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7business env'ronment, increase of the status of the Russian business in the country and in the world, maintenance of balance of society interests, power and business. Forming tools of management of economy development cycles, we actually achieve the stated purposes of the businessmen union.
REFERENCES
1. Arakelyan, N. (2013) "Anti-recessionary measures in the conditions of cyclic development", Public administration, No. 8, pp. 35-42.
2. Glazyev, S.Yu. (2008) Strategy of the advancing development of Russia in the conditions of global crisis, Moscow, Eksmo.
3. Golichenko, O.G. & Samovolev, S. A. (2011 ) "Failures of the market and state in Strategy of innovative development of the Russian Federation for the period till 2020. 'Innovative Russia - 2020'", Innovations, No. 2.
4. Kat'kalo, V.S. (2008) Evolution of the theory of strategic management, Saint Petersburg, Prod. House of Peterburg State University.
5. Tsygankov, D.V. (2012) "Clever regulation", State supervision, No. 4.
PROBLEMS OF LEGAL REGULATION OF PUBLIC SERVICE IN HIGHER EDUCATION, AND CONFLICT OF INTEREST IN THE PUBLIC SERVICE OF THE RUSSIAN FEDERATION
Abstract
The paper is devoted to the analysis of problems of legal regulation of public service in education, and also to problems of legal regulation and types of the conflict of interests in public service of the Russian Federation.
Keywords
public service, higher education, conflict of interests, responsibility of public servants
AUTHORS
Ilya Surmanidze
PhD, Associate Professor Law Department Russian Presidential Academy of National Economy and Public Administration Kirov, Russia ily6897@yandex.ru
Andrey Kirillovyh
PhD, Associate Professor Law Department Russian Presidential Academy of National Economy and Public Administration Kirov, Russia kirillovykh2014@yandex.ru
Education as service function of the modern State. Today in the scientific literature increasingly talk about service functions of a modern State, an example of which is the concept of «public services». These kinds of services, like social security, health care, and education are some of the main functions of a modern State, who proclaimed himself a social (art. 7 of the Constitution of the Russian Federation) and reflect the public in advance.
Educational function among other social functions is one of the dominant and particular interest in its effective implementation has both State and society. The latter is extremely interested in the presence of a high level of educational services, particularly in the field of higher education, that at this stage of development can only be achieved through a system of institutions that are created and managed at the State level.
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As is known, the process of governance at various levels is associated with a redistribution of public functions and the subject of their performance are not only public authorities but also institutions. Regulation of higher education as a special phenomenon and the Institute of education, however, presents some difficulties, defined area, which adjoins educational organization in everyday activities. University as a system defined relationships, describes their «outer» and «inner» side. In the first case is the relationship of power and subordination, generated through the discharge of educational organization of public functions, and the second is the scope of the implementation of the autonomy of the private entity, where educational organization acts as an equal partner.
Moreover, this distinction has a very thin line, as public and private interests in education are often intertwined. However, the nature and form of some relations educational organization may be different, defined, first of all, the status of the owner-founder.
Subject category-public law in education. The solution to the problem of the nature of relationships within the University is not only theoretical, but also applied to determine the scope of applicable methods for regulation and development prospects of educational legislation. At the same time, being the subject of management, the institution has the right to determine valid methods to achieve the tasks entrusted to it, the most effective, in terms of economic, cultural and territorial characteristics, conditions of their activity. It seems necessary to consider the category of the subject of administrative law in relation to education, subject to the local level of educational organization.
D.n. believes Bachrach «subjects of administrative law should recognize the participants of social relations, where administrative law have provided for rights and responsibilities, ability to administrative-legal relations» (Bachrach, 1994).
Despite the priority public interest, is not denied the presence in the activities of the bodies and institutions and some private, which, while not changing public qualities of such entities (for example, in the provision of public services) (Tikhomirov, 2005).
It is no coincidence that foreign scholars recognize the possible effectiveness of decentralization of public administration in those areas and issues where the State does not require a uniform State policy (Brèban, 1988).
If the subject public administration operates in the Department form for immediate implementation of public tasks, according to several authors, in this case, the Administration should apply private law (Verwaltungsprivatrecht) (Maurer, 1997).
Characteristic of the administration of private law is the discrepancy form of activity of the subject public administration (castnopravovaâ) with the aim of its activities (public law), resulting, according to A.f. Vasilyeva, the «coexistence» of private and public law» (Vasiliev, 2007).
In this regard, the French public doctrine of law recognizes the possibility of public relations with the subject private administrative law. It is no coincidence that, while in France the implementation of public functions in management can participate for a fee to private organizations to provide public and private administrative-legal activities (Wedel, 1973).
It is noteworthy that the French experience is associated with a high degree of centralization of higher education, which often leads to the identification of educational institutions with the authority of the public service, and individual studies is invited to even give the teacher a civil servant status, performing on behalf of the State authoritatively-administrative and supervisory functions in respect of students (Kaplûk, 2007).
Should, we believe, very careful about the mainstreaming of such practices on Russian soil. Fundamental principles of traditional historical organization universities define significant influence of the University on the development of society and the State. At the same time, public interest in education cannot be provided in the near future
without a public element in the activities of higher education institutions. With that said, believe possible, considering Institute of public services and in relation to education.
In a marked manner, should, in our opinion, based on the objectives of establishing educational organization that form the objectives of its activity. Tasks implemented by educational organizations in the immediate area of their activities are public, and can be defined as socially significant issues, the solution of which is the responsibility of the Organization to achieve the objectives of its functioning. Therefore, the basic nature of relationships within the educational institution is public, and is decisive for the whole "palette" linkages within the local organization of the legal person.
At the same time, if the concept of education in the Russian legal attempts to examine its future through harmonizing public and private interests, the French educational model is based on the general interest category. These concepts reflect different visions: liberal democracy is based on individual freedom and social-which is based on universal public interest.
Purely liberal or social approach cannot reflect the directions of the further development of democracy in the Graduate School of management. Principles of State policy expressed in the educational legislation define education as one of the most important functions of the State, shows the priorities of development of the Russian Federation. Finding a reasonable balance between autonomy and democracy is the main, if not the major challenge to be addressed in modern conditions of development of higher education.
Given the public profile of the graduate school, separate categories may have a staff public rights (powers) and responsibilities. First of all, this can be attributed to the Faculty (PPP) and Administration (Rector, Vice-Rector), which interact within the Organization and maintenance of educational process increasingly reflect a public entity University relations.
The conflict of interests in public service. Realization of procedure of the conflict of interests in public service of the Russian Federation revealed a number of the problems connected as with actually legal regulation, and right application of the specified institute. So, we will dwell upon some problems.
First, procedure of the conflict of interests mostly was copied from the foreign office legislation, and with rather weak adaptation for realities of public service of the Russian Federation, respectively, already initially in full degree the specified institute was disabled.
Second, the Federal Law of December 25, 2008 № 273 «On Combating Corruption» in Art. 10 defining the term «conflict of interest» (Russian Federation Code, 2008), in particular, uses the phrase «affect». And this is just lies significant error of the legislator, as conflict of interests - a situation that has not yet occurred, but can also occur on which the employee is obliged to inform the representative of the employer and, therefore, prevent it and to prevent. However, if such a situation has arisen, and there is, then it is not a conflict of interest, as a disciplinary offense or the offense, including corruption, followed by, in case of detection and punishment will follow a completely different measures of legal liability in respect of employee.
Thirdly, conflict of interest, in most cases the sanctions allowed a negative way, and certainly not in favor of the employee, even though, in fact, such a settlement should be to the mutual benefit of the parties, representative of the employer and employee. It seems that the regulation of conflicts of interest must be built from the use of softer measures to more stringent (depending on the availability of relapse in the actions of the employee, or other circumstances).
Fourthly, there is actually a mixture of legislative conflict of interest and misconduct. Conflict of interest is always related to yield potential of the material and financial benefits and potential material enrichment employee. At the same time, quite
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a large number of situations in the state and municipal service, which bind to the conflict of interest - it is, in particular, errors or omissions in the information supply officials on the income, assets and liabilities of a material nature. Violations in filling these accounting documents (errors, inaccuracies, false information, etc.) - are disciplinary offenses, but not a conflict of interest. Once again I must reiterate that the basis for conflict of interest is material financial interest of employees who may be just, but does not have arisen, and in no way a disciplinary offense, continuing or completed.
Fifth, still remains a problem severity of the disciplinary penalties against an employee does not take measures to prevent and (or) the settlement of a conflict of interest, in particular, is it always in relation to the said employee should apply disciplinary action such as dismissal of art. 59.2 of the Federal Law of July 27, 2004 № 79 «On State Civil Service of the Russian Federation» (Russian Federation Code, 2008)? The law uses the phrase «subject to dismissal», but the final decision to dismiss an employee representative is accepted, an employer who can not apply such harsh disciplinary measure.
Next we look at some of the most typical (common) situations of conflict of interest in public service. Thus, in such a situation can be attributed.
1. Acquisition and possession of a civil servant, his wife (husband), relatives or close persons Securities organization (s) in respect of which (whom) a public servant carries out some functions of government.
2. Preparation of a civil servant, his wife (husband), relatives or close persons remuneration (including gifts, entertainment and holiday pay, payment of transportation costs, loans, services, etc.) from the persons or entities, or for exercising civil servants their official duties, or in cases where persons in respect of such public servant carries out (or carried), the functions of government.
3. Implementation of the civil servants of government functions in respect of those persons who before the civil servant, his wife (husband), relatives or close persons are property obligations, or, on the contrary, at the very civil servant, his wife (husband), relatives or close persons are property obligations to these persons.
4. Implementation of the civil servants of government functions in respect of those legal entities in which he has previously engaged in labor activity (as in management and in other positions), or the owner or holder of shares or other securities of which he is.
5. Receipt of the former public servant to work in those organizations for which he states in the public service, to carry out the functions of government (without authorization of the commission to resolve the conflict of interests of public authority).
6. Use of public servants proprietary information to benefit or advantage in the commission of the relevant financial transactions, or the transfer of this information to obtain benefits to third parties.
7. Preparation of public officials working in post, «the head» of gifts from subordinates, or, conversely, subordinates giving gifts to his superior officers.
8. Transfer of public servants of their business assets he owned up to enter the civil service, their relatives, friends, or others (in fact, in this case, it is not only a conflict of interest, but also the illicit enrichment, which the current legislation is not suppressed).
9. The situation where a public servant when certain irregularities in the conduct of supervisory activities recommended for their «guaranteed» to eliminate (and, consequently, to eliminate the violations associated with these problems) refer to those organizations, the founders or members of which are his relatives close and other related person.
10. Perform any other paid public servants working in the organizations financed from foreign countries or international organizations or with the participation of these entities.
REFERENCES
1. Bachrach, D.N. (1994) "Individual subjects of administrative law", State and law, No.3, p. 16.
2. Breban, G. (1988) French administrative law, ed. S.v. Bobotova; Lane. with Fr. Dmitry Vasilyev, V. Karpovich, Moscow, Progress, 1988. -S. 87.
3. Kapluk, Ma. (2007) Administrative and legal status of the Federal State educational institutions of higher professional education in the Russian Federation. Katege. ... DICs. Cand. legal. Sciences. 12.00.l4 Rostov-na-Donu, 2007. -S. 10.
4. Maurer, H. (1997) AllgemeinesVerwaltungsrecht, München, § 3. Rn. 6 - 11, § 17.
5. Tikhomirov, Ed. Y.a. (2005) Public and private interests in the Russian legislation (2005): on materials of scientific-practical conference, Moscow, 2005.
6. Vasiliev, A.F. (2007) "Foreign experience of legal regulation of public services", Journal of Russian law, No. 12.
7. Wedel, J. (1973) Administrative law in France, Moscow, Politizdat, p. 34.
8. Russian Federation Code (2008) No. 52. Art. 6228.
9. Russian Federation Code (2004). No. 31. Art. 3215.
ROLE-PLAYING GAMES USAGE IN THE COURSE OF "BUSINESS ENGLISH" FOR STUDENTS OF NON-LINGUISTIC HIGHER EDUCATIONAL ESTABLISHMENTS
Abstract
The paper deals with the relevance of application of new methods of training, the most important of which is competence-based approach to education in non-linguistic higher educational establishments. The purpose of the paper is to revive the main signs of modern language formation which covers a large number of people studying foreign languages at the most various levels. The paper offers quite a wide range of methods and technologies which can be used for foreign language training through the role-playing usage and it also describes educational process basing on competence approach to education. The presented material will be useful for lecturers of higher educational establishments.
Keywords
education, cross-cultural communication, training and methodical complex (TMC), role-playing games, traditional and communicative methods of teaching, communicative competence, survival level, threshold level, socialization
AUTHOR
Angelica Tadtaeva PhD, Associate Professor Department of Foreign Languages Finance University under the Government of the Russian Federation
Vladikavkaz, Russia tanzhela2005@yandex.ru
By the beginning of the XXI century the social and cultural context of learning of foreign languages had changed fundamentally in Russia. Educational and self-educational functions of the foreign languages, their professional importance in the labor market have increased significantly. As a result, it influenced the strengthening of the motivation in language studying for international communication.
The changes which are taking place in modern society, the creation of European cultural and economic environment, Russian involvement in these changes, the emergence
