law enforcement agencies, preventive (prophylactic) pedagogy and methods of teaching law have received especially active development. A distinctive feature of the beginning of the period was the increased scientific level of research and publications.

The second period began in the 60s of the 20th century, during the “Khrushchev Thaw”, it became a period intensive expansion, deepening and increasing the scale of research into pedagogical problems of strengthening socialist legality and order. At this time, research begins on the problems of legal consciousness, legal education, work with personnel, management pedagogy, preventive pedagogy, pedagogy of professional legal education, methods of teaching law in secondary schools, etc. Special educational disciplines appeared in legal educational institutions: “Corrective labor pedagogy”, “Psychology and pedagogy in the activities of employees of internal affairs bodies”, “Pedagogy in the border troops”, “Pedagogy in the activities of state security officers”, “Pedagogy of internal troops”, “Pedagogy of management in law enforcement agencies”, “Pedagogy of higher and secondary specialized schools in law enforcement agencies", "Pedagogical culture and teaching techniques", "Intensive pedagogical technologies", etc. Important and characteristic of this period was the beginning of the training of certified specialists in pedagogy for law enforcement agencies, the defense of pedagogical master's and doctoral dissertations by their employees, the conduct of scientific and scientific and practical conferences; since 1995, the Omsk Higher School of the Ministry of Internal Affairs has published the periodical journal “Psychopedagogy in Law Enforcement Agencies.”

Research and publications carried out by A.I. played a prominent role during this period. Alekseev, M.A. Alemaskin, A.S. Batyshev, I.P. Bashkatov, S.A. Belicheva, L.I. Belyaeva, A.V. Budanov, A.A. Volkov, V.N. Gerasimov, I.V. Gorlinsky, V.P. Davydov, G.P. Davydov, P.P. Davydov, SI. Denisenko, F.M. Zezyu-lin, A.I. Zubkov, V.Ya. Kikot, N.I. Kiryashov, E.A. Kozlovskaya, I.F. Kolontaevskaya, V.G. Kolyukhov, N.S. Kravchun, A.D. Lazukin, I.A. Latkova, V.M. Litvishkov, N.A. Minzha-nov, V.M. Obukhov, V.B. Pervozvansky, V.A. Pishchelko, V.I. Po-stoev, A.A. Ryabov, A.M. Stolyarenko, M.P. Sturova, N.A. Tyugaeva, A.A. Fedotov, B.I. Khoziev, V.I. Khalzov, I.V. Shmarov and others.

Third period - period transformation of legal pedagogy into a special branch of scientific knowledge (branch of pedagogical science), the practical need for which has increased sharply in the new history of Russia. Its beginning dates back to the end of the 90s of the XX century. and was due to: 1) radical social transformations in Russia, plans for building a democratic, civil, legal society in it, the transition to a market economy and the costs of the turning point in the restructuring of the work of government bodies, which led to a sharp criminalization of the entire life of the country, which confronted pedagogical science, teachers working in legal sphere, fundamentally new tasks; 2) the logic of the development of pedagogical work in this area, formed in law enforcement agencies by a special scientific community of specialist teachers, accumulated by a large volume of special pedagogical knowledge, the depth of their scientific elaboration, which led to the transformation of this entire complex into a special branch of pedagogy - legal pedagogy. The very name “legal pedagogy”, options for systematizing accumulated knowledge, isolating and formulating positions characterizing any established branch of science (special subject of research, goals, objectives, systematic knowledge, methodological foundations, principles, place among other sciences, etc.) were proposed in 1997-2000 It can be argued that by 2000, legal pedagogy acquired the scientific characteristics of a “real science” with its own paradigm (terms introduced by the American scientist T. Kuhn), namely:

Established scientific approaches, ideas, provisions;

Understanding the object and specific subject of research - legal and pedagogical reality;

Special methodology and methodology, a complex of interrelated sections and areas of research;

Specific phenomenology and conceptual apparatus;

A system of consistent scientific theories;

Established theoretical and applied approaches, within the framework of which new generations of scientists can find unsolved problems and conceptual foundations for their research;

A sharp increase in the number of publications, books, master's and doctoral dissertations on problems of pedagogy in the legal field.

During the historical period of the creation in Russia of a humane, democratic, civil, legal, civilized society, in which social justice, life, rights, and the personal dignity of each person are proclaimed and should become the greatest social values, the social responsibility of legal pedagogy has increased sharply and will continue to grow. For her, scientific scope and long-term prospects for opportunities, development and self-affirmation in the practice of strengthening law and order, in ensuring a safe and free life for every citizen have been revealed.

3. Methodology of legal pedagogy (p. 223)

Specificity of the methodology of legal pedagogy

The interdisciplinary position of legal pedagogy determines the specificity and integral nature of its fundamental approaches to research and explanation of problems, search and evaluation criteria for developed practical recommendations. In its “legal part,” legal pedagogy is based on legal realities (tasks of building a rule of law state, the existing legal system, the state of law and order and legality, goals, objectives and problems of their improvement, the legal framework of law enforcement, organizational and legal decisions, etc. .), and in the “pedagogical part” he approaches them from a scientific and pedagogical position, delves into the research pedagogical realities- pedagogical facts, patterns and mechanisms upbringing, education, training and development, guided by the scientific achievements of general pedagogy and adapting them to the specifics of their goals and objectives. As a result, in its main characteristics it acts as pedagogical science, branch of pedagogy, and not “educational jurisprudence.”

The approach of legal pedagogy to the interpretation of its “pedagogical part” is methodologically important. In this regard, the question arises about its relationship with general pedagogy. In its theoretical constructions, it cannot and should not be a direct application of the general principles of pedagogy to the field of law, because then it will be, at best, educational “pedagogy for lawyers”, and not a special branch of scientific knowledge - legal pedagogy, reflecting the specifics of pedagogical reality in the field rights. In addition, this would be a gross scientific mistake, because the reality it examines is specific not only in legal terms, but also in pedagogical terms. It would be wrong to completely deny the cognitive benefits of reasoning based on legal material with a general pedagogical commentary on it. Therefore, the specificity of legal and pedagogical research and knowledge, their special scientific and practical value arise only when identifying what is special in the pedagogical reality that is included in the sphere of law. This is not scientific ambition, but epistemological, methodological and theoretical necessity, practical feasibility reflection in special knowledge of a special reality - legal. Legal and pedagogical reality is not the reality of the artistic development of children or the education of students at a technical university, but the reality of legality, the fight against crime, actions in life-threatening conditions, the activities of professionals, pedagogy for solving life problems that fall under legal assessment, etc. Here we find not only those known to general pedagogy, but also new cause-and-effect pedagogical dependencies, patterns and facts.

All this does not at all detract from the role of general pedagogical foundations, which are the foundation of all constructions of legal pedagogy, the roots of its ideas. Without the use of the provisions of general pedagogy, there would simply be no legal pedagogy. Their relations correspond to the general philosophical categories of the general and the particular: in the particular there is always the general, but the particular is not exhausted by the general.

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"TANDEM"

A.M. Stolyarenko

LEGAL

PEDAGOGY

Course of lectures

Moscow 2000

Stolyarenko A.M.

S 81 LEGAL PEDAGOGY. Course of lectures. - M.: Association

ISBN 5-88124-066-9

The book provides the fundamental concepts of legal pedagogy that correspond to the realities of a lawyer’s work: pedagogy in law enforcement, pedagogy in solving legal problems in the interests of strengthening the rule of law and order. The publication reveals didactics of professional training in law enforcement agencies.

The course of lectures is characterized by structural integrity and theoretical depth. It is based on a generalization of extensive factual material. The publication provides numerous pedagogical recommendations for improving legal and pedagogical work, educating and training law enforcement personnel. The educational material and the logic of its presentation are structured taking into account the specifics of the training of lawyers and the nature of their future activities.

The course of lectures is intended to provide a professional study of pedagogy (in combination with the study of its fundamentals) in legal educational institutions and is intended for teachers, students, cadets and listeners.

The publication also provides practical skills necessary for employees of law enforcement agencies, courts, prosecutors, internal affairs bodies, tax services and tax police, notaries, the bar, etc.

This is the first book in the domestic and world literature on legal pedagogy, revealing a system of scientific knowledge that is at the intersection of jurisprudence and pedagogy, and is relevant in the modern conditions of life of Russian society.

BKK 74. © ECMOS, ISBN 5-88124-066- © Stolyarenko A.M.

CONTENTS Lecture 1. Introduction to legal pedagogy………………………… 1.1. Rule of law, law and order and pedagogy……………………… 1.2. Subject, goals, objectives, system of legal pedagogy……………... 1.3. Methodology of legal pedagogy…………………………………... Lecture 2. Socio-legal pedagogy…………………………. 2.1. Social pedagogy and legal sphere………………………………. 2.2. Legal socialization and legal culture of citizens………………… 2.3. Social pedagogy of law................................................................... .................... 2.4. Social and pedagogical factors in the legal sphere………………… 2.5. Problems of forming the legal culture of the population……………… Lecture 3. Pedagogy in law enforcement…………..... 3.1. The main types of connections between law enforcement activities and pedagogy…………………………………………………………………………………….. 3.2. Pedagogy in the activities of various law enforcement specialists……………………………………………………………….

3.3. Preventive pedagogy…………………………………………………………….. 3.4. Correctional (penitentiary) pedagogy………………………... 3.5. Post-penitentiary pedagogy………………………… 3.6. Pedagogical technique of a lawyer……………………………………………. Lecture 4. Pedagogy of legal education…………………….... 4.1. Legal education and its pedagogical system in an educational institution…………………………………………………….. 4.2. The problem of the personality of a student - a future lawyer……………………. 4.3. Personality-forming potential of an educational institution……………………………………………………………………………………. 4.4. The essence and methodological system of training lawyers………………… 4.5. Organizational forms of training…………………………………….. 4.6. Intensive technologies in legal education……………….. 4.7. The work of a student, cadet, trainee in mastering the legal profession…………………………………………………………………………………….. 4.8. Pedagogical culture of the teacher and teaching staff……………………………………………………………………………………... Lecture 5. Pedagogy of law enforcement agency management... 5.1. Pedagogical concept of law enforcement agency management………………………………………………………………………………….. 5.2. Pedagogical technologies in organizing the life and activities of a law enforcement agency……………………………………………………………… 5.3. Pedagogical technologies in the current management of a law enforcement agency……………………………………………………………… 5.4. Pedagogical technologies in the presentation of demands by the head……………………………………………………………….. 5.5. Pedagogy of an example of a leader’s personality and style of activity.. Lecture 6. Pedagogy of educational work with law enforcement personnel…………………………………………... 6.1. Features of the education system in a law enforcement agency……... 6.2. Pedagogical principles of employee education…………………….. 6.3. Moral and psychological preparation…………………………………… 6.4. Legal education and prevention of professional deformation of an employee’s personality……………………………………………………… Lecture 7. Didactics of professional training in law enforcement agencies……………………………………………………… …………………………………..... 7.1. Pedagogical features and objectives of professional training.................................................................... ........................................................ ................... 7.2. Pedagogical principles of professional training……………… 7.3. Features of the organization and methodology of professional training classes………………………………………………………………………………… 7.4. Training of special groups (crews, detachments)…………………… 7.5. Organizational preparation………………………………………………………... 7.6. Vocational and pedagogical training…………………………. Lecture 8. Extreme legal pedagogy……………………... 8.1. Extreme nature in law enforcement activities and its special requirements for the preparedness of an employee……………………………………………………… 8.2. System for training employees to act in extreme conditions…………………………………………………………………………………………. 8.3. Professional and psychological training…………………………. 8.4. Physical preparation for actions in extreme conditions……. 8.5. Fire training………………………………………………………... 8.6. Preparing employees and citizens to ensure personal safety………………………………………………………………………………………. 8.7. Preparation for action against an armed offender……… 8.8. Maintaining service and combat training…………………….. 8.9. Pedagogical support for solving service and combat tasks in emergency circumstances…………………………………… Lecture 9. Comparative legal pedagogy.............. ................. 9.1. Methodology of comparative legal work………………………... 9.2. Pedagogy in the practice of law enforcement agencies abroad…………………………………………………………………………………………. 9.3. Legal education abroad…………………………………… 9.4. New foreign pedagogical technologies for training professional fishing…………………………………………………………………………………… 9.5. Using global experience in working with personnel………………..... LECTURE 1. INTRODUCTION TO LEGAL PEDAGOGY 1.1. STATE BY LAW, LAW ORDER AND PEDAGOGY State by rule of law, legality, law and order and science.

One of the most important trends in the movement of human civilization into the future is the creation of societies based on law. A legal state that ensures the life of civil society, the rights and freedoms of citizens, opportunities and conditions for the development of their capabilities and satisfaction of needs is the modern ideal of state structure. All humanistic ideas that place human interests at the center of public interests, the ideas of democracy, rights and freedoms, full satisfaction of needs, free development and others will remain a bluff outside the rule of law.

Today, and specifically in the conditions of Russia, the task of strengthening the legal sphere has acquired priority importance, especially in connection with the increased crime rate by an order of magnitude, which has become a brake on social development. The creation of a just society, built on the law, is a global task of all its healthy forces and is possible only with the full use of existing opportunities. One of them, and not the last, is related to the full use of the rich possibilities of science.

Social forces, like the forces of nature, can act spontaneously and destructively as long as people do not want to understand them, cannot take them into account and direct them in their own interests. Actions by eye, self-confident use of intuitive and based only on personal experience considerations, blind imitation of foreign models, reliance on the power of administrative pressure, actions by trial and error are the deep causes of slippage and failure in any business, and at the state level they are simply unacceptable. Their archaism is especially intolerable against the background of modern achievements of world civilization.

Everything is in the hands of a person - a civilized, intelligent, moral person. No arbitrary movements in changing the legal sphere of society and its foundations can solve the problem of creating a rule of law state, protecting the interests and rights of citizens, if this is not done in the most competent, scientific and civilized manner.

In our country, unfortunately, global trends in the active use of the capabilities of science to achieve radical improvements and overcome problems that cannot be empirically solved turned out to be underestimated and not implemented. Until the 90s, attempts were made to achieve success and progress by identifying and eliminating shortcomings, which in essence could only restore some norm violated by shortcomings, but not ensure proper progress. Numerous inspections, replacing each other and taking people away from work, with a sense of accomplishment, wrote devastating acts, organized scoldings, gave “valuable” instructions to “eliminate”, “pay attention”, “increase activity”, “find an opportunity” etc. However, this did little to improve the matter, because those being verified themselves knew their shortcomings (and even better than those verifying), and the trouble was that they could not, for objective or subjective reasons, eliminate them.

Russia's development lag behind many prosperous countries in its roots was largely due to the disdainful attitude of practice towards science, which not only made discoveries, but also analyzed, generalized practical experience, found ways to improve it, and developed intensive technologies. To a large extent, this also applies to solving the problems of creating a rule of law state, strengthening the rule of law, law and order and the fight against crime.

The development of human civilization is now at the level where it is the mass use of advanced technologies in practice that determines the strength of the state, its progress, and the quantitative and qualitative results of labor. In order to successfully move towards a better future, live in a civilized manner, work more successfully, achieve more, it is necessary to universally use intensive modern technologies in any activity, including law enforcement, both at the state and local level, in the work of each body law enforcement and every employee. This also applies to the use of pedagogical technologies developed by legal pedagogy.

Pedagogy, society, people. Society is always the same as its citizens. It can be better, more perfect only when it better and more perfectly forms the best type of personality. Pedagogy is the science of the purposeful formation of personality and human communities, which determines its social significance. Initially, pedagogy was only concerned with working with children in special educational and educational systems (kindergartens, schools, families). Today, it is becoming more and more a science in working with any categories of citizens and in any systems and conditions related to the solution of pedagogical problems.

The main systemic pedagogical phenomena involved in the process of formation of personality and human communities, studied by pedagogy, are education, training, upbringing and development.

Education is a purposeful process of enriching the individual and communities of citizens with fundamental (extensive, deep, scientific, systematized, complex) knowledge that meets the modern level of human civilization and the achievements of the scientific and technological revolution. Such knowledge provides an appropriate understanding of the world, man, life, society, oneself and one’s activities, forms the habit and need for thinking, independent informed judgments, the ability and need for creativity, creation, enrichment of human experience and the progress of society. The individual result of education is the education of the individual, the community, determined not by formal indicators - diplomas - but by a real understanding of the environment and oneself, manifested in relationships, behavior and actions. Education has educational and developmental significance and should be carried out with the achievement of appropriate pedagogical results.

Training is a purposeful process of developing knowledge, skills and abilities in students. Its result is the education of the individual, the community of people. Special training, focused on the fundamentality, outlook, and general civilization of students - educational training - makes it an integral part of education. In educational institutions focused on students achieving a certain educational qualification, the educational score of training should be clearly expressed and occupy a worthy place in it. In a number of cases, training is conducted without such orientation and takes on the character of private (narrow, limited) professionalism, reduced to practical skill. Such training has the right to exist in practical law enforcement agencies or form part of the training of students in educational institutions. When students are poorly enriched with knowledge and taught only the technique of action, without a deep understanding of why they need to act one way and not another, it essentially turns into professional coaching, professional drilling, training.

Education is designed to contribute to the education and development of individuals and groups of citizens, to be educational and developing.

Education is a purposeful process of formation of the most important social qualities of an individual as a citizen of society and a bearer of universal human values: spiritual, ideological, patriotic, humane, behavioral, moral, legal, cultural, labor, etc. Education achieves the adaptation of the individual to life in society at the level of human civilization, the formation of citizenship, love for the Motherland, the surrounding nature, family, hard work, respect for the law, human rights and freedoms, humanism, respect for universal human values, satisfaction of the needs of the individual, provision of conditions for self-determination in free, intellectual and cultural development, in self-realization. The result of education is the education of a particular person, a community of citizens. Part of the general education is professional education, aimed at developing good manners and its components in a lawyer and the team of a law enforcement agency. Legal education of legal professionals and citizens is an integral part of their general and professional education. It is specialized in achieving lawful behavior of legal professionals and citizens, their active and fruitful participation in strengthening the rule of law and order.

Development is a purposeful process of determining quantitative, qualitative changes and transformations in individuals and the human community, leading to an increase in the level of development of their intelligence, abilities, the most important business (pedagogical, psychological, psychophysiological, physical) qualities and abilities (organizational, pedagogical, managerial , investigative, etc.;

interests, inclinations, attention, memory, will, stability, dexterity, speed of reactions, resourcefulness, etc.), more advanced forms of their spirituality. Its main components are social, cultural, moral, legal, intellectual and physical development. The individual result of development is the development of the individual and the group, the collective (for example, its transformation into a collective that educates its members).

Education, training and upbringing contribute to the development of the personality of a professional lawyer and law enforcement teams.

But it is wrong to understand this as a spontaneous and self-evident pedagogical result. For development to proceed properly, education, training and upbringing must be developmental and carried out with a simultaneous focus on achieving a developmental effect.

Special pedagogical measures aimed at developing (for example, intelligence, interests, attention, memory, physical strength and dexterity, will, self-control, abilities, etc.) are necessary and, as the practice of training lawyers and other professionals shows, are possible and fruitful.

All the considered fundamental pedagogical concepts and the most important components of pedagogical reality behind them complement each other, enrich each other, forming an integral human personality. Famous Russian scientist V.M. Bekhterev wrote at the beginning of the 19th century: “...If education is aimed at increasing human knowledge and, consequently, increasing erudition, then education... serves to ennoble spiritual feelings and to create and strengthen the will. From this it is clear that no matter how educated a person is, but if... his feelings remain at the stage of gross egoism, if he... turns out to be deprived to a certain extent of will, then all his education from the point of view of social benefit will be simple ballast, nothing more. If, on the other hand, a person with education receives during his development an inappropriate direction of feelings and will, then his education can become only a means or instrument for the satisfaction of personal passions and in this sense will only serve to create a harmful member of our society.

Bekhterev V.M. Issues of public education // Anthology of pedagogical thought in Russia in the second half of the 19th - early 20th centuries. - M, 1990. P. 504.

The realities of life, designated by fundamental pedagogical categories, are the most important components of pedagogical activity, but can also act as types of pedagogical activity. They exist in the form of corresponding pedagogical systems, processes and results, i.e. education, training, upbringing and development. They include teachers, lecturers, teaching staff and those to whom their activities are directed - students, trainees, cadets, law enforcement officers and their teams. Pedagogical results are highest with the harmonious interaction of these types of pedagogical activities and their systems, with their merging into an integral pedagogical process, with the obligatory active participation in it of the students themselves, listeners, cadets, employees, citizens, i.e. during their self-education, self-training, self-education and self-development.

All the considered components of pedagogical reality may be outside of a person’s awareness of them. However, overcoming spontaneity and purposefully managing them increases the scale and quality of the results achieved. The maximum possible result at the moment is ensured by the use of existing scientific achievements of pedagogy, knowledge and understanding of them, and active qualified application. It is important to understand not only the categories themselves, but also their relationships, systemic pedagogical integrity, otherwise the opportunities will not be fully used. Thus, sometimes education is understood as everything that happens during the formation of personality. Or they believe that education and development are automatic products of upbringing and training. It turns out that there is no need to specifically and purposefully engage in the upbringing, education and development of a person, which obviously reduces the possibilities of pedagogy and the results achieved.

Knowledge and understanding of the main categories of pedagogy and the corresponding components of pedagogical reality leads to the important conclusion that where phenomena, results and the influence of the results of upbringing, education, training and development of people on their lives and activities exist and are discovered, there are also the subject of pedagogy, the possibilities and necessity of applying its achievements. This also applies to the legal system, to the activities of law enforcement agencies and their employees, lawyers.

Rule of law, legality, law and order and pedagogy.

Strengthening law and order, the fight against crime is the task of the whole society, because the problems standing in the way of its solution lie in the weaknesses of almost all spheres - economic, cultural, moral, public administration, etc. There was a time when it was believed that strengthening the rule of law and the rule of law is the prerogative of law, the refined task of jurists. The closer to modern times, the more severe the experience of extremes and failures in solving legal problems, the more strengthened the understanding that the creation of a rule-of-law state and a society based on law is a complex scientific and practical problem. Other specialists also became involved in solving the problem of strengthening law and order. Borderline areas of scientific knowledge have emerged - philosophy of law, sociology of law, management theory in the field of law and order, legal psychology, forensic psychiatry, etc. However, such a multi-branch and practically oriented science as pedagogy, which has its own interests and rich opportunities in the legal sphere, has not yet has not yet been used much and is being used to respond to the challenges of the time.

It is known that law is not the only regulator of social life. In their behavior and relationships, citizens are guided by other social norms - ideological, cultural, moral, religious, corporate, socio-psychological (traditions, customs, fashion, superstitions, etc.). They reveal their influence both in the sphere regulated by law and, moreover, in others.

The psychological acceptance of certain norms, the orientation of one’s behavior towards them, among other reasons, is determined by the level of good manners, education, culture, social maturity, morality of the people, their social groups and individual citizens. If this is so, then legality and order are inextricably linked with the pedagogical system of society, the success and fruitfulness of the functioning of institutions of upbringing, education, training and development in it, influencing the mass and individual behavior of citizens who understand or deny the importance of law-abiding behavior and appropriately relate to its standards.

Crime, as a social phenomenon, has, among other reasons and conditions, pedagogical ones - weaknesses of the education system in society, the system of education of citizens (in particular, legal education), the system of legal propaganda, legal defects of folk pedagogy, the implementation of pedagogical functions by the media, etc. The individual reasons for the origin and development of deviant behavior, resulting in a crime, are almost always associated with the pedagogical neglect of the individual, insufficient legal education, training, upbringing, and distortions of legal consciousness.

Ignoring or underestimating pedagogical factors and conditions in activities to strengthen law and order, legality, in the prevention of crime on a societal scale, at the regional and local level, in any formal and informal associations of people, at the individual level inevitably results in an undesirable growth and vitality of manifestations of crime, bringing enormous damage to society and people.

As the life of society democratizes, an increasingly important role should be played not by violent coercion of citizens to respect the rules of law, but by lawful behavior determined by their upbringing, education, training and development. This means that the role of the pedagogical system of society, the level and success of pedagogical work in it are historically increasing. The struggle for law and order, especially now, is a struggle for the minds of people, for their attitude towards other people, human and social values, for their active life and law-affirming position. The front of this struggle, figuratively speaking, passes through the minds and hearts of people. Victory here lies in the triumph of reason and morality, citizenship and culture, education and civilization. Victory in creation, in legal development, legal culture. We need to fight not with a person, but for a person. It is obvious that a complete solution to problems is impossible without purposeful pedagogical efforts, without using the capabilities of pedagogy.

Lawmaking and pedagogy. In the interests of law and order, the highest bodies of state power and administration, in accordance with their powers, create a set of regulations, the most important of which are laws. The legislative system of society is designed to strengthen, develop and ensure the functioning of all institutions of democracy, the protection of the rights, freedoms and interests of citizens, and promote their social development and self-expression. Any law, any subordinate regulatory legal act, norm, any provision in a document will be implemented and change something for the better if they are considered by the legislator not only as a purely legal instrument, but in their content and design provide proper education and training impact on the people to whom they are addressed. The law, as Plato noted, must not only govern, but also convince.

History has proven the futility of attempts to solve problems of law and order using the force of law, or law-making alone (“legal rigorism”). It is pedagogically and psychologically impossible to adapt citizens to laws that are unacceptable to them. Leftist jumping ahead (“legal romanticism”) is also ineffective and dangerous—the issuance of “progressive” laws that do not correspond to psychological and pedagogical realities, that do not take into account the democratic and legal experience of the population, the level of its legal competence, education and development.

Such regulations are not only doomed to inaction, but also increase disrespect for rights, duties, and obligations. Only a balance between the real level of development of the population, its legal culture and experience - on the one hand, and legislation, law-making, which has a proactive and developmental character, but is not divorced from reality and does not get too far ahead - on the other, leads to success. It is valid, valid, if it is fulfilled, if it is understood by the population, accepted by the mind and internally approved, and is protected by the population itself.

At the state level, it is necessary to take into account pedagogical patterns, mechanisms and phenomena, the level of education and culture, legal competence and upbringing of the population, implemented in a pedagogically correct legislative policy and in the high pedagogical quality of each legal institution, and at the local level - pedagogically literate municipal, managerial rule-making.

It should also be noted that the embodiment of the ideals of legality in written law (in laws, by-laws, legal norms) and the construction of the state mechanism largely depends on those people who are involved in law and rule-making, their upbringing, education, training and development, belonging to corporate groups (parties, associations, groups participating in the political struggle for power).

Law enforcement and pedagogy. All activities of law enforcement officials, officials, specialists, in addition to performing direct law enforcement functions, have a pedagogical aspect, which is often not realized, not taken into account, and not consciously and competently considered. It is expressed in the fact that this activity has a strong direct impact on the legal education of citizens, on how and what kind of legal awareness is formed in them, whether the authority of legal norms increases, the belief in the need to comply with them, respect for lawyers, the desire to provide them and assistance to law enforcement agencies in strengthening law and order, whether their faith in the power of the law and their legal protection is strengthening, etc.

Law enforcement agencies are also interested in ensuring that the coverage of their activities in the media and legal propaganda are conducted pedagogically effectively, so that systems of legal universal education and legal education of different categories of the population and, above all, adolescents and youth are created, improved and function properly. . They are called upon to take initiatives, as well as actively and pedagogically thoughtfully participate in this work.

The successful solution of many law enforcement tasks - prevention, detection and investigation of crimes, protection of public order and road safety, work with minors and execution of punishment, etc. - is more or less associated with the need to explain and teach something. , educate, educate, and convince citizens who fall within the sphere of responsibility, interests, rights and activities of law enforcement agencies. This means that they need to simultaneously solve essentially pedagogical problems in the interests of achieving legal, operational and service results of their activities, they need to skillfully introduce elements of a pedagogical organization into it, use pedagogical methods and means and have the appropriate professional and pedagogical preparedness.

Personnel of law enforcement agencies 2 and pedagogy 3. It is generally known that the last and decisive word in any activity. By law enforcement agencies in this publication we will mean state bodies that apply the law and are part of a separate group of state bodies with a special legal status, tasks, functions , areas of activity (See Law enforcement agencies of the Russian Federation. / Textbook. Second edition. / Edited by Bozhyev V.P. - M., 1997. P. 13-15). These are the bodies of the judicial system, ensuring order and security, preliminary investigation, prosecutor's office, legal support and legal assistance bodies. The main content of the publication is pedagogically general for them, but specified in necessary cases.

belongs to the people carrying it out, to the characteristics of their personality and training. This dependence is perhaps most strongly influenced by pedagogical factors. Professionalism directly depends on professional education, training, education and development, i.e. employees’ own pedagogical properties.

Since, as noted above, the solution of many law enforcement problems by specialists from various services and divisions of law enforcement agencies is associated with pedagogical problems, then success in solving them depends on whether they understand them, whether they have the desire to take them into account, whether they have an understanding of them, whether they are ready to make decisions taking them into account, whether they have the skills and abilities to achieve the desired pedagogical results. In other words, is there such an element as professional pedagogical preparedness in their professionalism?

It is generally accepted that any management activity has a pedagogical aspect, including for bosses, commanders, and managers of all ranks of the legal system. They are not only obliged to conduct classes with subordinates and improve their professional competence, but also to educate, develop, and take into account the pedagogical effect of their example, work style, communication, actions, decisions, assessments, etc. Their managerial professionalism and success in management when working with subordinates is therefore inextricably linked with managerial and pedagogical preparedness, which is a type of professional and pedagogical preparedness.

In law enforcement agencies, there are systems of education, training, upbringing, and professional training that are responsible for the level and quality of education of law enforcement officers, their professional skills, professional development and upbringing during their stay in legal educational institutions. These systems are pedagogical in their essential characteristics, and educational institutions (initial, higher and postgraduate education) are pedagogical “productions”. The core of vocational education and training systems, their creative mechanism, are psychological and pedagogical technologies, during the functioning of which professional knowledge, skills and abilities, habits, qualities, abilities and their complexes in trained employees are generated and improved. Tasks, principles, forms, Specialists working in all law enforcement agencies could seemingly be called lawyers, but this approach meets with objections, because, although they all solve law enforcement tasks, among them there are military personnel, medical workers, psychologists, engineers, etc. In order not to enter into disputes and not to complicate the presentation with reservations, in the publication all law enforcement officers are united by the concept “employee”.

Groups of law enforcement officers are also called differently: personnel, personnel, composition, personnel, apparatus, team of employees, employees, etc. Again, in order to keep things simple, in this publication these concepts will be used as synonyms, with the exception of special cases .

methods, techniques for implementing and improving these technologies are also pedagogical.

Pedagogy is one of the few sciences that specifically and productively studies systems and processes of education, upbringing, training and development of people. It is she who has a huge amount of scientifically based recommendations for their optimization and improvement. This fact is difficult to overestimate for the activities of workers in the system of professional legal education, who themselves must have a pedagogical culture, build a pedagogical system in their work at the proper scientific and pedagogical level and carry out the pedagogical process in order to train truly professional lawyers.

The activities of law enforcement personnel and their employees are inextricably linked with pedagogy. For the most part, it consists in the implementation of education, training and development of law enforcement personnel. They can be considered professionals who worthily occupy their positions only when they themselves have pedagogical merits, are able to competently organize pedagogical systems, ensure their functioning and personally carry out pedagogical work within the framework of their responsibility and the specific tasks.

What has been stated is not a complete list of the relationships between morality, legality, law and order and legal activity with pedagogy (details in subsequent lectures). In the society to which we strive to move, the importance of solving pedagogical problems of strengthening law and order using the capabilities of legal pedagogy as an applied science has increased sharply and continues to grow. By the very meaning of the rule of law, its humanitarian and democratic purpose, the work of law enforcement agencies and their employees must be seriously improved. This, in particular, presupposes its pedagogization, i.e. enrichment with pedagogical techniques and ways of working, full use of data and recommendations of legal pedagogy where and where it is needed and will give an improved practical result. The trends of correctly understood humanization and democratization of social life make the indiscriminate use of force by legal officials unacceptable. They also oblige us to act more professionally, to actively use more effective and civilized means, which include pedagogical ones, to include pedagogical approaches in work, in the consideration of life cases that become the subject of legal consideration. This also increases the requirements for the professionalism of lawyers, including training in legal pedagogy.

1.2. SUBJECT, GOALS, OBJECTIVES, SYSTEM OF LEGAL PEDAGOGY Legal and pedagogical reality. The concept of legal reality is widely used by legal scholars who emphasize that the legal sphere is not an abstraction, not an invention of theorists, not “pieces of paper”, but a component of the real life of society, existing, influencing it and having its own laws of an objectively subjective nature. It is usually viewed as a combination of legal ideology, written law (as a system of norms) and legal practice (as the activities of state and specially law enforcement agencies).

In order not to break away from those realities of life of society and its citizens, for the sake of which the state and law actually exist, it is necessary to analyze the process and results of objectification of the legal system and its elements, their implementation in real life and the actions of citizens, measured in accordance with the law. This prevents legal formalism and allows us to find new opportunities to increase the potential of law, its strength and real effectiveness.

The legal system is part of the state system (the latter includes a system of state bodies and institutions and a certain territory over which the jurisdiction of a given state extends). In turn, the state system is part of a larger and more capacious system of civil society, understood as the totality of the historically established joint life and activities of people in a certain territory, as a large social community, as a certain type of social system. This system includes a number of interpenetrating spheres: economics, social, political, management, ideology, morality, science, education and upbringing (pedagogical), law, etc.

The sphere of civil society includes the real life of law in society, the life and activities of citizens. The life of law is what is found in the legally significant behavior of people after it has passed through their consciousness. The creation of a rule of law state is not an end in itself. Its purpose is the creation of a civil society, the members of which (including government agencies) live and act in accordance with the legal norms of society, one might say - a legal civil society, a society based on the law. A rule-of-law state is strong not only and not so much because the written law, the system of legal norms and the state apparatus meet the formal criteria of a rule-of-law state, but because society, social relations, the life and activities of all citizens constantly and everywhere correspond to the ideals of rights and freedoms that they are active participants in their implementation and protection, in turn reliably protected by the state.

The immediate result of all efforts to create a rule of law state and strengthen the rule of law is the rule of law - real legality, the degree to which the ideals and principles of building a rule of law state and a rule of law society are embodied in their lives and activities.

Legal order is the final result of legality, the operation of law, the actual legal state, the achieved level of legality at a given time and in a given place. The main features of the legal order are: the rule of law in relations regulated by law;

full compliance and fulfillment of legal obligations by all subjects;

strict social discipline;

ensuring the most favorable conditions for the use of objective rights, unconditional affirmation of innate human rights and freedoms;

clear and efficient work of all legal bodies, especially justice;

the inevitability of legal liability for every offender4. Only a legal civil society with a high level of legality and order is the ideal and full manifestation of the triumph of law, justice and true civilization.

Understanding the existence and role of pedagogical reality is an important heuristic step towards understanding ways to ensure the real life of law, the emergence of real legality and order in society, one of the most important conditions for the success of law enforcement agencies and their personnel. Pedagogical reality in the legal sphere of society is the pedagogical phenomena that actually exist in it, influencing its condition and improvement.

According to the form of existence, they are basically pedagogical facts, pedagogical patterns and pedagogical mechanisms.

Pedagogical facts are relatively superficial, observable pedagogical phenomena - manifestations of the action of pedagogical and other laws, mechanisms, factors, causes and conditions. Their relative superficiality is expressed in the fact that the observed phenomena still require identification as pedagogical, understanding of the pedagogical essence hidden behind them. Thus, behind a specific act, an action, one must be able to notice the manifestation of knowledge, understanding, qualities of a person, the components of his education and development, etc. It is important for an employee or lawyer to notice and qualify (identify) as a pedagogical phenomenon in the observed or studied legal event.

Pedagogical patterns are objectively existing stable, repeating cause-and-effect relationships of pedagogical manifestations and their essences. It is important to be able to see and explain such connections. Only by doing this, you can find not only an explanation, but also the real cause of the phenomenon, choose a method, a method of pedagogical influence in order to solve the problem facing the employee. Making pedagogical decisions without understanding cause-and-effect relationships is acting at random.

Pedagogical mechanisms are natural transformations during the transition from a pedagogical cause (impact, influence) to a pedagogical effect. These are transformations in consciousness, in the assimilation of knowledge, in the formation of Alekseev S. S. Theory of Law. - M„ 1995. P. 274 - 275.

development of skills and abilities, in the transition from knowledge to beliefs, from knowledge to attitudes and human needs, from professional excellence to professional culture, in changes in attitude towards service, etc., occurring under the influence of pedagogical influences. These mechanisms are between cause and effect, pedagogical influence and result in education, upbringing, training and human development. For the most part they are of a psychological and pedagogical nature. Understanding the mechanism, calculating it when choosing a pedagogical influence, regulating its “operation” is the most subtle part of pedagogical work.

Pedagogical mechanisms underlie pedagogical technologies. Before solving a pedagogical problem, it is correct to mentally “calculate” the operation, for example, of the pedagogical influence being prepared, relying on pedagogical, psychological, even physiological knowledge and one’s own intuition, if it is developed in pedagogical experience.

Pedagogical formation of personality, group Pedagogical patterns Fig. 1. General structure of pedagogical reality and the main pedagogical categories Pedagogical reality is systemic and exists in the form of the main systemic pedagogical phenomena - education, training, upbringing, development, which were mentioned above. Each of them is characterized by its own set of pedagogical facts, patterns and mechanisms.

Pedagogical reality in the legal sphere is a legal-pedagogical reality. General pedagogical phenomena are presented in it not in a “pure” form, but in a transformed form, as special pedagogical phenomena. Their specificity is causally determined by the interaction of legal and pedagogical laws, the peculiarities of the conditions, goals and objectives of law enforcement activities, its objects, results, difficulties, means and technologies used, etc.

Being outside the awareness of society, the legal system, law enforcement officials, lawyers, outside its accounting and targeted, scientifically correct improvements, legal and pedagogical reality largely spontaneously, uncontrollably, under the will, but noticeably and often far from favorably affects the state of life law, the emergence of real legality and the law of order in society.

Object, subject, goals and objectives of legal pedagogy.

Legal pedagogy is called upon to study the legal and pedagogical reality in theoretical and practical terms. Its theoretical basis is general pedagogy - a science rich in constructive ideas and possessing vast experience. At the same time, it is not general pedagogy with examples from legal practice, but a special area of scientific knowledge - legal-pedagogical, a special branch of pedagogy, a type of professional pedagogy 5.

It is based on the developments of other branches of pedagogy: the history of pedagogy, the theory of education, the theory of learning (didactics), methodology, age-related pedagogy, school studies, defectology, social pedagogy, ethnopedagogy, family pedagogy, management pedagogy, industrial pedagogy, military pedagogy, sports pedagogy , comparative pedagogy, etc.

Legal pedagogy is an interdisciplinary field of scientific knowledge, and according to its predominant characteristics, a branch of pedagogical science. Its position between legal and pedagogical sciences determines its name6.

The integrated approach traditional for pedagogy determines the close connections of legal pedagogy with all other branches of pedagogy and legal science, as well as with the sociology of law, legal psychology, general theory and psychology of management, organization of work with personnel, professional deontology and lawyer ethics.

Professional pedagogy is understood here not only as the pedagogy of vocational education (see, for example, Smirnov V.I. General pedagogy in theses, definitions, illustrations. - M., 1999.

P. 26), but also the pedagogy of professional education, training, development and solving pedagogical problems in professional activities.

In oral discussions, a proposal was made to talk about “legal pedagogy.” The concepts of “law” and “justice” (in Latin - justice, legality, right) are close in meaning and are often used as synonyms. In the exact same usage, “law” is a system of generally binding norms protected by the power of the state, and “justice” is a set of judicial institutions and their activities, “jurisdiction” is a set of powers, “jurisprudence” is a science that studies law. Therefore, it is more accurate to say “legal pedagogy”. Legal pedagogy, or more correctly, pedagogy of law, is the section of this branch of scientific knowledge that studies the pedagogical aspects of lawmaking and the effectiveness of legal norms (see below).

The object of knowledge of legal pedagogy is common with legal science: the legal sphere of society, legality and order, the activities of structures, bodies and people purposefully involved in their strengthening. Their common and main goal is to contribute in every possible way to the creation of a legal society in Russia, the strengthening of the rule of law and the rule of law. But their significant difference is in the subject of knowledge. Legal science deals with legal reality as a special system of social norms, legal forms of activity of the state and its subsystems, patterns of their development, etc.

The subject of legal pedagogy is different - pedagogical facts, patterns and mechanisms of education, training, upbringing and development inherent in the legal sphere, operating in society and influencing it, the state of law and order, the activities of legal bodies and their personnel. Knowledge of legal and pedagogical phenomena related to the subject of legal pedagogy, development of a system of scientific knowledge about them, as well as pedagogically sound and effective ways to strengthen the rule of law and order, providing assistance to everyone who deals with this in practice, is the special goal of legal pedagogy.

Pedagogy is a science that is constantly turned to practice, and its branch, immersed in the legal sphere - legal pedagogy - simply cannot but be an applied science. This is its main purpose, and its recognition, support and development depend on practical success.

An analysis of the entire experience of pedagogical research on legal problems allows us to classify the following as the main tasks of legal pedagogy:

Studying the history of the development of legal and pedagogical knowledge and its use in society and law enforcement agencies;

Development of methodology, methods of legal and pedagogical knowledge;

Creation of a scientific picture of pedagogical reality, which is inherent in the legal sphere of society, the system of law enforcement agencies, its pair of digms and conceptual-categorical apparatus;

Conducting pedagogical research on current issues of legislative, law enforcement, law enforcement and enforcement activities, creating adequate legal and pedagogical theories with their differentiation according to the main areas of legal and pedagogical work;

Theoretical and applied development of a multi-stage and detailed system of legal education of the population and law enforcement officers, legal education for all, legal propaganda and agitation, legal educational aspects of the activities of the media, art, culture, labor collectives, family;

Participation in the creation of a system of pedagogical support for law-making activities, the activities of law enforcement officers, development of forms, methods and technologies for its implementation (pedagogical diagnostics, pedagogical examination, pedagogical support, pedagogical consulting, pedagogical assistance, pedagogical support, pedagogical correction, etc.);

Providing assistance in increasing the effectiveness of legal education, professional training, preparation for actions in extreme conditions and under emergency circumstances, pedagogical study and use of experience in operating in them and pedagogical provision of personal safety;

Development and improvement of methods for teaching legal disciplines, legal pedagogy, methods of pedagogical testing, scientific foundations for the use of computer technology and distance education in the training of lawyers;

development of a pedagogical system for professional psychological training of law enforcement officers;

Development of a pedagogical system for training practical teachers, specialists in legal and pedagogical problems, as well as providing scientific, practical and methodological assistance to those who directly work in the practical structures of law enforcement agencies;

Providing postgraduate education and training of scientific and pedagogical personnel, certified specialists in legal and pedagogical problems and employees of structures involved in them;

Studying foreign experience in solving legal and pedagogical problems, police pedagogy, as well as the possibilities and ways of using it in the conditions of modern Russia.

From history. Legal pedagogy has a fairly long history and history of its development.

The prehistory of legal pedagogy includes everything that was done in Russia from the distant times of the formation of Russian statehood in the 16th century until the beginning of the 20th century. This historical period is characterized by the emergence of the first pedagogical ideas and measures in the field of law enforcement 7. At that time, the pedagogy of professional training of officials of the Ministry of Internal Affairs began to emerge, educational institutions for the training of police officers, gendarmes, prison officers, the first training courses and publications on the principles of preventive pedagogy (work with juvenile offenders, vagrants, beggars, street children), penitentiary (correctional) and post-penitentiary (assistance to persons released from prison;

accustoming those released to life in freedom).

See in more detail Belyaeva L.I. On the history of domestic legal pedagogy / Legal pedagogy in the Ministry of Internal Affairs. - M., 1997.

The first period of development of legal psychology as a scientific branch of knowledge is the period of the beginning of the scientific solution of individual pedagogical problems of legal activity. It is characterized primarily by the active development of corrective labor (penitentiary) pedagogy and partly the pedagogy of personnel training, preventive (prophylactic) pedagogy and methods of teaching law. Its distinctive feature was the increased scientific quality of research and publications, the development of scientifically based measures to improve law enforcement practice.

Since the 70s of the 20th century, the range of scientific developments has expanded, including pedagogical problems of working with personnel, methods of teaching law in secondary schools, preventive pedagogy, etc. The preparation of certified specialists in pedagogy, the defense of candidate and doctoral dissertations in pedagogy by law enforcement officers begins nitive organs. Academic disciplines built on a scientific basis are appearing in educational institutions: “Corrective labor pedagogy”, “Psychology and pedagogy in the activities of employees of internal affairs bodies”, “Pedagogy of higher and secondary specialized schools in law enforcement agencies”, “Pedagogical culture and teacher’s work technique”, etc.

A prominent role in this period was played by the research and publications carried out by A.I. Alekseev, M.A. Alemaskin, A.S. Batyshev, I.P.

Bashkatov, S.A. Belicheva, L.I. Belyaeva, A.V. Budanov, A.A.

Volkov, V.N. Gerasimov, I.V. Gorlinsky, V.P. Davydov, G.P.

Davydov, P.P. Davydov, S.I. Denisenko, F.M. Zezyulin, A.I.

Zubkov, II.I. Kiryashov, E.A. Kozlovskaya, I.F. Kolontaevskaya, V.G.

Kolyukhov, N.S. Kravchuk, L.D. Lazukin, I.A. Latkova, V.M. Lit Vishkov, II.A. Minzhanov, V.M. Obukhov, V.V. Pervozvansky, V.A.

Pishchelko, V.I. Postoev, A.A. Ryabov, L.M. Stolyarenko, M.P. Sturovoy, N.A. Tyugaeva, A.A. Fedotov, B.I. Khoziev, V.I. Khalzov, I.V. Shmarov and others.

The second period is the period of formation of legal pedagogy as a branch of pedagogical science. Its beginning dates back to the 90s of the 20th century. Characteristic features of the period: a sharp expansion of research into the range of problems of law enforcement, the construction of an integral system of legal and pedagogical knowledge, the emergence of a private methodology of legal pedagogy, the appearance of the first systematic works on legal pedagogy, a sharp increase in publications on legal pedagogy and dissertations defended on its problems.

The structure of legal pedagogy. The complexity, multifacetedness and multi-conditionality of the subject of legal pedagogy and its tasks determine the structure of its scientific knowledge, the differentiation and interconnectedness of its sections and areas of research (Fig. 2).

The level of development of different directions and sections of legal pedagogy is far from the same. Correctional (penitentiary) pedagogy, pedagogy of legal education, pedagogy of professional education of employees and military personnel of the internal troops are well developed. Management pedagogy in law enforcement agencies, didactics of professional training, extreme legal pedagogy, and comparative legal pedagogy are in the process of intensive development. The pedagogy of legal education of the population, the pedagogy of legal propaganda, preventive pedagogy, socio-legal pedagogy, legal pedagogy as an academic discipline, etc. are poorly developed, and some sections are in their infancy and are waiting for their enthusiasts. It should also be said that most of the areas and sections until recently developed in the systems of the Ministry of Internal Affairs, the FSB and the Federal Border Service and weakly in other law enforcement agencies, and a number of sections suffer from a retelling of general pedagogical provisions and poor research into legal and pedagogical features.

Expanding the scope of research to cover all areas and sections of legal and pedagogical knowledge while increasing their scientific character, legal and pedagogical specificity, applied focus and priority development of the most pressing problems will determine the immediate development of legal pedagogy.

Direction I - the basics of legal culture - Purpose and objectives - Subject - Structure - Methodological principles - History of legal practice - Comparative legal practice II direction - P. legal culture - P. science of legal culture - P. law - Social law - P. legal education of the population - P. legal education - P. legal agitation and propaganda - Criminological P.

UP in the activities of government bodies and structures - UP in the activities of public organizations - UP in the activities of the media - UP in the activities of economic structures IV direction - P. in the activities of various PAs - P. in the activities of judicial bodies (courts of general jurisdiction, arbitration) - P. in the activities of bodies ensuring order and security (internal affairs, security, tax service and police, customs authorities, justice) - P. in the activities of preliminary investigation bodies - P. in the activities of prosecutorial bodies - P. in the activities of bodies executing punishment - P. in the activities of the notary office, the legal profession - P. in the activities of non-governmental law enforcement organizations (private detective and security services) Fig. 2. The structure of legal pedagogy.

Legend: P – pedagogy, YP – legal pedagogy, PO – law enforcement agencies.

1.3. METHODOLOGY OF LEGAL PEDAGOGY Problem of methodology8. The interdisciplinary position of legal pedagogy determines the specificity and integral nature of its fundamental approaches to the study and explanation of problems, the search and evaluation criteria for developed practical recommendations. In its “legal part,” legal pedagogy proceeds from legal realities (tasks of building a rule of law state, the existing legal system, the state of law and order and legality, goals, objectives and problems of their improvement, the legal framework of law enforcement, organizational and legal decisions and etc.), and in the “pedagogical part” he approaches them from a scientific and pedagogical position, delves into the study of pedagogical realities - pedagogical facts, patterns and mechanisms of education, training, upbringing and development, guided by the scientific achievements of pedagogy and adapting them to the specifics of their goals and objectives. As a result, in its main characteristics, it acts as a pedagogical science, a branch of pedagogy, and not “pedagogical jurisprudence.”

the benefit of reasoning based on legal material with a general pedagogical commentary on it. But the specificity of pedagogical-legal research and knowledge, their special theoretical and practical value arises only when identifying what is special in the pedagogical reality that is included in the sphere of law. This is not scientific ambition, but an epistemological, methodological and theoretical necessity, the practical expediency of reflecting a special legal reality in a special system of scientific and pedagogical knowledge. Legal and pedagogical reality is not the reality of teaching children to draw or teaching students of a technical university, but the reality of legality, the fight against crime, actions in life-threatening conditions, the activities of professionals, pedagogy for solving life problems, etc. Here we find not only those known to general pedagogy , but also new cause-and-effect pedagogical dependencies, patterns and facts.

General methodology of pedagogy. Typically, there are three levels of scientific research and knowledge methodology: general methodology, private (or special) methodology, methods and methodology. They also exist in legal pedagogy.

The general methodology of pedagogy is a set of basic scientific principles that embody the main conclusions and lessons from the experience of knowing pedagogical reality. Their quintessence is expressed in the general methodological principles of pedagogical science 9 - the main starting points From the Greek. principum - beginning, basis. The principles should not be perceived as outdated dogmas invented by someone, something imposed on a given researcher against his will. They are produced from the realities of the world, knowable reality and are the results of deep knowledge, embody the lessons of the experience of knowledge, pass on this experience to subsequent generations of researchers in a condensed, recommendatory form.

They are based on properties and patterns that are objectively inherent in the knowable reality and the patterns of cognition of them. Generally speaking, as many properties and patterns as there can be, there can be as many principles, because cognition of each has its own characteristics and requires its own cognitive tool. But the number of patterns, the knowledge of reality is infinite, and therefore the principles reflect recommendations for the knowledge of the most important of them or groups of them.

There are general scientific principles, principles of a given science (general) and specific (special). Social scientists have concentrated in themselves the entire historical experience of mankind’s knowledge of the surrounding world and man himself and are used in all research. General principles are inherent in individual sciences and are based on general scientific principles. They specify and complement general scientific ones in relation to the subject of a given science, which is always distinguished by the specifics of the reality being studied and its inherent patterns. Particular (special) principles reflect the specifics of cognition of individual features of the reality cognizable by a given science and the group of specific patterns inherent in them. The latter are most often found at the junction, during the contact and interaction of realities studied by different sciences. They are based on the general principles of this or related sciences, complement and integrate them.

research and interpretation of phenomena of pedagogical reality. The most important of them in pedagogy include:

The principle of objectivity, which obliges us to build a system of scientific knowledge strictly in accordance with objective reality, to reflect only what really belongs to it, i.e. its facts, patterns and mechanisms. It is necessary to take all measures to exclude the influence on the research and conclusions of biases, personal views, prejudices and low preparedness of the one (or those) who conducts the research and claims to contribute to the creation of a reliable picture of the Tory wild-pedagogical reality;

The principle of determinism (causality, causation), reflecting the cause-and-effect relationships that objectively exist in the world and prescribing to discover the causes of certain legal and pedagogical phenomena, as well as to consider them as the causes of other consequences: pedagogical and legal. Establishing the causes is the most important condition for the development of constructive proposals for improving practice, focused on creating, changing or eliminating the causes in order to achieve the desired consequences;

The principle of interconnection and interaction. It follows from the fact of the existence of the phenomena being studied surrounded by others, with which they are in certain relationships, characterized by mutual influences. If the phenomenon being studied falls into another system of relationships, then it changes under new influences and, in turn, somehow changes them. This is absolutely necessary to take into account when studying pedagogical phenomena and their capabilities to achieve what is needed in pedagogical practice.

Modern science uses systems theory, which considers a certain group of phenomena or objects located in a network of stable relationships as elements of a single structural complex that functions as a whole, i.e. as a system. The systemic properties of the whole that arise in this case have a reverse effect on the elements and on the processes occurring within the system. The provisions of systems theory fully relate to the reality studied and described by legal pedagogy. Thus, an important system category of pedagogy is the category of the pedagogical system, covering the holistically functioning structure of purposeful pedagogical activity: object, subject, goals, objectives, content, organization, means, methods, technologies, conditions, methods of monitoring and evaluating the process and results, their corrections. All its elements must be interconnected, joined, coordinated in order to ensure the greatest pedagogical effect;

The principle of development, reflecting the fact of constant changes in the surrounding world and people. The legal and pedagogical phenomena currently being studied should be considered as a shortcut on the path of their continuous change with certain trends going from the past to the future. It is important to uncover trends, understand their driving forces, and find ways to change if necessary. The principle of development is the basis of pedagogical optimism, faith in the possibility of purposefully achieving progressive changes along an upward trend.

Private (special) methodology of legal pedagogy.

It meets the objective need to take into account the qualitative originality of the studied pedagogical facts, patterns and mechanisms inherent in the legal sphere of society and related to the subject of research.

Basic and unique legal and pedagogical patterns and their combinations are reflected in the special scientific principles of legal pedagogy. Based on the experience of conducted scientific research, the most important of them can be named.

The principle of pedagogical objectivity determines the need to specifically study pedagogical phenomena when solving problems of strengthening law and order. They exist wherever there are manifestations, influences, changes, tasks, measures related to education, training, upbringing, and development of employees and citizens (in the latter’s relations with the legal sphere and law enforcement activities). The pedagogical approach, pedagogical subjectivity are expressed in the study by scientists and the understanding by practitioners of this particular reality and ways to improve it.

But we must understand that education, training, upbringing, and development are complex phenomena and are studied simultaneously by other sciences.

What is specifically pedagogical in them is, first of all, pedagogical patterns, i.e. cause-and-effect relationships between pedagogical influences and pedagogical results, ways of taking them into account and optimizing them in the interests of strengthening law and order. This is the activity of teachers, other individuals, organizations organizing the pedagogical process, providing pedagogical influence and the object-subjects of influence (educated, trained, etc.), ensuring the achievement of the desired results in the education, upbringing, training and development of law enforcement officers and citizens. Correct consideration of pedagogical patterns consists, first of all, in the development and organization of pedagogical systems of different levels and scales, in the reliable and constructive definition of their goals, objectives, content, organization (forms), means, methods, technologies, conditions, processes, control , results, assessments, corrections. Ways to ensure their optimal functioning in the pedagogical process, which needs to take into account many causes and conditions, are determined. When calculating and justifying all this, both our own pedagogical argumentation and data from related sciences are used.

as a result, the pedagogical reality itself remains not properly identified, and the result is unconstructive and not new for practice. Poor implementation of this principle causes serious damage to the prestige of pedagogy in the legal field.

The principle of legal and pedagogical specificity. In the field of law, in professional education, in the activities of personnel, of course, many general pedagogical patterns appear. To identify their action in the field of law means to stand on a reliable theoretical and methodological foundation. However, it is hardly possible to find such patterns in their pure form in the sphere of law: they change in one way or another under the influence of the peculiarities and specifics of the legal sphere.

Specificity is a reality, determined primarily by the influence of the main features of the legal system on its pedagogical subsystem and the reverse influences of the second on the first. The specifics include the influence of the priority of law enforcement tasks, in relation to which the pedagogical ones themselves play a serving role;

the uniqueness of the areas of professional activity, which is also regulated by the norms of conduct of employees of the law enforcement system;

special requirements for the professionalism of employees, which leave their mark on the system of vocational education and training;

age, educational and professional characteristics of people and groups carrying out law enforcement activities, and its reverse influence on them and much more;

citizens as subjects of legal relations.

Legal pedagogy itself begins where the legal and pedagogical specifics are revealed. This is the most urgent task for the development of legal pedagogy, a condition for its scientific recognition and gaining authority among practitioners. It is important to identify, describe and practically take into account legal and pedagogical patterns, unique legal and pedagogical phenomena and mechanisms, scientific concepts adequate to them, the creation of one’s own scientific paradigm, the analysis of pedagogical systems that are meaningfully different in the main links from those studied in general pedagogy, the pedagogical study of the inherent law enforcement authorities and areas of activity that do not exist anywhere else and their pedagogical support, the development of pedagogical and legal theories on problems specific to law enforcement activities and methods for solving various professional and pedagogical problems. Unfortunately, the facts have not yet been overcome when researchers show a weak method. There is no science that, to a greater or lesser extent, does not use the achievements of related sciences. Pedagogy is no exception. She actively uses data from philosophy, sociology, psychology, physiology, management theory and other sciences, taking an integrated approach to finding ways to ensure the effective functioning of pedagogical systems and achieve high pedagogical results. But still, the “face” of each science is in its own, in what is studied by it and not studied by other sciences. Each science has the right to exist if it explores special patterns and properties of objective reality. This is especially important for the border areas of scientific knowledge, which include legal pedagogy. The more “one’s own”, the more merit, the more significant the science, the more interesting it is for practice.

ability to identify legal specifics, or reduce the latter to illustrating general pedagogical provisions with examples from law enforcement practice.

The principle of unity of education, upbringing, training, development, activity, lifestyle and legally significant behavior, human actions. In legal and pedagogical manifestations, changes, improvements, it characterizes the most significant dependencies and influences that are found interconnectedly at the levels of an individual, groups of people, and organizational structures. Systematic legal and pedagogical research, explanation of what is happening and the adoption of measures involves disclosing and improving them. Nothing can be changed in isolation from another, outside the tangle of causes and conditions given in the name of the principle. Pedagogical functionalism, expressed in a non-systematic, isolated understanding and solution of specific legal and pedagogical problems, is not adequate to the legal and pedagogical reality and is practically unconstructive.

The principle of specific and non-specific, essential and supportive in a legal and pedagogical problem (subject of specific research, understanding, solution). When studying the complex, multi-conditional legal and pedagogical reality and the implementation of a systematic approach, it is easy to fall into the position of “everything influences everything,” although some inexperienced teachers mistakenly see this as the implementation of a systematic approach. In a tangled web of dependencies, it can be difficult to understand the main thing, get to the bottom of the matter, and separate the “wheat from the chaff.” In order to overcome such a difficulty, to avoid mistakes and not to reduce the matter to trivial conclusions, we must try to separate in the problem what relates to its essence, constitutes its core, qualitative originality (what distinguishes it from all others, even very similar ones). ), structure, content, from the fact that it is, as it were, surrounded and forms a complex of “external” influences on it

reasons and conditions. Then, in this almost always multiple complex, identify “near” and “far” zones of influence, including in the first the causes and conditions that directly and most strongly affect, and in the second the weaker, indirectly affecting ones. Among these and others, there may be other (i.e., not related to the essence, the core of the problem under study) pedagogical factors, but there may also be non-pedagogical in nature (legal, economic, psychological, organizational, managerial, etc.), but still exerting a pedagogical influence (i.e. teaching, educating, etc.).

In complex legal and pedagogical dependencies, there are practically no unambiguous influences. When considering the essence of the problem, it is important to avoid mechanism and remember that the connection between cause and effect, all patterns are always mediated by conditions. By changing pedagogical conditions, for the same reasons, you can get different results and vice versa.

With the correct implementation of this principle, life’s problems cease to be seen as “a big buzzing confusion”, but, when systematized, “laid out on shelves”, become understandable, as well as measures for their pedagogical resolution.

The principle of modernity (historicism) focuses on the study of legal and pedagogical phenomena that actually exist at a given time, their dependencies, and trends of change. The legal sphere is very dynamic. Pedagogical phenomena also have a concrete historical character.

Education, upbringing, training, development cannot be timeless, divorced from modern realities of life. The applied nature of legal pedagogy simply obliges us to study relevant, painful, promising, problems of creating a rule-of-law state, strengthening legality and order, the legal system, the activities of law enforcement and other bodies that are not yet amenable to successful practical solution, searching for solutions that meet the spirit of the times and recommendations.

The principles of humanity, democracy and legality are determined by the tasks of building a Russian society with features corresponding to its desired future and overcoming moribund realities that contradict them. All pedagogical research is conducted constructively if the subject is understood and assessed from these positions, and the development of pedagogical improvements is aimed at strengthening them in the legal sphere.

The principle of constructiveness warns against reducing research to a statement of facts, to descriptiveness and prescribes to search, justify, and experimentally test ways to improve the legal and pedagogical reality, the practice of government and law enforcement agencies. The strength of legal pedagogy, the potential for growth in its authority and significance, is connected, like any branch of pedagogy, with the possibilities and scientific traditions of detailed elaboration of ways and proposals for improving practice. Theoretical solutions to problems must be complemented by the scientific development of work methods and pedagogical technologies.

Categorical-conceptual apparatus. Each specific area of scientific knowledge, along with general categories and concepts, also has its own, behind which there is a specific phenomenology. This also occurs in legal pedagogy. Its categories and concepts are distinguished by their originality, because they reflect the originality of the phenomena of legal and pedagogical reality. The categorical-conceptual apparatus has methodological and theoretical significance and largely determines the state and development of legal pedagogy as a scientific discipline, the level of its self-knowledge and self-construction.

The development of the categorical-conceptual apparatus took place in the research of all teachers involved in legal and pedagogical problems. HELL. Lazukin11 proposed its classification into groups:

1. System categories characterizing the main (leading) elements of pedagogical reality in the legal system: pedagogical approach to legal reality, pedagogical reality of the legal system, pedagogical subsystem of the legal system, system of socio-pedagogical factors (actually pedagogical and pedagogically significant) in the sphere of law and order, the system of legal education, the pedagogical subsystem of management in law enforcement agencies, the pedagogical system of legal education, the system of legal education, training, development, the pedagogical system of professional training, the system of special methodological principles of legal and pedagogical research, etc.;

2. Categories of elements of legal and pedagogical systems for ensuring law enforcement activities: pedagogical goals, pedagogical tasks, legal and pedagogical facts, patterns and mechanisms, pedagogical factors, pedagogical conditions, pedagogical means, pedagogical techniques, pedagogical rules, criteria for the effectiveness of pedagogical activities, results pedagogical activity, pedagogical results, pedagogical influences, pedagogical influences, pedagogical consequences, legal socialization, etc.;

3. Private pedagogical categories used in characterizing certain issues of pedagogical support for law enforcement activities: legal education, legal training, legal education, legal development, professional pedagogical training, pedagogical support, pedagogical support, legal knowledge, legal skills, legal abilities , legal awareness, legal convictions, law-abiding (lawful) behavior, re-education, methods of legal educational influence, legal conviction, exercise in fulfilling legal norms, legal coercion (punishment), etc.

QUESTIONS FOR TESTING IN THE DISCIPLINE

"LEGAL PEDAGOGY"

1. The role of science and the scientific approach in modern society and the creation of a rule of law state.

2. The connection between the legal sphere of the state and society and the pedagogical sphere.

3. Main groups of socio-pedagogical phenomena.

4. The essence of the concepts “legal-pedagogical reality” and “legal-pedagogical phenomena”.

5. General methodological principles of pedagogical science.

6. Characteristics of pedagogical facts, patterns and mechanisms.

7. Basic methods of researching legal and pedagogical problems.

8. Macrostructure of the educational and pedagogical process.

9. Basic conditions for the effectiveness of the educational and pedagogical process.

10. The essence and connection between a person’s upbringing and his upbringing.

11. The role of the educational work system in the internal affairs bodies.

12. Characteristics of pedagogical principles of education.

13. Basic methods of education.

14. The main directions of pedagogical work with the staff of the internal affairs body.

15. Conducting state legal education.

16. The place of moral education, legal education, existential education in the internal affairs bodies.

17. Pedagogical characteristics of professional deformation of a police officer.

18. The main socio-pedagogical and individual pedagogical reasons for the development of professional deformation of police officers.

19. Characteristics of the system of pedagogical work to prevent and overcome professional deformation of police officers.

BASIC CONCEPTS AND TERMS TO BE LEARNED: The rule of law and science. The concept of pedagogy. Pedagogical and legal reality. Pedagogical facts, patterns, phenomena and mechanisms. Basic pedagogical properties of a person: good manners, education, training, development. Social and pedagogical phenomena. Social and pedagogical environment and its factors. Social and pedagogical results. Pedagogical system. Methodological principles of pedagogical science. Upbringing. Human upbringing. Educational work in the internal affairs bodies. Principles of education. Self-education. Methods of education. Means of education. Techniques of education. Specialized apparatus for working with personnel. Non-specialized subjects of educational work. State-professional education. State-civic education. Professional and legal education of employees. Public and state information. Public and state training. Professional and moral education. Existential education in internal affairs bodies. Professional deformation of the personality of a police officer.

SUBJECT, PURPOSE AND OBJECTIVES OF LEGAL PEDAGOGY

Foundations of legal pedagogy. A concept widely used in jurisprudence "legal reality" emphasizes that legal sphere- an important component of the real life of people and society as a whole, which has its own laws of an objective-subjective nature. The life of law in reality is what actually manifests itself in the legally significant behavior of people after knowledge of the law has passed through their consciousness. The immediate result of the efforts of the state and society to ensure the life of law is law and order- real legality, the degree of embodiment of the ideals and principles of the rule of law and the rule of law, the final result, the achieved level of legality, the actual legal status,

Concept "pedagogical reality" also states the objective existence in the life of society and the state pedagogical sphere, forming it pedagogical phenomena upbringing and upbringing of people, education and education, training and training, development and sophistication. Pedagogical reality, existing in the global macrosystem of state and society and being interconnected with other systems, and in particular the legal one, forms a special system in it. Being dependent on the legal sphere, it influences it, affecting the actual legality and effectiveness of the regulatory influence of law on the behavior of citizens and the success of law enforcement agencies.

At the junction of these systems, special legal and pedagogical phenomena. General pedagogical phenomena are presented in it in a transformed form, acquiring specificity due to the interaction of legal and pedagogical laws, conditions, goals, objectives, objects, processes, results, difficulties, means, methods, related simultaneously to both legal and pedagogical reality. Thus, legal and pedagogical phenomena are a fusion of influences from one and the other reality.

Considering the scope of activity of internal affairs bodies, it should be noted originality legal and pedagogical reality and legal and pedagogical phenomena in it. The legal and pedagogical reality and the phenomena in it are revealed more massively, more diverse, more prominently, with a significant share of negativity, difficulties in optimizing when solving professional problems and working with personnel, and therefore they require constant close attention and higher pedagogical literacy from all categories of employees.

Object of knowledge legal pedagogy - the activities of its bodies, its results and measures aimed at increasing its effectiveness.

Subject of knowledge legal pedagogy - pedagogical reality in the sphere of activity of its bodies, its relationship and influence on this activity in accordance with the processes occurring in Russian society and the tasks of its civilized, democratic, legal development.

Main goal- studying the originality and functioning of legal and pedagogical reality, developing pedagogical measures and helping practice in increasing the success of solving professional problems, fulfilling the social mission of internal affairs bodies and ensuring decent self-realization and self-affirmation in the lives of their employees.

Applied approach, implemented in this textbook, is focused on increased attention to practical pedagogical developments and their scientific justification.

Main tasks applied legal pedagogy:

1) increasing the scientific legal and pedagogical level of the activities of personnel, developing a proper attitude towards the use of knowledge of legal pedagogy in the service and personal life, increasing practical preparedness for their use, promoting the penetration of the achievements of legal pedagogy into the practice of the Ministry of Internal Affairs;

2) creation of a scientific picture of the legal and pedagogical reality inherent in the sphere of activity of the Ministry of Internal Affairs;

3) conducting pedagogical research on current practical problems of the activities of the Ministry of Internal Affairs;

4) participation in updating the social orientation of the activities of personnel, researching its socio-pedagogical aspects, disseminating socio-pedagogical knowledge, teaching a socio-pedagogical approach, attentive attitude towards citizens, strict observance of their rights and ensuring the rule of law;

5) comprehensive and in-depth pedagogical study of staffing and all its areas in internal affairs bodies;

6) research and development of pedagogical measures to improve the system of education of personnel and all its types, as well as the transformation of teams of internal affairs bodies and their units into educational teams;

7) pedagogical assistance to the general and professional development of the personality of employees, the prevention and overcoming of negative deviations in it, manifested in work activities and life;

8) increasing the status and pedagogical quality of individual work with each employee of managers and personnel personnel, ensuring his rights, proper assessment of activities, certification, incentives, professional growth and satisfaction with the service;

9) improving the quality of professional education in the system of the Ministry of Internal Affairs and its new forms based on increasing the scientific and pedagogical level and introducing new pedagogical and information technologies;

10) improvement of methods of teaching legal disciplines, as well as practical training of cadets, students, and employees;

11) development of the concept, programs and software of the special educational discipline “Legal Pedagogy in the Ministry of Internal Affairs” and its study in the system of vocational education and other types of personnel training;

12) optimization of pedagogical systems for training police officers to act in extreme conditions, to fight terrorism, to ensure personal safety and assistance in the practical implementation of these systems;

13) assistance in high-quality training of managers in management pedagogy in normal and service-combat conditions, ongoing consultation on pedagogical issues of working with employees and staff;

14) development of a system of professional and pedagogical training for personnel personnel, other categories of employees, assistance in its quality implementation;

15) pedagogical study and assistance in expanding the participation of internal affairs bodies and each employee in legal education, training, counseling the population, in active interaction with employees of other structures, public formations, the media, art, culture, family;

16) organization and improvement of training of specialists in legal and pedagogical problems of internal affairs bodies; facilitating the influx of people with pedagogical education into their service, providing them with additional training in legal pedagogy at the Ministry of Internal Affairs; providing scientific, practical and methodological assistance to teachers working in the authorities;

17) development of proposals for legal and pedagogical support for the activities of personnel, systematization of these activities in the Ministry of Internal Affairs;

18) organization of the social and pedagogical movement in the system of the Ministry of Internal Affairs and sections of the Pedagogical Society of Russia;

19) intensifying the training of candidates and doctors of pedagogical sciences in legal and pedagogical issues,

20) study of foreign experience in solving legal and pedagogical problems, police pedagogy, as well as the possibilities and ways of its use in the system of internal affairs bodies of the Russian Federation.

Home > Lecture course

"TANDEM"

A.M. Stolyarenko

LEGAL

PEDAGOGY

Course of lectures

Moscow 2000

BBK 74.2 C 81 Stolyarenko A.M. C 81 LEGAL PEDAGOGY. Course of lectures. - M.: Association of Authors and Publishers “TANDEM”. Publishing house "EKMOS", 2000 - 496 p. ISBN 5-88124-066-9 The book provides the fundamental concepts of legal pedagogy that correspond to the realities of a lawyer’s work: pedagogy in law enforcement, pedagogy in solving legal problems in the interests of strengthening the rule of law and order. The publication reveals the didactics of professional training in law enforcement agencies. The course of lectures is characterized by structural integrity and theoretical depth. It is based on a synthesis of extensive factual material. The publication provides numerous pedagogical recommendations for improving legal - pedagogical work, education and training of law enforcement personnel. The educational material and the logic of its presentation are built taking into account the specifics of training lawyers and the nature of their future activities. The course of lectures is intended to provide a professional study of pedagogy (in combination with the study of its fundamentals) in legal educational institutions and is intended for teachers, students, cadets and listeners. The publication also provides practical skills necessary for workers
law enforcement agencies, courts, prosecutor's office, internal affairs bodies, tax service and tax police, notaries, the bar, etc. This is the first book in the domestic and world literature on legal pedagogy, revealing a system of scientific knowledge located at the intersection of jurisprudence and pedagogy, and relevant in modern living conditions of Russian society. BKK 74.2 ISBN 5-88124-066-9 © ECMOS, 2000 © Stolyarenko A.M. Lecture1. Introduction to legal pedagogy…………………………5

Rule of law, law and order and pedagogy………………………5

Subject, goals, objectives, system of legal pedagogy……………...15

Methodology of legal pedagogy…………………………………...25

Lecture2. Socio-legal pedagogy………………………….39

Social pedagogy and legal sphere…………………………….39

Legal socialization and legal culture of citizens…………………43

Social pedagogy of law................................................................... ....................48

Social and pedagogical factors in the legal sphere…………………55

Problems of forming the legal culture of the population………………61

Lecture 3. Pedagogy in law enforcement………….....79

Main types of connections between law enforcement activities and pedagogy…………………………………………………………………………………..79

Pedagogy in the activities of various law enforcement specialists………………………………………………………………………………...82

Preventive pedagogy……………………………………………………………..90

Correctional (penitentiary) pedagogy………………………...103

Post-penitentiary pedagogy……………………………………………………115

Pedagogical technique of a lawyer…………………………………….121

Lecture 4. Pedagogy of legal education……………………....135

Legal education and its pedagogical system in an educational institution……………………………………………………..135

The problem of the personality of a student - a future lawyer…………………….150

Personality-forming potential of an educational institution…………………………………………………………………………………….169

The essence and methodological system of training lawyers…………………182

Organizational forms of training……………………………………..200

Intensive technologies in legal education………………..207

Work of a student, cadet, trainee in mastering the profession of lawyer……………………………………………………………………………………..218

4.8. Pedagogical culture of the teacher and teaching staff………………………………………………………………………...224 Lecture 5. Pedagogy of law enforcement agency management...237 5.1. Pedagogical concept of law enforcement agency management………………………………………………………………………………………..237 5.2. Pedagogical technologies in organizing the life and activities of a law enforcement agency……………………………………………………………251 5.3. Pedagogical technologies in the current management of a law enforcement agency……………………………………………………………261 5.4. Pedagogical technologies in the presentation of demands by the head………………………………………………………………..269 5.5. Pedagogy of an example of a leader’s personality and style of activity..278 Lecture 6. Pedagogy of educational work with personnel law enforcement agency…………………………………………...289

Features of the education system in a law enforcement agency……...289

Pedagogical principles of employee education……………………..293

Moral and psychological preparation……………………………………308

Legal education and prevention of professional deformation of an employee’s personality………………………………………………………326

Lecture 7. Didactics of professional training in lawsecurity authorities……………………………………………………………….....337

Pedagogical features and objectives of professional training...................................................... ........................................................ ...................337

Pedagogical principles of professional training………………341

Features of the organization and methodology of vocational training classes…………………………………………………………………………………355

Training of special groups (crews, detachments)………………………360

Organizational preparation………………………………………………………...364

Vocational and pedagogical training………………………….369

Lecture 8. Extreme legal pedagogy……………………...376 8.1. Extremeness in law enforcement activities and its special requirements for the preparedness of an employee………………………………………………………376

System for training employees to act in extreme conditions……………………………………………………………………………………….384

Professional and psychological training………………………….390

Physical preparation for actions in extreme conditions…….407

Fire training………………………………………………………...414

Preparing employees and citizens to ensure personal safety………………………………………………………………………………….420

Preparing for action against an armed offender………427

Maintaining service and combat training……………………..436

8.9. Pedagogical support for solving service and combat tasks during
emergency circumstances……………………………………………………440 Lecture9. Comparative legal pedagogy..................................457

Methodology of comparative legal work………………………...457

Pedagogy in the practice of law enforcement agencies abroad……………………………………………………………………………………….461

9.3. Legal education abroad……………………………………466 9.4. New foreign pedagogical technologies for training professionals……………………………………………………………………………………474 9.5. Using global experience in working with personnel……………….....483

LECTURE 1. INTRODUCTION

INTO LEGAL PEDAGOGY

1.1. Rule of law, law and order and pedagogy

Rule of law, legality, law and order and science. One of the most important trends in the movement of human civilization into the future is the creation of societies based on law. A legal state that ensures the life of civil society, the rights and freedoms of citizens, opportunities and conditions for discovering their capabilities and meeting their needs is the modern ideal of government. All humanistic ideas that place human interests at the center of public interests, the ideas of democracy, rights and freedoms, full satisfaction of needs, free development and others will remain a bluff outside the rule of law. Today, and specifically in the conditions of Russia, the task of strengthening the legal sphere has acquired priority importance, especially in connection with the increased crime rate by an order of magnitude, which has become a brake on social development. The creation of a just society, built on the law, is a global task of all its healthy forces and is possible only with full use of existing opportunities. One of them, and not the last, is related to the full use of the rich possibilities of science. Social forces, like the forces of nature, can act spontaneously and destructively as long as people do not want to understand them, cannot take them into account and direct them in their own interests. Actions by eye, self-confident use of intuitive and based only on personal experience considerations, blind imitation of foreign models, reliance on the power of administrative pressure, actions by trial and error are the deep reasons for slippage and failure in any business, and at the state level they are simply unacceptable. Their archaism is especially intolerable against the background of modern achievements of world civilization. Everything is in the hands of a civilized, intelligent, moral person. No arbitrary movements in changing the legal sphere of society and its foundations can solve the problem of creating a rule of law state, protecting the interests and rights of citizens, if this is not done in the most competent, scientific and civilized manner. In our country, unfortunately, global trends in actively using the capabilities of science to achieve radical improvements and overcome problems that cannot be solved empirically have turned out to be underestimated and not implemented. Until the 90s, attempts were made to achieve success and progress by identifying and eliminating shortcomings, which in essence could only restore some norm violated by shortcomings, but not ensure proper progress. Numerous inspections, replacing each other and taking people away from work, with a sense of accomplishment, wrote devastating acts, organized reprimands, gave “valuable” instructions to “eliminate”, “pay attention”, “increase activity”, “find possible -ness”, etc. However, this did not improve matters much, because those being verified themselves knew their shortcomings (and even better than those verifying), and the trouble was that they could not, for objective or subjective reasons, eliminate them. Russia's development lag behind many prosperous countries in its roots was largely due to the disdainful attitude of practice towards science, which not only made discoveries, but also analyzed, generalized practical experience, found ways to improve it, and developed intensive technologies. To a large extent, this also applies to solving the problems of creating a rule of law state, strengthening the rule of law, law and order and the fight against crime. The development of human civilization is now at the level where it is the mass use of progressive technologies in practice that determines the strength of the state, its progress, and the quantitative and qualitative results of labor. In order to successfully move towards a better future, live in a civilized manner, work more successfully, and achieve more, it is necessary to universally use intensive modern technologies in any activity, including law enforcement, both at the state and local levels. , in the work of every law enforcement agency and every employee. This also applies to the use of pedagogical technologies developed by legal pedagogy. Pedagogy, society, people. Society is always the same as its citizens. It can be better, more perfect only when it better and more perfectly forms the best type of personality. Pedagogy - the science of purposeful formationindividuals and human communities, which determines its social significance. Initially, pedagogy was only concerned with working with children in special educational and educational systems (kindergartens, schools, families). Today it is becoming more and more a science in working with any categories of citizens and in any systems and conditions related to solving pedagogical problems. The main systemic pedagogical phenomena, involved in the process of formation of personality and human communities, studied by pedagogy, are education,training, education and development. Education - a purposeful process of enriching the individual and communities of citizens with fundamental (extensive, deep, scientific, systematized, complex) knowledge that meets the modern level of human civilization and the achievements of the scientific and technological revolution. Such knowledge provides an appropriate understanding of the world, man, life, society, oneself and one’s activities, forms the habit and need for thinking, independent informed judgments, the ability and need for creativity, creation, enrichment of human experience and progress of society. Individual result of education - education personality, community, defined not by formal indicators - diplomas - but by a real understanding of the environment and oneself, manifested in relationships, behavior and actions. Education has educational and developmental significance and should be carried out with the achievement of appropriate pedagogical results. Education - a purposeful process of developing knowledge, skills and abilities in students. Its result is trainedawn individuals, communities of people. Special training, focused on fundamentality, outlook, general civilization of students - educational training, - makes it an integral part of education. In educational institutions focused on students achieving a certain educational qualification, the educational score of training should be clearly expressed and occupy a worthy place in it. In a number of cases, training is conducted without such orientation and takes on the character of private (narrow, limited) professionalism, reduced to practical skill. Such training has the right to exist in practical law enforcement agencies or form part of the training of students in educational institutions. When students are poorly enriched with knowledge and taught only the technique of action, without a deep understanding of why they need to act one way and not another, it essentially turns into professional coaching, professional drill, training. Education is designed to contribute to the education and development of individuals and groups of citizens, to be nurturing and developingaying. Upbringing - a purposeful process of forming the most important social qualities of an individual as a citizen of society and a bearer of universal human values: spiritual, worldview, patriotic, humane, behavioral, moral, legal, cultural, labor, etc. Education achieves the adaptation of the individual to life in society at the level of human civilization, the formation of citizenship, love for the Motherland, the surrounding nature, family, hard work, respect for the law, human rights and freedoms, humanism, respect for universal values, satisfaction of needs individuals providing conditions for self-determination in free, intellectual and cultural development, in self-realization. The result of education is good manners a specific person, a community of citizens. Part of the general education is professional education, aimed at developing good manners and its components in a lawyer and the team of a law enforcement agency. Legal education of legal professionals and citizens is an integral part of their general and professional education. It is specialized in achieving lawful behavior of legal professionals and citizens, their active and fruitful participation in strengthening the rule of law and order. Development - a purposeful process of determining quantitative, qualitative changes and transformations in the individual and the human community, leading to an increase in the level of development of their intelligence, abilities, the most important business (pedagogical, psychological, psychophysiological, physical) qualities and abilities (organizational, pedagogical, managerial , investigative, etc.; interests, inclinations, attention, memory, will, stability, dexterity, speed of reactions, resourcefulness, etc.), more advanced forms of their spirituality. Its main components are social, cultural, moral, legal, intellectual and physical development. The individual result of development is once-curl individual and group, collective (for example, turning it into a collective that educates its members). Education, training and upbringing contribute to the development of the personality of a professional lawyer and law enforcement teams. But it is wrong to understand this as a spontaneous and self-evident pedagogical result. For development to proceed properly, education, training and upbringing must be developing, carried out with a simultaneous focus on achieving a developmental effect. Special pedagogical measures aimed at developing (for example, intelligence, interests, attention, memory, physical strength and dexterity, will, self-control, abilities and etc.). All the considered fundamental pedagogical concepts and the most important components of pedagogical reality behind them complement each other, enrich each other, forming an integral human personality. Famous Russian scientist V.M. Bekhterev wrote at the beginning of the 19th century: “...If education is aimed at increasing human knowledge and, consequently, increasing erudition, then education... serves to ennoble spiritual feelings and to create and strengthen the will. From here it is clear that no matter how educated a person is, but if... his feelings remain at the stage of gross egoism, if he... turns out to be deprived to a certain extent of will, then all his education from the point of view of social benefit will be simple ballast, nothing more. If, on the other hand, an educated person receives during his development an inappropriate direction of feelings and will, then his education can become only a means or instrument for the satisfaction of personal passions and in this sense will only serve to create a harmful member of our society" 1 . The realities of life, designated by fundamental pedagogical categories, are the most important components of pedagogical activity, but can also act as types of pe-dagogical activity. They exist in the form of corresponding pedagogical systems, processes and results, i.e. education, training, upbringing and development. They include teachers, lecturers, teaching teams and those to whom their activities are directed - students, trainees, cadets, law enforcement officers and their teams. Pedagogical results are highest with the harmonious interaction of these types of pedagogical activities and their systems, with their merger in holistic pedagogical process, with the obligatory active participation of students themselves, listeners, cadets, employees, citizens, i.e. with their self-education, self-learning, self-education and self-development. All the considered components of pedagogical reality may be outside of a person’s awareness of them. However, overcoming spontaneity and purposefully managing them increases the scale and quality of the results achieved. The maximum possible result at the moment is ensured by the use of existing scientific achievements of pedagogy, knowledge and understanding of them, active qualified application. It is important to understand not only the categories themselves, but also their relationships, systemic pedagogical integrity, otherwise the opportunities will not be fully used. So, sometimes education is understood as everything that happens during the formation of personality. Or they believe that education and development are automatic products of upbringing and training. It turns out that there is no need to specifically and purposefully engage in the upbringing, education and development of a person, which obviously reduces the possibilities of pedagogy and the results achieved. Knowledge and understanding of the main categories of pedagogy and the corresponding components of pedagogical reality leads to the important conclusion that where they exist and are foundphenomena, results and influence of the results of upbringing, educationeducation, training and development of people on their lives and activitiesity, there is also the subject of pedagogy, the possibilities and necessity of applying its achievements. This also applies to the legal system, to the activities of law enforcement agencies and their employees, lawyers. Rule of law, legality, law and order and pedagogygeek. Strengthening law and order, the fight against crime is the task of the whole society, because the problems standing in the way of its solution lie in the weaknesses of almost all spheres - economic, cultural, moral, public administration, etc. There was a time when it was believed that strengthening legality and order is the prerogative of law, a refined task of legal scholars. The closer to modern times, the more severe the experience of extremes and failures in solving legal problems, the stronger the understanding that the creation of a rule-of-law state and a society based on law is a complex scientific and practical problem. Other specialists also became involved in solving the problem of strengthening legality and law and order. Borderline areas of scientific knowledge have emerged - philosophy of law, sociology of law, theory of management in the field of law and order, legal psychology, forensic psychiatry, etc. However, such a multi-branch and practically oriented science as pedagogy, which has its own interests and rich opportunities in the legal field, has not yet been used much and is being used to respond to the challenges of the time. It is known that law is not the only regulator of social life. In their behavior and relationships, citizens are guided by other social norms - ideological, cultural, moral, religious, corporate, socio-psychological (traditions, customs, fashion, superstitions, etc.). They reveal their influence both in the sphere regulated by law and, moreover, in others. The psychological acceptance of certain norms, the orientation of one’s behavior towards them, among other reasons, is determined by the level of upbringing, education, culture, social maturity, morality of the people, their social groups and individual citizens. If this is so, then law and order are notare inextricably linked with the pedagogical system of society, the success and fruitfulness of the functioning of institutions of upbringing, education, training and development in it, influencing the mass and individual behavior of citizens who understand or deny the importance of law-abiding behavior and appropriately relate to its norms.

Lecture 1. Introduction to legal pedagogy. . . . . . . . . . . . . . . . . .5
1.1. Rule of law, law and order and pedagogy. . . . . . . . . . . . . 5
1.2. Subject, goals, objectives, system of legal pedagogy. . . . . . . . . .15
1.3. Methodology of legal pedagogy. . . . . . . . . . . . . . . . . . . 25
Lecture 2. Social and legal pedagogy. . . . . . . . . . . . . . . . . .39
2.1. Social pedagogy and legal sphere. . . . . . . . . . . . . . . . . 39
2.2. Legal socialization and legal culture of citizens. . . . . . . . . . . .43
2.3. Social pedagogy of law. . . . . . . . . . . . . . . . . . . . . . .48
2.4. Social and pedagogical factors in the legal sphere. . . . . . . . . . . .55
2.5. Problems of forming the legal culture of the population. . . . . . . . . . . .61
Lecture 3. Pedagogy in law enforcement. . . . . . . . . . . .79
3.1. The main types of connections between law enforcement activities and pedagogy. . . 79
3.2. Pedagogy in the activities of various law enforcement specialists
organs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
3.3. Preventive pedagogy. . . . . . . . . . . . . . . . . . . . . . . . .90
3.4. Correctional (penitentiary) pedagogy. . . . . . . . . . . . . . .103
3.5. Post-penitentiary pedagogy. . . . . . . . . . . . . . . . . . . . . 115
3.6. Pedagogical technique of a lawyer. . . . . . . . . . . . . . . . . . . . . 121
Lecture 4. Pedagogy of legal education. . . . . . . . . . . . . . . .135
4.1. Legal education and its pedagogical system in educational
institution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
4.2. The problem of the personality of a student - a future lawyer. . . . . . . . . . . . . .150
4.3. Personality-forming potential of an educational institution. . . . . . 169
4.4. The essence and methodological system of training lawyers. . . . . . . . . . . .182
4.5. Organizational forms of training. . . . . . . . . . . . . . . . . . . . .200
4.6. Intensive technologies in legal education. . . . . . . . . . . .207
4.7. The work of a student, cadet, trainee to master the profession of lawyer. . 218
4.8. Pedagogical culture of the teacher and teaching staff. . .224
Lecture 5. Pedagogy of law enforcement agency management. . . . . . . . . 237
5.1. Pedagogical concept of law enforcement agency management. . . . .237
5.2. Pedagogical technologies in the organization of life and activities
law enforcement agency. . . . . . . . . . . . . . . . . . . . . . . . . 251
5.3. Pedagogical technologies in current law enforcement management
organ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .261
5.4. Pedagogical technologies in presenting demands
leader. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .269
5.5. Pedagogy of an example of a leader’s personality and style of activity
Lecture 6. Pedagogy of educational work with law enforcement personnel
organ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
6.1. Features of the education system in a law enforcement agency. . . . . . .289
6.2. Pedagogical principles of employee education. . . . . . . . . . . . .293
6.3. Moral and psychological preparation. . . . . . . . . . . . . . . . . . 308
6.4. Legal education and prevention of professional deformation
employee's identity. . . . . . . . . . . . . . . . . . . . . . . . . . . . .326
Lecture 7. Didactics of professional training in law enforcement
organs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .337
7.1. Pedagogical features and tasks of professional training. . . . 337
7.2. Pedagogical principles of professional training. . . . . . . . . . 341
7.3. Features of the organization and methodology of professional classes
preparation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
7.4. Training of special groups (crews, detachments). . . . . . . . . . . .360
7.5. Organizational preparation. . . . . . . . . . . . . . . . . . . . . . .364
7.6. Vocational and pedagogical training. . . . . . . . . . . . . . . 369
Lecture 8. Extreme legal pedagogy. . . . . . . . . . . . . . . .376
8.1. Extremeness in law enforcement and its special
requirements for employee preparedness. . . . . . . . . . . . . . . . . . 376
8.2. A system for training employees to act in extreme conditions. . 384
8.3. Vocational and pedagogical training. . . . . . . . . . . . . . . 390
8.4. Physical preparation for actions in extreme conditions. . . . . . .407
8.5. Fire training. . . . . . . . . . . . . . . . . . . . . . . . . . .414
8.6. Preparing employees and citizens to ensure personal safety. . .420
8.7. Preparing to take action against an armed offender. . . . . . .427
8.8. Maintaining service and combat training. . . . . . . . . . . . . 436
8.9. Pedagogical support for solving service and combat tasks during
emergency circumstances. . . . . . . . . . . . . . . . . . . . . . . . 440
Lecture 9. Comparative legal pedagogy. . . . . . . . . . . . . . . 457
9.1. Methodology of comparative legal work. . . . . . . . . . . . . .457
9.2. Pedagogy in the practice of law enforcement agencies for
abroad. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .461
9.3. Legal education abroad. . . . . . . . . . . . . . . . . . .466
9.4. New foreign pedagogical technologies for training professionals. .474
9.5. Using global experience in working with personnel. . . . . . . . . . .483

History and prospects of legal pedagogy. Basic concepts of legal pedagogy Terms of legal pedagogy

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