Modern problems of science and education. Problems of the quality of legal education Faculty of shortened educational programs

economic sciences

• Leskina Olga Nikolaevna, Candidate of Sciences, Associate Professor, Associate Professor
• Financial University under the Government of the Russian Federation

• PROFESSIONAL EDUCATION
• PROFESSIONAL TRAINING
• HUMAN RESOURCES

The article describes the main difficulties and problems of the region's vocational training system, and proposes principles and directions for improving the development of vocational education.

• The quality of human resources and innovative development of Russia
• Motivation in the human resource management system
• Problems of professional training of human resources in Russia in modern conditions
• Development and implementation of a personnel strategy at an industrial enterprise in the region

In the modern world, education plays a key role in economic development at the national and regional levels and is one of the main components of well-being. Forced technical re-equipment, which is now necessary in Russia, will require qualified, energetic personnel who will replicate innovations and create an innovation-receptive environment. The socio-economic development of the region in modern conditions of economic modernization is largely determined by the level of provision of industry, science, and the social sphere with highly qualified personnel.

The state of labor potential, which is part of human capital, in our country is not adequate to the challenges of the current stage of its economic development. The quality of vocational education is deteriorating, and the vocational qualification structure in many cases does not meet the needs of production. And due to the low quality of the labor force, the competitiveness of the goods and services produced suffers. In this regard, the problem of training the necessary specialists in the vocational education system becomes acute.

The vocational education system traditionally includes three main parts: the system of primary vocational education; system of secondary vocational education; system of higher professional education. Along with traditional forms, new forms of obtaining professional education have recently become increasingly relevant - postgraduate education, advanced training, retraining of specialists, corporate training, etc.

The regional system for ensuring the quality of vocational education at all levels should be based on the following principles:

• focus on meeting the requirements and expectations of consumers and all interested parties (students, educational institutions, society, government, potential employers);
• development of social partnership (mutually beneficial cooperation built on trust, knowledge exchange and integration with partners);
• continuous learning, innovation and improvement of the educational process;
• education quality management based on information, facts and processes;
• systematic approach to education management;
• responsibility to society.

The development of the vocational education system in the region involves:

• creation of an optimal vocational education system based on constant monitoring of current and future needs of the regional labor market and its subsequent correction taking into account the requirements of state and international educational standards;
• increasing the competitiveness, professional and social mobility of graduates in the labor market;
• improving the quality of vocational education through the creation of an effective management system, development and implementation of new teaching technologies, strengthening the practical orientation and improving the content of education, increasing the professionalism of scientific, pedagogical, engineering and teaching personnel;
• development of a system of social partnership in the field of education, upbringing and youth policy;
• formation of information and technological infrastructure of the regional system of vocational education and its integration into the unified educational and information space of Russia;
• preservation and development of the social protection system for workers and students of primary, secondary and higher vocational education, taking into account current trends in the development of vocational education and regional characteristics.

Achieving the above conditions is possible only on the basis of a comprehensive system of interdepartmental measures. The main directions of development of the regional vocational education system are:

1. Improving the quality of vocational education.
2. Development of a unified information and educational space based on modern information technologies.
3. Social protection of workers and students of primary, secondary and higher vocational education.

The quality of education is an integral property that determines the ability of the pedagogical system to satisfy the existing and potential needs of the individual, society and the state. When analyzing the quality of professional education, it should be taken into account that this is a systemic concept that includes the following components: the quality of the subject of the provision of educational services - teaching staff; quality of the object of provision of educational services - applicants and students; the quality of the process of providing educational services - educational programs, technologies and scientific, methodological and technical support, moral and psychological atmosphere; quality of internal and external conditions, relations with the external social environment; quality of management of an educational institution. Assessing the quality of education involves assessing six main components: the quality of the educational environment, the quality of the result, the quality of teaching, the quality of content, the satisfaction of subjects of the educational process, the quality of educational technologies.

One of the main directions for improving the quality of vocational education is the widespread use of modern information and telecommunication technologies in the educational process. The intensive development of these technologies and informatization are becoming important factors in improving the quality of vocational education in the region. Computerization of vocational education expands the possibilities of using modern information technologies and resources for educational purposes, increases the efficiency of independent work, stimulates intellectual creativity and professional skills, contributes to the formation and consolidation of general scientific and special knowledge, professional skills and abilities of students. At the same time, the insufficient development of regional information and telecommunication networks is obvious. Most small towns and villages in Russia have a poorly developed information infrastructure and, as a result, a lower level of education and information culture of the population. The lack of computer hardware, software and hardware, the lack of a developed regional network of electronic library and information resources, electronic data archives, the shortage and generally insufficient level of training of specialists ensuring the implementation and maintenance of modern information and telecommunication technologies in vocational education institutions limit the access of teachers and students to information resources.

To develop a unified information and educational space in the region, it is necessary to: equip vocational education institutions and education management bodies with modern computer technology and telecommunications; development and implementation of electronic textbooks, educational and methodological complexes and other educational materials, as well as electronic means of information technology support for the educational process; creation of a unified regional system of continuous multi-level training, retraining and advanced training of teachers, scientific and pedagogical workers, educational support, engineering, technical, administrative and managerial personnel of vocational education institutions and library workers for the purpose of prompt and effective introduction of the latest information and telecommunication technologies into the educational process technology; formation on the basis of Internet technologies of new types of regional information resources (regional depository of electronic textbooks and educational materials, regional educational portal); creation of a regional system for centralized quality monitoring and certification of information resources; development of a regional system of technological standards for forms of data presentation and data exchange, integrated into the national and international educational space.

Social protection of workers and students of primary, secondary, and higher vocational education should include a set of measures to provide social guarantees and benefits aimed at maintaining living standards and consumption standards that meet modern requirements. Currently, in most constituent entities of the Russian Federation, the key social problems of workers in the field of education and science are unsatisfactory, low wages, the inability to resolve housing problems, poor provision of medical services, low availability of sanatorium-resort treatment, and the destruction of the social infrastructure of vocational education institutions. Meanwhile, scientists have established that the ratio of wages of those employed in the field of education, science and scientific services to the average wage in the economy as a whole should not be lower than 1.25:1.

In our opinion, a significant place in the policy of stimulating the development of professional training should be given to the formation of a system of assistance to children and youth living in low-income families, especially in rural areas, and the creation of favorable conditions to meet the interests of the younger generation. As you know, youth are the most important resource for the formation of a new type of economy based on knowledge. It is she, as it was found out in the course of research, who has a higher level of adaptability to a market economy, exhibits higher social mobility and flexibility, readiness to develop her “human” capital, and a tendency to rely on her own activity as a necessary and natural condition for success in life. Therefore, it is necessary to create conditions to ensure the opportunity to acquire new knowledge and skills necessary for successful work, help in finding employment, improving living conditions, etc. Social assistance should be targeted. As incentives for students who have distinguished themselves in studies, science, creativity, and sports, additional scholarships can be used, for example, gubernatorial scholarships for winners of All-Russian and international Olympiads, vouchers to health institutions, etc. Low-income students should receive, for example, free food packages, monetary compensation for travel on public transport, etc. Young specialists who get a job in rural educational institutions should receive a “lift”, and those who decide to work as teachers should receive a salary increase during the first years. Much attention should be paid to organizing treatment and recreation for students.

The development of the vocational education system in the conditions of the formation of an innovative economy in Russia requires a fundamental change in the educational policy of the transition to advanced education. According to a number of scientists, it is necessary to begin training specialists who will be needed tomorrow, despite the fact that today there may be no work for them in the country or region. Given the collapse of most high-tech enterprises in the country, there are two options. The first is to lower the level of education to the needs of the current degrading economy based on raw materials. The second is to train specialists for the high-tech domestic economy, counting on the fact that some of these people will create it. Innovative development is associated with choosing the second path. Therefore, the development of a system of professional training should be subordinated to a unified concept of socially and professionally oriented youth policy, state support for talented youth and all forms of scientific and technical creativity of students, graduate students and doctoral students of higher education.

The solution to economic problems in the innovation sector of the economy depends, first of all, on professional people using business strategies, on the presence of an innovation and educational environment that is sustainable, self-sustaining and receptive to innovations and their commercialization. This requires the training of young specialists of a new type who have practical skills in scientific and technical entrepreneurship and innovation. There is also a need for infrastructure, mechanisms and methods for generating this kind of specialists, a change in the scale of values, attitudes, as well as significant organizational support for this work from the state, regional authorities and business.

As in other historical eras, when much needs to be built anew, “new people” are in demand, the training of which is undertaken by advanced higher educational institutions of a certain type, such as Ecole Normale during the years of the Great French Revolution, Moscow University during the reign of Catherine the Great. reforms, Moscow Physics and Technology during the creation of the nuclear missile shield, etc. People of the new type must be able to think creatively and have different value orientations.

The experience of industrially developed countries shows that the problem of training modern personnel can be solved by the cooperation of educational institutions and industrial companies. This includes the opening of training centers, especially in the field of new technologies, the organization and implementation of targeted scientific programs, and the creation of a system of continuous training and on-the-job retraining. The initiative of a number of universities to identify innovative needs at the regional level and train specialists focused on their implementation is extremely important.

To organize closer cooperation between educational institutions and real sector enterprises in order to train specialists with the required qualifications, it is necessary:

1. Creation of a system of effective interaction between government bodies, employers' associations, business structures and public and private educational institutions.
2. Systematic monitoring of personnel needs, rating of educational institutions, training centers, business schools and educational and training programs.
3. Determining the needs of companies in developing the competencies of key specialists and management personnel.
4. Formation of a system of continuous education throughout life.
5. Presentation of needs and requirements for vocational education and business training to leading educational institutions, training centers and business schools.
6. Testing and development of modern Russian methods, trainings, programs with the participation of high-level specialists.
7. Organization and conduct of specialized educational and training business programs.
8. Involvement in improving professional training of regional business personnel.
9. Study of Russian and foreign experience and examination of practical situations in reforming business processes, determining strategic positions for companies, and competitive breakthrough in the global economy.

Coordination of efforts, active cooperation between universities and industry, and joint work with executive and legislative authorities will help overcome the difficulties that the region’s professional training system currently faces.

Bibliography

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2. Lebedeva N., Tatarko A. Cultural values ​​and development of society. M.: Publishing house. House of the State University Higher School of Economics, 2007. P.25
3. Leskina O.N. Problems and prospects for the development of human intellectual capital of Russian society // Economy and Society: problems and prospects for modernization in Russia. Dedicated to the 95th anniversary of the Financial University under the Government of the Russian Federation / under the general direction. ed. V.V. Bondarenko, V.A. Dresvyannikova, O.V. Loseva. – Penza: PSU Publishing House, 2013
4. Leskina O.N. Human resources and problems of their reproduction in modern Russia // Entrepreneurship and innovation: regional priorities and development prospects: collection of articles. materials of the International scientific and practical conference dedicated to the 75th anniversary of the Altai Territory. – Barnaul: Publishing house “AZBUKA”, 2013
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Internet conference
Shakhrai Sergei Mikhailovich

June 9, 2009 at 14-00 hours An online conference by Shakhrai Sergei Mikhailovich was held at the GARANT Information Agency.

Shakhrai Sergey Mikhailovich - Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Scientific Director of the Higher School of State Audit of Moscow State University, Deputy Chairman of the Commission for Public Assessment of the Quality of Higher Legal Education of the All-Russian Public Organization "Association of Lawyers of Russia", Chairman of the Central Control and Audit Commission of the Russian Lawyers Association, Head of the Accounting Board.

Conference topic: "Problems of quality of legal education".

The objective process of formation in Russia of a new legal system and a system of socio-political and economic management creates an urgent need for training and retraining of management personnel on a fundamental legal basis, taking into account both traditional and innovative Russian and foreign experience. Therefore, the President of the Russian Federation chose the need to develop and improve legal education as one of the priority areas for the modernization of Russian higher education.

On May 26, 2009, the President of the Russian Federation signed Decree No. 599 “On measures to improve higher legal education in the Russian Federation.”

Its goal is not just to stop the production of unskilled and low-professional personnel for the judicial system, legislative and executive authorities, and local governments, but also to improve the legal culture of the entire population in the country.

Measures to improve the quality of legal education were developed jointly with the All-Russian public organization "Russian Lawyers Association", which put forward the following proposals: creating a list of government positions, to fill which it is necessary to have legal knowledge, including passing qualifying exams; improvement of the system of licensing and certification of law schools, including the introduction of public certification of law schools; termination of admission of students to law faculties of non-core universities; compiling a ranking of law schools; introduction of a state qualification exam for the right to engage in certain types of legal activities; introduction of a state procurement system and targeted recruitment, allocation of quotas for young specialists in leading law schools; development of educational standards for training lawyers, etc.

During the online conference, it is planned to discuss further prospects for the development of legal education, identify its gaps and shortcomings in this area, discuss the need to adopt federal state standards of higher professional education in the field of training (specialty) "law", formulate proposals for improving licensing procedures for educational activities and state accreditation of federal state and non-state educational institutions of higher professional education that train legal personnel, as well as criteria for assessing their activities. Sergei Mikhailovich Shakhrai will answer these and other pressing questions during the online conference.

By the time our conference began, several dozen different, interesting and problematic questions had been received, which we would like to offer to our distinguished guest today.

Leading: In recent years, an increasing number of unqualified lawyers have graduated from universities, while many graduates do not work in their specialty. I would like to hear official statistics from you. How many lawyers graduate each year? How many of them work in their specialty?

Shakhrai S.M.: The statistics here are quite interesting. In recent years, the number of legal students has been increasing. In the academic years 2007-2008, 881,000 students studied at law faculties. This means that approximately 150,000 graduates receive a law degree each year. For comparison, we can say that in the USSR lawyers were trained in 52 law universities and law faculties. Currently, 1,211 higher education institutions in the country train lawyers: these are both state and non-state universities, as well as their faculties and branches. What does the employment situation look like for these lawyers? According to Rosstat and the Russian Ministry of Education and Science, 50% of the approximately 750,000 certified lawyers do not work in their specialty. In other words, there are many low-quality lawyers, at least twice the total demand for legal personnel. But it is always difficult to find highly professional lawyers whose qualifications would suit a specific company or a specific government agency. This can be confirmed by the heads of federal ministries and departments, large companies and state corporations. We produce much more lawyers per capita than in the USA, Germany, and other EU countries. A year ago, the Russian Lawyers Association raised the question of the need to reorganize legal education in the country before the President and the Government. A commission was created to publicly assess the quality of legal education. Initially, this commission was headed by academician Oleg Kutafin. After his untimely death, this commission was headed by the co-chairman of the Association of Lawyers, Sergei Stepashin. I have the honor to be his deputy on this commission. Over the past year, we have developed certain measures, but we will talk about them a little later.

Leading: By his Decree on measures to improve higher legal education in Russia, President Dmitry Medvedev instructed the Government and the Russian Bar Association to submit proposals for improving the procedures for licensing activities and state accreditation of law universities, as well as for determining criteria for assessing their activities. Previously, representatives of the Association expressed an opinion on the need to divide universities that train students in legal specialties into specialized and non-core ones. What is the point of such a decision? And how deep will the reorganization of the Russian legal education system be? How long will it take to complete?

Shakhrai S.M.: Together with the Presidential Decree of May 26, 2009, a fairly large in volume and much broader in content order of the President to the Government was issued. The first paragraph of this instruction deals with approving the list of specialized and non-core universities. Why did such a need arise? You will not find a single agricultural institute, technical or medical university in Russia that does not have law faculties or departments. Everyone is opening legal departments and faculties. Despite the obvious overproduction, higher legal education remains prestigious and attractive for school graduates and their parents. It is believed that it does not matter whether a graduate will or will not work in his specialty, but a law degree will be useful in life. Existing universities take advantage of this, new ones are emerging, paid faculties and paid departments for training lawyers are opened. And until 2009, people took their school certificates there. And at the same time, money to get this higher legal education. Therefore, the division of universities into specialized and non-core is an attempt to identify those higher education institutions for which higher legal education is either the main one or one of the main ones. As, for example, at Moscow State University and St. Petersburg University. In the educational services market, it is necessary to create certain restrictions for those universities where legal education is non-core. The presidential order requires the development of several relevant measures. For example, we believe that there should be no budget-funded places for training lawyers in non-core law universities. The state is not obliged to invest budget funds in a non-core university. This is a deliberately ineffective waste of money: after all, the result will be the entry of another unqualified lawyer into the management personnel market. We believe that a clear deadline should be set for the withdrawal of budget places for lawyers from non-core universities: for example, from September 1, 2010 or 2011. The question arises when non-core law universities should stop accepting applicants and what to do for those who are already studying in their first three years. The President's order states that all those who are already studying should be guaranteed completion of their education. That is, no one will be kicked out.

Leading: The Presidential Decree "On measures to improve higher legal education in the Russian Federation" provides for the creation of a system of public accreditation of state and non-state universities that train lawyers, as well as an increase in the volume of the practical part of educational programs. What impact will the results of public accreditation have on the fate of universities? How do you see the principles for forming the ranking of law schools? Will it mainly include universities from the capital?

Shakhrai S.M.: The Russian Bar Association will post the results of its public accreditation of universities on the Internet. Any school graduate and his parents will be able to see which universities prepare good specialists and which do not have the conditions to train qualified lawyers. That is, people will have the opportunity to choose with a fairly obvious reaction. People will not invest money in low-quality education. They will try to go to a specialized, high-quality law school. They will try to get a legal education that guarantees a good job, good earnings, prestige, and satisfaction from the profession. The point of accreditation, in our opinion, is that the Ministry of Education and Science, when issuing a license to the next university where legal education is planned, takes into account our assessment. Licenses are issued for a specified period. The Ministry of Education and Science should be given the opportunity to decide whether to renew accreditation, renew the license or not. Naturally, those universities that have failed to create conditions for the training of qualified lawyers will be abolished. Leading: Will it mainly include universities from the capital? Shakhrai S.M.: No, such a proposal was not put forward by anyone in the commission for public assessment of the quality of legal education, including representatives of Moscow State University and St. Petersburg University. We interviewed all major corporations, lawyers, and notary offices. It turned out that graduates of about 20 universities work there. Where do the others go? This is the half of graduates whose diplomas are not in demand. Graduates of universities in Moscow, St. Petersburg, the Ural Law School, Saratov Law School, and universities in Tomsk and Vladivostok are in demand. Any university that can prove that it is able to provide high-quality legal education is included in this list.

Leading: Do you consider it advisable to introduce mandatory introductory and practical training for law students not only in the 3rd and 5th years, but throughout all five years of study, in order to better prepare them for their future profession?

Shakhrai S.M.: At the Faculty of Law of Moscow State University, I supervised the practical training of our students for 5 years. This was practice after the 3rd or 4th year. Accordingly, introductory and pre-graduation. I believe that practice, even a small one, should already be in the first year. From the first year, a student should have the opportunity to get acquainted with his future place of work. At the Accounts Chamber, I sign an application for any student of any law school who wants to do an internship with us. I think that if we give special courses in the 4th-5th years, then introductory practice should be introduced in the 1st-2nd years, and then move on to industrial, pre-graduate practice. That is, there must be practical classes in every year of study.

Leading: Some experts are of the opinion that public universities should produce, first of all, specialists for the civil service. For example, future investigators, prosecutors or bailiffs. And non-state higher education institutions focus on training lawyers for the corporate sector. For example, specialists for banks, insurance and auditing companies, as well as lawyers. How do you evaluate such a proposal?

Shakhrai S.M.: Negative for now. It seems to me that this will impoverish state universities, such as the law faculty of Moscow State University or St. Petersburg University. This seemingly logical specialization will lead to a deterioration in the quality of legal education in both state and non-state universities. I believe that a graduate of both state and non-state law universities will have to decide on their own. And state bodies must publish data 1-2 years in advance on the number of places for which they are willing to take graduates, and select them through competition.

Leading: Many Russian universities and law faculties practice distance learning and remote examinations in many disciplines. In this case, students do not have the opportunity to talk with the teacher on controversial issues, offer their point of view, or enter into a discussion. Do you think distance learning is effective?

Shakhrai S.M.: I consider distance learning to obtain a higher legal education a profanation. It is impossible to become a lawyer from a distance. Distance learning is a form of pumping money out of parents, as well as from people who came for a second higher education. However, I am by no means proposing to abolish distance learning. I believe that the solution to the problem here should not be a ban on distance education, but finding a niche for this education

Leading: The Higher School of State Audit of Moscow State University, of which you are the scientific director, also offers legal education. What can you tell us about its activities in the light of the Presidential Decree “On measures to improve higher legal education in the Russian Federation”?

Shakhrai S.M.: As a project, the Higher School of State Audit, in fact, was born in the process of assessing the quality of legal education and thinking about which lawyers we need and which ones will be in demand. The rector of Moscow State University, academician Viktor Sadovnichy, called our Higher School of Civil Engineering a special-purpose faculty. I liked it, almost like "special forces". At the Accounts Chamber, I was faced with the fact that the staff consists of 2/3 economists and only a third lawyers. In practice, I have to teach economists the law “at the bench”, because the activity of an inspector of the Accounts Chamber without knowledge of the legal form is impossible. Moreover, lawyers, without knowledge of economics, finance, and accounting, cannot work in the field of government audit. Thus, we, as they say, without interruption from production, “brought to mind” both of them. I myself studied for three years at the Financial Academy under the Government. So why not combine economic and legal education within the walls of a higher legal institution? Today, GSCA annually accepts 50 people, to whom we issue a law degree from Lomonosov Moscow State University, and 25 people, to whom we issue a university bachelor’s degree in economics. But our curriculum is designed in such a way that we only provide basic university education in the first and second years. And starting from the third year of lawyers, we teach economics, finance, and accounting. We teach economists such branches of law as civil, financial, administrative, as well as civil procedure. Because it is also impossible to be an auditor or controller without knowing these legal disciplines. This year we are already enrolling our third year, and so far everything is going well.

Leading: One of the most important and necessary measures during the reorganization of the legal education system is the fight against corruption. In some universities you can not only buy a positive mark on an exam or test, but also enroll there for money. Many teachers do not hesitate to name the amount that a student must pay in order not to be expelled or to receive at least a satisfactory grade. What quality of legal education received at a university can we talk about when students often buy diplomas and coursework? University corruption is not the last reason for the massive graduation of unqualified lawyers. What is your opinion on this matter?

Shakhrai S.M.: In one form or another, similar phenomena exist in different universities, in different cities and towns. In general, this is the result of weakening government regulation of the educational industry. This, by the way, explains why anti-corruption vaccination in relation to higher legal education is provided for by the Presidential Decree on measures to improve higher legal education in Russia and the corresponding order of the head of state to the Government. I see two sides of the coin here. A student at a law school, and especially one like the Higher School of State Audit, must master the methodology for anti-corruption examination of a document. This methodology was developed at our Research Institute of the Accounts Chamber 5 years ago. The corresponding software is easy to install on a personal computer. The technique is not difficult to teach not only to a student, but even to a civil servant or deputy. Anti-corruption examination of documents and management actions is essentially a new subject, a new special course, a new discipline, which has already been introduced into the curriculum of the Higher School of Civil Aviation. The second side of the coin is the problem of creating anti-corruption motivation, anti-corruption ethics, and anti-corruption stereotypes of behavior in students. Of course, as part of the educational process, it is possible to show students the role that parliamentary and public control, the media, etc. play in the fight against corruption. And this must be done. However, the same production practice can help here no less. This problem cannot be solved in one day, but it is completely solvable. For example, I quit smoking forever after we, law students, were taken to the morgue as part of an internship. This is mandatory: after all, the investigator, in addition to other first investigative actions, must be able to approximately determine the date of death. We had a very stern teacher. She made each of us perform a craniotomy and autopsy. So when I held the smoky lungs in my hands, I didn’t want to smoke anymore. It is the same principle that should be used to inoculate students against corruption: in the 1st or 2nd year, take them to the zone, show specific cases of specific people. Who had everything - education, status, but succumbed to the temptation of corruption. Let the students sit with them in the cell for several hours and talk about the future. I'm sure this will act as a preventative.

Leading: The Presidential Decree instructs the Government and the Russian Bar Association to develop federal state standards for higher legal education aimed at developing an intolerant attitude towards corruption among students? Do you think it is possible to develop standards?

Shakhrai S.M.: There are standards for higher legal education. Next year, and perhaps even this year, a new educational standard in jurisprudence will be released. But, oddly enough, there are no professional standards. Neither the prosecutor's office, nor lawyers, nor notaries made them for their future employees. Actually, we are talking about an attempt by the Russian Lawyers Association, with the support of the President and the Government, to create such professional standards. These standards must include strong anti-corruption measures and incentives.

Leading: The Russian Lawyers' Association speaks out for the introduction of a comprehensive program for training lawyers and insists that the modernization of legal education should begin with secondary schools. As far as we know, it is planned to create legal boarding schools in Moscow and St. Petersburg for gifted children from the regions. Will graduates of such schools be able to count on advantages when entering Moscow State University, Moscow State Law Academy, St. Petersburg State University and other status centers of legal education?

Shakhrai S.M.: Such pilot boarding schools should be created, if only to make sure whether they are effective or ineffective. Will they have advantages upon admission? There are no direct ones. It is impossible to include in the Unified State Exam system an option intended for a person who graduated from a legal boarding school. Indirect benefits - yes. Indeed, in leading universities, the majority of applicants receive admission to the university after winning legal Olympiads. Obviously, a student from a legal boarding school has a better chance of winning it and, accordingly, entering a university. Legal boarding schools are a promising thing. Something like incubators from which leading universities and professional legal corporations can draw personnel. Young people show their inclinations very quickly. Someone goes into criminology, someone is attracted to criminal proceedings, someone is interested in corporate law. Someone is finally striving for public service. This can be seen already at the testing stage, olympiads, and so on.

Leading: The Russian Lawyers' Association proposed introducing a system of state procurement and targeted recruitment of law students, as well as allocating quotas for young specialists in leading law schools to improve their qualifications. What would the return of state procurement to the legal education system look like in practice? What quotas are planned to be introduced for young specialists in law schools?

Shakhrai S.M.: Honestly, I don't know. I don’t see how it would be possible to return the state order for the training of lawyers now. We remember that 50% of law school graduates are unemployed. State order for what? How long? It is difficult, even impossible, to calculate this. But departmental or corporate orders can and should be made. As the Chief of Staff of the Accounts Chamber, I am keeping track of employees retiring over the next 2-3 years. I know that I will have graduates from the Higher School of State Audit in 2 years. And there will be 7 vacancies for our graduates to get a job at the Accounts Chamber. They will be able to get there only through a competition, because this is a public service, a good salary, a social package and everything else. The Prosecutor General's Office, the Investigative Committee, and the Bar Association will do the same.

Leading: People with a legal education diploma often get jobs in the legal profession “through acquaintances” - on the recommendations of relatives, acquaintances, acquaintances, etc. In Russia, there is not such a powerful personnel filter as the “unified professional exam for lawyers”, mandatory in many countries Europe. The Russian Lawyers' Association proposed introducing a state qualification exam for the right to engage in certain types of legal activities. Is this proposal supported by the President and the Government?

Shakhrai S.M.: This idea is supported; a form of implementation remains to be found. How do I understand the qualifying exam? Upon graduating from a law school, each student passes a state examination committee. It is necessary to radically improve the quality of knowledge assessment, to introduce a representative of the Russian Bar Association and the public into the commission. In addition, it is necessary to return to the practice of not formal, but substantive presence of representatives of the customer agency in the state commission. That is, those who sit and look: this one, they say, suits me and this one suits me, but this one doesn’t. The qualifying exam itself is an exam that a person with a law degree takes at his place of work. Let's say he came to work at the Accounts Chamber, or at the prosecutor's office, or at the Investigative Committee, or at lawyers, or at notaries. And there, before the expiration of the probationary period, he must pass this exam in front of professionals. Without fail. I think the Russian Lawyers Association should also be present on the departmental examination commission. So that this is not a cabal within the department. If such a practice is introduced, it will immediately smooth out the problem of overproduction of lawyers. It's simple: if you haven't passed the qualifying exam, you haven't become a representative of your chosen profession. This is the qualifying exam that is included in the logic of the Presidential Decree and its instructions to the Government; we are currently working on it. Leading: Will such a procedure be enshrined in law? Shakhrai S.M.:

Leading: Will there be a list of government positions that require legal knowledge to fill? Who will be on this list? Will it cover the heads of executive power of the constituent entities of the Federation, mayors, heads of government, etc.?

Shakhrai S.M.: My answer is this: it is impossible to create such a list, but we must try to create it. I'll explain why. The Russian Lawyers' Association has always insisted that specialized law universities should be taught by candidates and doctors of legal sciences, or at least by specialists in basic legal disciplines. This is also stated in the order of the President to the Government in connection with the Decree “On measures to improve higher legal education in the Russian Federation.” In law faculties and legal departments, for example, in agricultural institutes, teachers with law degrees are indeed a minority. But it is impossible to ensure that all legal disciplines are taught by lawyers. For example, you don’t have to be a lawyer to teach in the criminology department. It is enough to be a good physicist, chemist, etc. It is an equally hopeless task to draw up and formalize a list of positions that can only be filled by lawyers. However, this needs to be fixed in a recommendatory manner. Moreover, you should try to create a broad list of recommended positions, to fill which you need to have two degrees - legal and economic. And this is exactly what should be mandatory for the top of the executive branch - governors, ministers, etc.

Modern legal education is often criticized.

Nevertheless, the needs of Russian society for professional lawyers, and simply for legally competent persons, will increase over the years in the course of further economic development.

The most important factor in training lawyers in market economic conditions is the quality of legal education. It is possible to trace the relationship between education and professional competence of a future lawyer.

The quality of legal education is mediated by educational standards, qualified teaching staff, and the material and technical base of the university.

Traditional ideas about the quality of education have formed in Russian higher education.

Classical legal education in Russia has historically developed as a fundamental branch of theoretical university education and science.

The fundamentalization of knowledge became a hallmark of education during the Soviet period, which was considered one of the best in the world.

The organization of the training system for lawyers in the USSR included a wide range of specialist training. Particular attention was paid to the fundamentals of economics, management science, and sociology.

The educational process also involved specializations, the main of which were considered state law, criminal law, as well as specialization in economic legislation, which is necessary for a graduate to work in the national economy.

At the same time, the theoretical education of a specialist was defined as the foundation that allows the future lawyer to organically and painlessly move on to any applied cycle. The fundamentalization of knowledge was the basis of the special training of a lawyer.

One of the main criteria for assessing the quality of training of lawyers was and remains the ability to independently acquire knowledge and use it in practice.

The intensive development of public relations and constant updates of the market in modern conditions are becoming much richer than the legal schemes laid down in regulations. The practical activities of lawyers are influenced by economic changes, which should be able to be correlated with a specific legal situation. The importance of an integrated approach in solving assigned problems is increasing.

A modern lawyer is an active, active specialist with skills in working with information systems with good economic, legal and economic and managerial training.

The organizing influence of public administration, dominant in the conditions of the Soviet state, influencing the characteristics of administrative and legal regulation in all sectors of the economy in market conditions is losing its significance. Lawyers receiving education in administrative law or criminal law specializations, having not found work in their profile, cannot compete with lawyers who have enhanced civil law (economic) training.

The complex nature of the scope of application of lawyers' skills in the modern economy determines the need to correlate the fundamentalization of generalists with special training for the practical application of theoretical knowledge.

Special training in the field of business legislation should include applied courses. Thus, at the Omsk Economic Institute for civil law specialization, training courses have been organized on “Labor Disputes”, “Banking Law”, “Corporate Law”, “Securities”, “Insurance Law”. Most of these training courses are part of a variable cycle of professional disciplines. They combine an interdisciplinary approach in the study of legal and related sciences (economics of industries, fundamentals of management, etc.). In reality, the requirements for legal work come down to the need to adapt to the characteristics of each type of business activity and specific organization.

The specialist is faced with not only legal, but also economic and managerial problems; their close connection is increasingly evident in the practical activities of a lawyer.

To a large extent, the content of training of lawyers is influenced by the system of law enforcement practice, the correct understanding of which determines the quality of understanding of the features and properties of law.

In the educational process of the Omsk Economic Institute, great importance is attached to the study of materials from judicial practice. For example, the department of civil law disciplines has developed a special course “Labor Disputes”. Its relevance is due to the growing importance in the life of society and the development of the economy of the legal regulation of labor relations. Students studying the academic discipline “Labor Disputes” is necessary for successful professional activity, effective organization of work, and ensuring the protection of the rights and interests of participants in labor relations. The student must master not only the theoretical foundations of the legal regulation of labor, but also know and be able to apply the norms of labor legislation.

It is traditionally believed that civil cases arising from labor relations are cases of increased complexity, due to the severity of the labor conflict, the complexity of its actual composition, the inconsistency of the evidence base, and sometimes the ambiguity of the application of legal norms (since labor legislation is the subject of joint jurisdiction of the Russian Federation and its subjects, then legal regulation of labor relations is carried out at the level of laws of the subjects of the Federation).

The main directions of study of the “Labor Disputes” course are of an applied nature and are determined by modern trends in the field of education.

The objectives of this training course are to teach students:

Understanding the basics of legal regulation of relations in the field of labor disputes in the Russian Federation;

Ability to identify trends in the development of legislation and law enforcement practice in this area;

Formation of skills in legal actions to protect labor rights;

Application of knowledge previously acquired in the learning process;

Develop the skill to correctly apply the rules of substantive and procedural law;

Develop skills in legally competent formulation and presentation of the circumstances of the case, correctly use special legal terminology;

Develop skills in drafting procedural documents;

Contribute to the professional development of the student.

The objectives of the course “Labor Disputes” are: students’ mastery of the rules of legal technique in the preparation of civil procedural documents; training in the correct application of procedural and substantive law in their preparation.

The condition for successfully mastering the discipline “Labor Disputes” is the following level of student preparation:

In the field of knowledge: the basic provisions of branch legal and special sciences, the essence and content of basic concepts, categories, institutions, legal statuses of subjects, legal relations in various branches of substantive and procedural law: administrative, civil, civil and arbitration proceedings, labor law.

In the field of ability, skill: to operate with legal concepts and categories; analyze legal facts and legal relations arising in connection with them; analyze, interpret and correctly apply legal norms; correctly draft and execute legal documents; work with legal acts.

Understanding the materials of the “Labor Disputes” course is based on the provisions and conclusions of disciplines included in the humanitarian, social, economic, as well as information and legal cycles: “Philosophy”, “Economics”, “Professional Ethics”, “Information Technologies in Legal Activities”. An important role in mastering the course material is also played by disciplines included in the professional cycle, the study of which precedes, according to the curriculum, the study of the discipline “Labor Disputes”: “Theory of State and Law”, “Constitutional Law”, “Administrative Law”, “Civil Procedure”, "Labor Law" and others.

The requirements for the results of mastering the discipline “Labor Disputes” are determined by modern trends in the labor market. Thus, as a result of studying this discipline, students should

Basic concepts and legal phenomena studied in this course, learn to analyze them taking into account the tasks being solved;

Sources of industry legal regulation, features of their application in the course of professional activities;

Norms of the Civil Procedure and Labor Codes of the Russian Federation;

The specifics of procedural documents, their types and the procedure for drawing up, regardless of the area of ​​legal activity in which the acquired knowledge will be implemented;

Analyze the content of specific labor relations based on the application of regulations,

Draw up procedural documents related to the resolution of labor disputes (statements of claim, reviews, applications for appealing orders of the State Labor Inspectorate), etc.,

Independently update legal knowledge in the conditions of economic and political life of society,

Find, analyze and apply relevant standards;

Formulate your thoughts legally correctly and correctly use special legal terminology;

Possess the skill of applying current labor legislation.

As a result of studying the training course “Labor Disputes”, students comprehend the features of the formation, functioning and development of labor law in modern conditions; gain knowledge of the basic theory and practice of rule-making and implementation (application) of the norms of current labor legislation; master modern approaches to the rights of employees and employers, the role of the state in the sphere of labor.

The listed educational results are the basis for the formation of the following competencies of students, the direction of preparation “Jurisprudence”:

general cultural

Able to construct written speech logically, logically, and clearly (OK-4);

Has a culture of behavior, is ready to cooperate with colleagues, work in a team (OK-5);

Able to analyze socially significant problems and processes (OK-9);

professional

in rule-making activities

Able to participate in the development of regulations in accordance with the profile of his professional activity (PC-1);

in law enforcement activities

Able to ensure compliance with legislation by subjects of law (PC-3);

Able to legally correctly qualify facts and circumstances (PK-6);

Possesses the skills of preparing legal documents (PK-7);

in law enforcement

Able to correctly and completely reflect the results of professional activities in legal and other documentation (PC-13).

It is difficult to doubt the significance of these competencies for the practical work of a lawyer.

It is also no secret that the traditionally broad profile of lawyers’ training allows them to use elements of managerial work in practice.

Today, specialist managers, most of whom have a legal education, play a large role in state and municipal administration. Applied activities in management require an effective combination of legal and economic knowledge, which, in our opinion, should be reflected in the curricula for the training of lawyers. Making economically optimal decisions requires providing the necessary economic and managerial skills, which are constantly growing in modern conditions of legal regulation of economic activity.

The solution of large projects and their legal support is already unthinkable without a general understanding of the management system, the structure of the economy, and the influence of various economic factors on the development processes of the organization.

In market economic conditions, the traditional roles of a legal entity in the public administration system are being modernized, increasingly introducing new substantive elements into it.

It is necessary to take into account the diversification of the activities of business entities and corporations that can operate in various areas of business (forwarding services, cargo transportation, leasing activities, banking sector, etc.). The specifics of the corporation's activities require taking into account the specifics of its legal support (taxes, work with administrative structures, customs authorities); specialization of legal skills and knowledge is necessary, adapting them to the needs of a particular organization.

Here it is important to take into account the specifics of a lawyer’s work, which requires from a modern specialist not only knowledge of civil law, social security law, etc., but also management training.

Therefore, I consider it appropriate to introduce into the educational process of training a lawyer the discipline “Legal Service of the Corporation”, which includes the basics of organizing the work of the legal department, the distribution of powers of lawyers, and relationships with other structural divisions of the organization.

The areas of activity of a business lawyer consist of certain types of legal relations with the participation of modern organizations, which can be divided into internal and external. Internal relations acquire development through the influence of civil and labor law norms on them (conclusion of a constituent agreement between founders, employment contracts with employees, development and implementation of internal labor regulations of the organization, rules of corporate ethics). External relations can be of both civil law (conclusion of civil contracts) and public law nature (accounting and tax reporting, control and supervision of government bodies, judicial protection of rights, customs regulation).

The training course “Corporation Legal Service” will allow you to combine management training and intersectoral legal training in the educational process.

In conclusion, I would like to note that the structure of the educational material and its content should guide the student on how and what information should be obtained to understand a particular issue. In other words, he must be ready to independently master new knowledge, acquire skills and abilities, which will allow him to adapt to the constantly changing demands of the labor market.

Bibliography

1. Dagel P.S., Ovchinnikov N.I., Reznichenko I.M. Model of a lawyer // Jurisprudence. - 1976. - No. 4. - P. 82 - 89.
2. Egorov N.S. Soviet Constitution and legal education // Bulletin of Higher School. - 1978. - No. 12. - P. 4-15.
3. Kirillov A.A. On the training of lawyers for the modern economy // Legislation and economics. - 2009. - No. 6. - P. 17-23.
4. Ostapenko D., Tatarsky A. Lawyers for the national economy // Economy and Law. - 1980. - No. 7. - P. 36-38.
5. Essays on the history of legal scientific institutions in the USSR / ed. ed. V. M. Kuritsyna, A. F. Shebanova. - M.: Nauka, 1976. - 116 p.
6. Yakushev V.S. Economic and legal specialization in law schools (supplement to the curriculum) // Jurisprudence. - 1978. - No. 2. - P. 86-93.

Experts assess Russian vocational education and training of qualified personnel in their current state as problematic and in crisis, which is largely due to the connection of these processes both with global trends in the development of modern society and with the Russian characteristics of its development.

From the article you will learn:

• What are the current problems of professional training;
• What ways exist to solve problems of personnel training;
• What cost items include training costs?

The current situation in the vocational education system, according to experts, is explained by the main problems of professional training. Let's look at them below.

Problems of personnel training and skills shortages

The first problem is associated with sharp deformations in the structure and volume of personnel training, which clearly do not correspond to the real needs of the labor market. It should be noted that the relevant issues for the Russian labor market are not so much labor shortages as a general shortage of labor, but rather skills shortages.

At the same time, issues of labor supply are becoming particularly acute. Vocational education institutions graduate 1.5 times more specialist technicians and 5 times fewer qualified workers than is required for the national economy. Taking into account the fact that only 5 percent of the total number of workers with higher qualifications remains in our country (for comparison: in the USA - 43 percent, Germany - 56 percent, and in Japan - over 75 percent).

At the same time, the average age of skilled workers is close to pre-retirement age - 54 years, and in the coming years (approximately 5-7 years) the personnel sector of domestic production may face severe crisis phenomena. In this regard, unfortunately, we can only state that the shortage of qualified workers in the labor market is becoming a serious obstacle to the further development of the country.

Problems of personnel training and ways to solve them

Problems of the effectiveness of training qualified personnel, increasing labor productivity, solving problems and issues of management in industries and cooperation between enterprises and universities are becoming especially relevant. The problems of personnel training, according to experts in the field of economics, have even worsened in connection with Russia's accession to the World Trade Organization. Either Russia by 2020 will become another raw material appendage of developed countries, or our country will be able to regain its worthy position in global scientific and technological development. This will become possible provided that the problems voiced here begin to be addressed consistently and correctly at the state level.

One of the key problems in the existing personnel training system is the isolated state of high-tech production and higher education, while only the integrity of this system can meet the needs of Russian industry. However, no one even tries to fill the vacuum between knowledge and modern industrial production technologies. At the same time, universities involved in training technical personnel have their own problems recruiting young people for previously prestigious specialties, and a significant part of students do not at all connect their work with the profession acquired in educational institutions. There is a need for urgent measures to change the current situation.

Critical mismatches in the labor market exist between employers, workers and the existing education and training system. Employers require workers to have high-level qualifications, while offering difficult working conditions and low wages, and workers, having poor special training, greatly overestimate their importance.

We recently talked about what documents you need to prepare if you are planning to improve the qualifications of your staff in one of the materials.

How to solve the problem of staff shortages

The first steps towards solving problems in personnel training should be the creation of highly productive jobs. Among the priorities are the training of competitive personnel who can compete at the global level and the development of high-tech engineering production. Business and educational institutions must unite and begin to systematically solve personnel problems through joint efforts.

The simplest approach to explaining the shortage of qualified personnel is to say that all the reasons are in the insufficient number of trained specialists. But the current situation is actually much more serious. In modern enterprises, the processes of education and training must be continuous, based on a system of generally accepted professional standards.

University programs and programs of secondary vocational education institutions today are built without taking into account the real requirements of production, which leads to contradictions between the expectations of employers and the capabilities of graduates. This is due to the lack of infrastructure for personnel selection and job search that would take into account the practical specifics of production. Most Internet sites and recruitment agencies are in practice unable to create conditions for the effective employment of professional workers, site managers, workshop and shift managers, and production managers.

You may find the material from the HR Director electronic magazine useful on this topic: “”

How professional standards will help in solving the problem of professional training

The lack of uniform requirements for the professional knowledge and skills of qualified specialists is the basis of the problems of personnel training. And without generally accepted requirements, it is impossible to conduct personnel certification, determine the priorities of training programs, and plan an employee’s career. It is necessary to create a system of professional standards that will consolidate the list of necessary knowledge, skills and abilities of a modern specialist. With the help of professional standards, educational standards, training programs, and personnel assessment procedures will be determined.

The project of creating visiting departments at enterprises, where the training of specialists could be carried out directly at the workplace without interruption from production, is worthy of special attention. Also of great interest is the experiment with the introduction of a contract system for training engineering workers using the “university-student-enterprise” scheme. An equally important point is the development of social support factors for future engineers and workers. Thus, highly qualified workers in high-tech industries must have their jobs preserved during their military service.

It is necessary to identify the main breakthrough technologies during the transition to the technological vector and develop a program for professional training and retraining of qualified personnel in these areas. In addition to the program, it is necessary to develop a plan of public events to promote workers and engineers and systemic motivations.

The training and development of human resources specifically in high-tech industrial sectors (aviation, radio-electronics, shipbuilding, etc.) and their supporting industries should become priorities of the state personnel policy.

Employers' costs for training

These are the costs of enterprises and companies for education and training in order to achieve high results in the work of trained and educated workers. It is this aspect – achieving high results in the work of professionally trained, qualified employees that interests the managers of enterprises and firms in the first place. At the same time, every business owner always mentally weighs on invisible scales the costs of training and the likelihood of benefits brought by well-trained personnel.

Education and training: balance of interests
Company benefits:	Company costs and risks
Development of creative approaches in work among staff Stimulus for generating new ideas Training the mind and memory of workers Universalization of employees, the ability to combine jobs in the future The company's processing of third-party experience Positive change in staff behavior Increasing employee loyalty	Training expenses Risk of poor-quality or inappropriate training Lack of return on employee training Disinterest of workers in training Inability to apply the knowledge and skills acquired during training in work Risk of losing trained employees

You will find even more interesting materials on the topic in the “HR budget” section of the site.

Many employers, despite the existing risks, still consciously go to the expense of training the personnel of their enterprise. This choice is associated with the understanding that the costs of training are natural and employers and company owners, in fact, have no other way to constantly improve the company’s employees and adapt the business to constantly changing market conditions. Ultimately, saving on education, training and retraining of personnel inevitably leads to excessive conservatism, narrow-mindedness and reluctance to change anything. And this is a direct path to stagnation in work, loss of competitiveness and bankruptcy.