Explanation of the principles of selection. Principles of legal interpretation
Strengthening the rule of law and order, protecting the rights of citizens, the interests of society and the state require the precise and correct application of norms, which is impossible without understanding the socio-political situation, the conditions that caused its publication, the meaning of the law, and without understanding its goals.
The essence of interpreting a criminal law is to understand the content of the law in order to apply it in strict accordance with the will of the legislator.
This is understood as defining its content, identifying its meaning, and explaining the terms used by the legislator.
Interpretation ensures uniform application of criminal law norms and helps eliminate shortcomings in the criminal law.
The interpretation of criminal law is divided into types depending on the subject of interpretation, on the methods and scope of interpretation.
Depending on which body interprets the law, it differs in subject matter, which determines the degree of its binding nature. By subject, interpretation is divided into:
1. Authentic interpretation - it is an explanation of the meaning of the law coming from the body that adopted it. Only the Federal Assembly of the Russian Federation has this right. The interpretation it gives is generally binding for all state bodies and citizens.
2. Legal interpretation characterized by the fact that an explanation of the law is given by a government body authorized by law. Currently, such a body is the State Duma of the Russian Federation. In the case of interpretation of a criminal law by the State Duma, the legal interpretation essentially coincides with the authentic interpretation, which is one of the forms of legal interpretation. Decisions made by the State Duma on the interpretation of criminal law norms essentially mean the adoption of a new law equal in force to the criminal law.
The legal interpretation is mandatory for all authorities and persons applying the criminal law, in respect of which an appropriate explanation has been given.
3. Judicial interpretation given by any judicial authority when applying criminal law in the process of considering specific criminal cases. This type of interpretation also includes the guiding decisions of the Plenum of the Supreme Court of the Russian Federation.
The interpretation of criminal law when considering a specific criminal case and for a specific case by a judicial authority is called casual interpretation.
All of the above types of interpretations relate to the so-called official interpretation.
Unofficial types of interpretation include: scientific (doctrinal), professional, everyday.
1. Scientific (doctrinal) is an interpretation that is carried out by scientists, highly qualified lawyers in textbooks on criminal law, commentaries on the law, scientific articles and monographs. Such interpretation, although not binding, contributes to the correct understanding of the law, as well as its application.
2. Professional interpretation- this is the interpretation given by lawyers on various issues of application of criminal law. Such an interpretation is not only non-binding, but also does not entail any legal consequences. This interpretation essentially helps to understand the meaning embedded in the criminal law norm.
3. Ordinary interpretation- this is an interpretation carried out at the everyday level by any non-professional participant in legal relations.
According to the methods (techniques), interpretation can be grammatical, systematic and historical.
1. Grammatical interpretation consists in understanding the content of the law by correctly understanding the terms and concepts from the grammatical, syntactic and etymological (meaning and meaning of individual terms, words and concepts used in the norm of the law) sides.
2. Systematic interpretation consists in understanding the meaning of a particular legal norm by comparing it with other criminal law norms, as well as in establishing its place in the general system of current criminal legislation, distinguishing it from other laws that are similar in content.
3. Historical is an interpretation, which comes down to elucidating the circumstances and reasons that led to the adoption of the criminal law, as well as the tasks facing it in the process of its application, comparing the current criminal law norms with their previous analogues.
According to the scope, which depends on the range of acts covered by the criminal law, the interpretation is divided into: restrictive, general and literal.
1. Restrictive is an interpretation in which the content of a law is given a narrower meaning than is covered by the literal text of this law.
2. Distributive (expansion) interpretation is recognized, as a result of which the law is given a broader meaning than is literally defined directly in its text.
3. Literal interpretation is the interpretation and clarification of the meaning of the content of the law in strict accordance with the text. This type of interpretation is the most common in practice.
Types of interpretation of criminal law
Under interpretation of criminal law is understood as the clarification and explanation of the content of criminal law norms, based on the use of certain techniques (methods). It is necessary both for the citizens to whom it was originally addressed, and for government officials with the right to apply it. As experience shows, even in cases where a particular provision of the criminal law (CC) at first glance looks quite clear and understandable, in connection with the practical situation that has arisen, an in-depth analysis is required in order to correctly apply the criminal law. The purpose of interpretation is twofold: on the one hand, it is to understand the meaning of the norms of the criminal law, and on the other, to clarify it for other persons (law enforcement officers, citizens).
There are interpretations:
- by subject;
- by techniques (methods);
- by volume.
Depending on the subject, which interprets the law, the law can be legal, judicial and doctrinal (scientific). Legal (or authentic) refer to the interpretation that comes directly from the legislator. As an example, notes to articles of the Criminal Code are usually given, containing definitions and explanations of certain terms. These are, for example, the note to Art. 139, explaining the concept of “dwelling”, note to Art. 285, defining the concept of “official”.
However, such provisions included directly in the Criminal Code can, with great reserve, be classified as legal interpretation. Rather, they form an internal component of the criminal law. As for the legal interpretation of the law, one should keep in mind the position of the Constitutional Court of the Russian Federation, set out in Resolution No. 17-P of November 17, 1997 “In the case of verifying the constitutionality of resolutions of the State Duma of the Federal Assembly of the Russian Federation of July 21, 1995 No. 1090-1 GD "On some issues of application of the Federal Law "On Amendments and Additions to the Law of the Russian Federation "On the Status of Judges in the Russian Federation" and dated October 11, 1996 No. 682-I GD "On the procedure for applying paragraph 2 of Article 855 of the Civil Code Russian Federation"": the legislator should strive for a clear and unambiguous statement of the meaning of the law directly in itself, and not resort to interpretation of the current law by issuing new normative legal acts.
According to the Constitution of the Russian Federation, the Constitutional Court of the Russian Federation is authorized to interpret the content and meaning of normative regulations from the standpoint of their compliance with the norms of the Constitution. In this regard, sometimes in the literature such interpretation refers to the legal form. However, rather, it represents another type of interpretation - judicial, and it is not accepted in Russian criminal law to give a truly legal (authentic) interpretation of the criminal law.
Judicial interpretation represents the interpretation of the provisions of the law directly by the court authorized to administer justice in criminal cases. Three types of judicial interpretation can be distinguished: a) interpretation given by the Constitutional Court of the Russian Federation, which is mandatory for all government bodies, organizations and individuals; b) interpretation of the criminal law in relation to the circumstances of a particular criminal case by the court considering it (first, cassation, appeal, supervisory instances); c) interpretation made by the Supreme Court of the Russian Federation on the application of norms, institutions and other provisions of the Criminal Code in accordance with Art. 126 of the Constitution of the Russian Federation.
A clear example of the interpretation of criminal law by the Constitutional Court of the Russian Federation contains Resolution No. 4-P dated April 20, 2006 “On the case of verifying the constitutionality of part two of Article 10 of the Criminal Code of the Russian Federation, part two of Article 3 of the Federal Law “On the Entry into Force of the Criminal Code of the Russian Federation” " and a number of other federal laws concerning the procedure for bringing court decisions into compliance with the new criminal law, eliminating or mitigating liability for a crime, in connection with complaints from citizens A.K. Aizhanov, Yu.N. Alexandrov and others.”
The interpretation of the criminal law, which the court carries out when considering a specific criminal case, is intended to ensure the correct application of its norms to a specific case. Therefore, it has significance mainly in connection with sentencing and is called casual(from the word “casus” - case).
Of much greater practical significance is the interpretation given by the Plenum of the Supreme Court of the Russian Federation in its decisions in the form of explanations on the application of individual articles, institutions and other provisions of the Criminal Code. These clarifications are based on a generalization of judicial practice and are addressed to courts and other law enforcement agencies, taking into account the analysis of the mistakes they make. According to Art. 126 of the Constitution of the Russian Federation, the Supreme Court of the Russian Federation has the right to give the courts “clarifications on issues of judicial practice”, but the mandatory nature of these clarifications has not been established.
The opinion has been expressed that decisions of the Supreme Court of the Russian Federation on specific criminal cases or formulated in the resolutions of its Plenum actually play a role precedent. Of course, we are not talking about a precedent in its classical sense (as a court decision of a higher authority, binding on all lower courts), but about some semblance of it: a Russian court does not have the right (and certainly not the obligation) to refer to a decision when considering a specific criminal case Supreme Court of the Russian Federation, containing the interpretation of a specific criminal law norm. However, beyond any doubt, knowing about such an interpretation, the judge can and should “keep it in mind”, wanting to accurately understand the meaning of the criminal law norm to be applied. Taking into account the importance of judicial interpretation by the highest court, “it would be nice if in the future judges could officially refer in their verdict to the decisions of the Supreme Court of the Russian Federation precisely as a precedent for the interpretation of the criminal law norm they apply, of course, after referring to the legal norm itself.”
Doctrinal (scientific) interpretation is the interpretation of the content of the criminal law by specialists in the field of jurisprudence - scientists. As a rule, it is not official and is contained in educational and scientific literature, as well as in comments to the Criminal Code.
Depending on the method of interpretation The following types are distinguished: grammatical, logical, historical, systematic. In fact, in the process of understanding the content (meaning) of the criminal law, they are applied in the system.
Grammar interpretation is based on understanding the meaning of the norms of criminal law, taking into account the rules of grammar and syntax - the meaning of individual words, terms, methods of constructing text, the use of punctuation marks, etc. A striking example of grammatical interpretation is the phrase “execute cannot be pardoned,” since depending on the place of the comma its meaning radically changes. This type of interpretation is most often used when analyzing the text of a law; it is used as if automatically immediately upon reading it, but sometimes there is a special need for it (for example, if it is necessary to clarify the meaning of a new term, the relationship between words). In this case, specialists in the field of linguistics may be involved to understand the content of the legal norm.
Logical is called interpretation, which is based on the laws of formal logic. Often, without using this method of interpretation, the textual (literal) meaning of the law looks rather absurd. Thus, the articles of the Criminal Code often use the expression “for the purposes of”, although in fact we are talking about a single criminal purpose (for example, Art. 127", 281, 309). Logic dictates that an obvious grammatical mistake has been made here, and it is absurd to look for what There is a special meaning in this phrase: except for the one named in the article, another goal is excluded as a sign of a crime.
At systematic In interpretation, the criminal law norm is compared with other norms of the General or Special Part of the Criminal Code, as well as with the norms of other branches of law. This is especially important for understanding the meaning of articles of the criminal law that have blanket or reference dispositions. The true content of a criminal law norm can often be revealed only in comparison with the norms of other articles of the Code (with a reference disposition) or with the provisions of regulatory legal acts of another industry (with a blanket disposition). For example, Art. 171 “Illegal entrepreneurship” is entirely based on the provisions of federal legislation and other regulatory legal acts regulating business activities, and without their use the content of the criminal law prohibition cannot be correctly understood.
Often, grammatical, logical and systematic methods of interpretation are used together. This is exactly what the Constitutional Court of the Russian Federation did in the case of checking the constitutionality of Part 2 of Art. 10 of the Criminal Code and Part 2 of Art. 3 of the Federal Law “On the Enactment of the Criminal Code of the Russian Federation” in relation to clarifying the meaning of the term “limits of punishment”, indicating in Resolution No. 4-P of April 20, 2006 that in this case we mean both upper and lower the limit of punishment established in the sanctions of the article of the Special Part of the Criminal Code, and not one (lower) limit. As a result, the possibility of applying the rule on the retroactive effect of criminal law in practice has significantly expanded.
Historical is called an interpretation in which an article of law (criminal law norm) is analyzed in a retrospective aspect, i.e. taking into account the social situation of its adoption, which determined the immediate goal set for it, the provisions of previously existing (repealed) legislation that provided for the corresponding regulatory provision. Thus, initially, the establishment of criminal liability for theft of someone else’s property “with penetration into a home” (Articles 89, 144 of the Criminal Code of the RSFSR of 1960) was caused by the desire to strengthen the criminal legal fight against residential burglaries. Therefore, giving a broader meaning to the term “dwelling” by referring to it as outbuildings, cellars, barns, garages and other premises separate from residential buildings that are not used for human habitation, in a historical context is a deviation from the original meaning of the criminal law.
By volume interpretation is usually divided into literal, restrictive, expansive. The first of them is an interpretation of the meaning of the criminal law in strict accordance with its letter, without deviating from the generally accepted understanding of the terms and concepts used in it. In principle, given the repressive nature of criminal law, the provisions of criminal law, as a rule, should be interpreted literally.
Two other techniques (methods) of interpretation can be used when the legislator has given a broader or, conversely, narrower meaning to a criminal law norm than directly follows from the text of the criminal law. In this regard, it should be noted that the acceptability of a broad (distributive) interpretation of the criminal law raises serious doubts, since it unreasonably expands the scope of criminal legal repression. If a literal and restrictive interpretation of the criminal law is necessary for the interpretation of criminal law norms, then a broad interpretation, based on the essence of criminal law, should not be characteristic of it. Thus, Roman jurists developed the rule “criminal law should not be interpreted broadly.” In the criminal legislation of some foreign countries, this provision has been elevated to the rank of a norm of law (for example, Article 111-4 of the Criminal Code of France, Article 4 of the Criminal Code of Spain). And this has a deep meaning: the limits of the use of criminal repression should not be expanded due to the interpretation of the provisions of the law by the court, prosecutor, investigator; only the legislator has the authority to give the law a broader meaning than before by changing it textually. Therefore, a broad interpretation of the criminal law can only be used on the condition that with its help the limits of criminal repression are not expanded, but narrowed (the position of the person brought to criminal liability is improved).
1) How do air temperature and atmospheric pressure change with the altitude above sea level?
Air temperature and pressure drop with altitude.
2) How does the sequence of zones change when going up into the mountains: the same as when moving along the plain - from north to south - or from south to north?
The sequence of zones when ascending the mountains changes in the same way as when moving along the plain from south to north.
Questions in a paragraph
*Determine in which mountains of Russia the altitudinal zones are most fully represented, explain this.
The belts are most fully represented in the Caucasus Mountains, this is explained by their southern position.
* What is altitudinal zonation?
Altitudinal zonation, altitudinal zonality - a natural change in natural conditions, natural zones and landscapes in the mountains as the absolute height (altitude above sea level) increases. Do you think altitudinal zonation is a deviation from the norm or a confirmation of the law of latitudinal zonation?
Questions at the end of the paragraph
1. Why does the change in natural conditions in the mountains occur vertically and manifest itself more sharply than on the plains?
The change in natural zones in the mountains occurs more abruptly than in the plains, since natural conditions change faster.
2. What altitude zones predominate in the Russian mountains? What areas of the world can they be compared to?
The mountains of Russia are dominated by taiga, tundra zones and arctic desert zones. They can be compared to the northern regions of Eurasia and North America.
3. What determines the set of altitude zones?
The set of altitude zones depends on the geographical location of the mountains.
4. If in the north of the Russian Plain there were mountains higher than the Caucasus, would they be richer in the number of altitudinal zones?
The high mountains in the north of the Russian Plain would not be richer in the set of belts of the Caucasus.
5. How do mountains affect human life and health?
With the height of the mountains, individual components of nature and the entire natural complex change. As you rise upward, the air temperature decreases, the amount of precipitation increases (especially on the windward slopes of the mountains), and the air humidity changes. All this affects the characteristics of the soil cover and the organic world. Compared to the plains, the mountains have their own “nature calendars” - the timing of the development of plants, both cultivated and wild. Life in the mountains is subject to the course of natural processes. The way of life of the people, their clothing, and traditional activities are different here.
The “press” of nature in the highlands, that is, on the highest mountain “floors,” is felt by everyone: permanent residents, observers at weather stations, mine workers, and climbers. It is colder here, atmospheric pressure is lower, there is less oxygen, more ultraviolet rays. Even cars feel the specific climate of the sky: the boiling point of water, the proportions of the combustible mixture in engines, and the properties of lubricating oils change with altitude.
FINAL ASSIGNMENTS ON THE TOPIC
1. Prove that a natural area is a natural complex.
Both natural zones and natural complexes have a unity of natural components. When natural conditions change, both natural complexes and natural zones change.
2. Which Russian scientist was the founder of the doctrine of natural zones?
Vasily Vasilievich Dokuchaev
3. Name all the natural zones of Russia. Prove that they are placed regularly.
On the territory of Russia there is a change from north to south of the following natural zones: arctic deserts, tundras, forest-tundras, taiga, mixed and broad-leaved forests, forest-steppes, steppes, semi-deserts. Almost all zones of our country stretch for thousands of kilometers from west to east, and yet throughout their entire length they retain significant common features determined by the prevailing climatic conditions, the degree of moisture, soil types, and the nature of the vegetation cover. Similarities can also be seen in surface waters and modern relief-forming processes.
4. Name the treeless zones of our country. Where are they located? What are their similarities and what are their differences?
Treeless zones are arctic deserts, tundra, steppes, deserts and semi-deserts. Arctic deserts and tundra are located in the Arctic and subarctic zones, in the northern regions. The steppe zone, deserts and semi-deserts are located in the southern regions. Their similarity is the absence of woody vegetation. The differences are that the reason for treelessness in the northern regions is the harsh climate, in the southern regions it is due to insufficient moisture.
5. Which natural zone of our country occupies the largest territory? Find within its boundaries areas that have different natural conditions and think about what explains this.
The taiga zone is the largest natural zone in Russia. In different areas of the vast taiga zone, many natural conditions are different - the overall severity of the climate, the degree of moisture, mountainous or flat terrain, the number of sunny days, and the diversity of soils. Therefore, the coniferous trees that form the taiga are also different, which, in turn, changes the appearance of the taiga in certain areas. Dark coniferous spruce-fir forests predominate in the European part of the zone and in Western Siberia, where they are joined by pine forests. Most of Central and Eastern Siberia is covered with larch forests. Pine forests grow everywhere on sandy and gravelly soils. The forests of the Far Eastern Primorye have a very special character, where on the Sikhote-Alin ridge the usual conifers - spruce and fir - are joined by such southern species as Amur velvet, cork oak, etc.
The zone of mixed and broad-leaved forests has the greatest productivity. It has fertile soils, sufficient moisture, and rich flora and fauna.
8. Determine what natural zone we are talking about if the following grows in it:
A) dwarf birch, dwarf cedar, moss;
B) larch, cedar, birch, aspen, alder. Name the soils and typical animals characteristic of both zones.
A) tundra. Animals – reindeer, arctic fox, goose, goose.
B) mixed forests. Animals – elk, roe deer, hares, foxes, badgers, lynxes, black grouse, partridges.
9. Name the optimal natural conditions necessary for successful farming. In which natural area do you know such conditions exist?
Favorable thermal conditions, sufficient moisture, fertile soils. The thermal regime of the zone of mixed and deciduous forests and the degree of its moisture content are favorable for agriculture. Soddy-podzolic and gray forest soils are characterized by high fertility.
11. Practical work No. 10. Explanation of the principles of identifying large natural regions on the territory of Russia. Compare the map diagram (Fig. 81) with the physical and climatic maps of Russia in the atlas.
What natural boundaries do the boundaries of natural areas coincide with?
The boundaries of natural areas coincide with the boundaries of large landforms.
Do climate indicators influence the drawing of boundaries?
Climatic indicators also influence the drawing of boundaries.
Draw a conclusion about which components of nature are the most important when zoning a territory.
The main components of nature when zoning a territory are relief and climate.
Tasks:
Make a description of the nature of one of the natural zones of our country;
Identify what natural resources this area is rich in;
Make a forecast of changes in the natural environment with intensive use of the resources of a given natural zone.
Task 1. Write a description of one of the natural areas (of your choice) using this plan:
Geographical location, borders.
Relief.
Climate.
Inland waters.
Soil.
Flora world.
Animal world.
Task 2. Using the atlas maps, determine what natural resources this natural area is rich in. The resources of a natural zone include mineral resources mined within its boundaries, forest (the presence of a large amount of industrially suitable timber), water (the presence of large rivers suitable for use in human economic activity), biological (the presence of commercial fish, fur-bearing animals, etc. .), recreational (used for human health and recreation - warm climate (resorts), healing springs and mud (health), large rivers, mountains (creation of sports centers, recreation centers, ski slopes).
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Task 3. Make a forecast about the change in the appearance of the natural zone you characterize if the resources of this zone begin to be intensively used by humans. Justify the answer. Suggest how the resources of a natural area can be used with the least destructive impact on it.
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Task 4. Using the atlas of the Kemerovo region, determine which natural zones are located on the territory of the Kemerovo region. Within what natural zone is our settlement located? What natural resources does it have? Based on your own observations, describe how the appearance of a natural area changes under the influence of human economic activity.
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Practical work No. 13
Explanation of the principles for identifying large natural regions within the country. Identification of smaller components within them based on striking, specific features of geographical location, nature, natural resources and conditions for their development, environmental problems. Characteristics of the interaction between nature and society using the example of one of the natural regions
Tasks:
Identify the principles on the basis of which the natural zoning of our country is compiled;
Task 1. Based on additional information and textbook materials, highlight which regional units are accepted in physiographic zoning. Write down their definitions. Give examples of the largest natural complexes identified on the territory of our country.
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Task 2. Using the additional material provided, explain for what purposes knowledge about the physical and geographical zoning of the country is used.
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Task 3. Using the textbook material, give examples of anthropogenic PTCs. What anthropogenic PTCs can be identified near our settlement?
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Additional material
The enormous extent of Russia from north to south and from west to east has determined the great diversity of its nature. When considering the various components of nature, their spatial heterogeneity, relationships and interactions between them are clearly visible, which resulted in the isolation of various natural territorial complexes (NTC) on the territory of Russia. Therefore, for a deep knowledge of the nature of the entire country, the study of individual components and their spatial combinations is required, i.e., a mandatory consideration of various PTCs in comparison.
Basictaxonomicunits. Until now, the question of the taxonomic position of the country and zone remains difficult.
Zone in a broad sense representsis an area of predominance of landscapes of one type(tundra, forest, forest-steppe, desert, etc.). In order for landscapes of the same type to form throughout its entire space, the zone must have some common features.
The main object of study in the course of physical geography of Russia is the physical-geographical country - a large natural territorial complex that occupies a key position at the junction of the planetary and regional levels of differentiation of the geographical envelope. The country is the smallest PTC among those considered in the course of the physical geography of continents and the largest PTC studied in the physical geography of Russia. Physiographic country- this is a large part of materica corresponding to a large tectonic structure andquite uniform in orographic terms, I characterizeshared by the commonality of macrocirculatory processes and the peculiarityny structure of geographical zoning (set of naturalzones or spectrum of altitudinal zones). Examples of physical-geographical countries include the countries of the Baltic crystalline shield, the East European Plain; Crimean-Caucasian mountainous country, Western Siberian lowland country, Sayan-Altai mountainous country, Central Siberian flat-elevation country, Kola-Okhotsk mountainous-lowland country, Koryak-Kamchatka mountainous country.
All countries are united into two groups: mountainous and flat, but some of them cannot be classified into either group (North-East, Amur-Sakhalin), since they include, along with mountains, large flat areas.
The next taxonomic unit is province -part of a zone or mountainous region characterized generallydue to the relief and geological structure, as well as bioclimatetic features. Typically, a province coincides territorially with a large orographic unit - a highland, a lowland, a group of ridges or a large intermountain basin. Examples of provinces are Oka-Don, Bugulmino-Belebeevskaya, Chulymo-Yenisei, Putorana, Central Altai, Momsko-Selennyakh, etc. Mountain provinces differ from neighboring ones in the type of altitudinal structure.
When zoning on a medium and large scale, which is no longer carried out for the entire territory, but for individual parts of Russia, smaller units of the regional level are identified - districts. In some zoning schemes these units are called districts, in others a district is designated as a PTC of a higher rank than a district. Physiographic (landscape) region- compareextremely large geomorphologically isolated part of the province within which the integrity and specificity are preservedka landscape structure. Each region is distinguished by a certain combination of mesorelief forms with their characteristic microclimates, soil varieties and plant communities. A district is the lowest unit of the regional level of differentiation of the geographic envelope.
Applied significance of works on physical-geographicalzoning lies in the fact that individual natural complexes differ from each other in the uniqueness of natural conditions and natural resources, knowledge of which allows us to outline ways of their optimal use, ensuring the preservation of ecological balance. These purposes are also served by applied zoning schemes for agriculture, urban planning, regional planning, organization of recreation for the population, etc. Territorial differences in nature were taken into account when determining the priority for the development of territories and establishing zone wage coefficients, when determining differentiated procurement prices for agricultural products and zonal norms production of agricultural machinery, for carrying out preventive medical measures (for example, anti-encephalitis vaccinations) and identifying areas of various categories of complexity according to the conditions of transport construction, etc.
Practical work No. 14
| № | Date | Name of practical work |
| No. 1: Characteristics of the Russian State Enterprise. Comparison of the Russian Civil Code and other countries. | ||
| No. 2: Determination of standard time for different points of the Russian Federation. | ||
| No. 3: Explanation of the dependence of the location of large landforms and mineral deposits on the structure of the earth’s crust using the example of individual territories. | ||
| No. 4: Determination from maps of patterns of distribution of total and absorbed radiation and their explanation. | ||
| No. 5: Assessment of the main climatic indicators of one of the regions of the country to characterize the living conditions and economic activities of the population (at the choice of the student) (table, LOC) | ||
| No. 6: Compilation of characteristics of one of the rivers using thematic maps and climatograms. Determining the possibilities of its economic use. | ||
| No. 7: Explanation of the patterns of distribution of different types of land waters and associated hazardous natural phenomena on the territory of the country, depending on the relief and climate. | ||
| No. 8: Assessing the availability of water resources in large regions of Russia, making a forecast of their use. | ||
| No. 9: Identification of the conditions for soil formation of the main types of soils (amount of heat and moisture, relief, nature of vegetation) and assessment of their fertility, familiarization with soil samples in one’s area. (table, notebook) | ||
| No. 10: Making a forecast of changes in flora and fauna under given conditions of changes in other PC components. | ||
| No. 11. Explanation of the principles of identifying large natural regions on the territory of Russia. | ||
| No. 12. Comparative characteristics of two natural zones of Russia. | ||
| No. 13: Assessment of natural conditions and resources from Russian regions. Forecasting changes as a result of economics. Human activities. | ||
| No. 14: Characteristics of the interaction between nature and society using the example of one of the natural regions. | ||
| No. 15: Comparative characteristics of the natural conditions and resources of two regions of Russia. | ||
| 16-17 | No. 16: Drawing up a map “Natural Uniques of Russia”. No. 17: Characteristics of the ecological state of one of the regions of Russia. |
Planned results of studying the academic subject.
The results of the course are given in the section “Requirements for the level of training of graduates”, which fully complies with the standard. The requirements are aimed at implementing activity-based, practice-oriented and person-oriented approaches; students' mastery of intellectual and practical activities; mastering knowledge and skills that are in demand in everyday life, allowing one to navigate the world around them, and that are significant for preserving the environment and one’s own health.
Category "Be able to" includes requirements based on more complex activities, including: describe and explain; give examples. In addition, it contains the ability to use a variety of geographic sources of information - maps, statistical materials, geographic information systems; use instruments, as well as compile geographical characteristics of different territories.
In the section “Use acquired knowledge and skills in practical activities and everyday life” the requirements necessary for students directly in the environment are presented to assess its condition, quality, changes, possibilities for preserving and improving the environment, especially their locality.
As a result of studying geography, the student must
know/understand:
Basic geographical concepts and terms; differences in plan, globe and geographical maps in content, scale, methods of cartographic representation; results of outstanding geographical discoveries and travels;
The specifics of the geographical location and administrative-territorial structure of the Russian Federation; features of its nature, population, main sectors of the economy, natural economic zones and regions;
Natural and anthropogenic causes of geo-ecological problems at the local, regional and global levels; measures to preserve nature and protect people from natural and man-made disasters;
Identify, describe and explain the essential features of geographical objects and phenomena;
Find in different sources and analyze the information necessary to study geographical objects and phenomena, different territories of the Earth, their provision with natural and human resources, economic potential, environmental problems;
Give examples: the use and protection of natural resources, human adaptation to environmental conditions, its influence on the formation of the culture of peoples; areas of different specialization, centers of production of the most important types of products, main communications and their nodes, internal and external economic relations of Russia, as well as the largest regions and countries of the world;
Compile a brief geographical description of different territories based on various sources of geographic information and forms of its presentation;
Use instruments and instruments to determine the quantitative and qualitative characteristics of the components of nature; present measurement results in different forms; identify empirical dependencies on this basis;
Use acquired knowledge and skills in practical activities and everyday life to:
· terrain orientation; determining standard time; reading cards of various contents;
· taking into account phenological changes in the nature of one’s area; conducting observations of individual geographical objects, processes and phenomena, their changes as a result of natural and anthropogenic influences; assessing their consequences;
· monitoring the weather, air, water and soil conditions in your area; determining the comfortable and uncomfortable parameters of the natural components of your area using instruments and instruments;
· solving practical problems to determine the quality of the environment in one’s area, its use, conservation and improvement; taking necessary measures in case of natural disasters and man-made disasters;
· conducting an independent search for geographic information on the ground from various sources: cartographic, statistical, geoinformation.
Calendar-thematic planning with the definition of the main types of educational activities.
| No. | Lesson topic | Didactic unit of the standard. | Scheduled date | The actual date. |
| What does Russian geography study? Sources of geographical knowledge. | HISTORY OF DEVELOPMENT AND STUDY OF THE TERRITORY OF RUSSIA (FKGOS). | |||
| Features of the physical and geographical position of Russia. Land and sea borders of Russia. No. 1: Characteristics of the Russian State Enterprise. Comparison of the Russian Civil Code and other countries. | Features of the geographical location of Russia. Territory and waters, sea and land borders, airspace, subsoil, continental shelf and economic zone of the Russian Federation (FKGOS). Analysis of maps of the administrative-territorial and political-administrative division of the country (FKGOS). | |||
| Russia on time zone map. Stages and methods of geographical study of the territory. No. 2: Determination of standard time for different points of the Russian Federation. | Time zones (FKGOS). | |||
| Features of the geological structure and distribution of large relief forms. | ||||
| Relief of Russia. The main forms of relief, their connection with the structure of the lithosphere. | ||||
| Mountains and plains. The influence of the lithosphere and relief on other components of nature. | ||||
| How and why the relief of Russia is changing. | ||||
| Natural natural phenomena in the lithosphere. | Natural natural phenomena (FKGOS) in the lithosphere. | |||
| Man and the lithosphere. No. 3: Explanation of the dependence of the location of large landforms and mineral deposits on the structure of the earth’s crust using the example of individual territories. | ||||
| Relief and minerals of the Orenburg region. | Features of the geological structure and distribution of large relief forms (FKGOS). | |||
| Factors that determine the characteristics of the Russian climate. Solar radiation. No. 4: Determination from maps of patterns of distribution of total and absorbed radiation and their explanation. | Types of climates, factors of their formation, climatic zones. Climate and economic activities of people. Permafrost (FKGOS). | |||
| VM circulation. Cyclones. Anticyclones. | ||||
| Patterns of heat and moisture distribution on the territory of Russia. | ||||
| Seasonality of climate. | ||||
| Types of climates in Russia. | ||||
| Comfort (discomfort) of climatic conditions. | Climate and economic activity of people (FCGOS). | |||
| Climate and people. Features of the climate of the Orenburg region. No. 5: Assessment of the main climatic indicators of one of the regions of the country to characterize the living conditions and economic activities of the population (at the choice of the student) (table, LOC) | ||||
| Diversity of inland waters of Russia. Rivers. | ||||
| Rivers. No. 6: Compilation of characteristics of one of the rivers using thematic maps and climatograms. Determining the possibilities of its economic use. | ||||
| Lakes and swamps. | ||||
| Groundwater. Glaciers. Permafrost | Permafrost (FKGOS). | |||
| Water resources and people. No. 7: Explanation of the patterns of distribution of different types of land waters and associated dangerous natural phenomena on the territory of the country, depending on the relief and climate. | Inland waters and water resources, features of their distribution on the territory of the country (FKGOS). | |||
| Inland waters of the Orenburg region. No. 8: Assessing the availability of water resources in large regions of Russia, making a forecast of their use. | ||||
| Soil is a special natural body. | Soils and soil resources, distribution of main soil types. Measures to preserve soil fertility (FCGOS). | |||
| Soil formation and diversity. | ||||
| Patterns of soil distribution. The main types of soils in Russia. No. 9: Identification of the conditions for soil formation of the main types of soils (amount of heat and moisture, relief, nature of vegetation) and assessment of their fertility, familiarization with soil samples in one’s area. (table, notebook) | ||||
| Soil resources of Russia. Soil types in the Orenburg region. | ||||
| Flora and fauna of Russia. No. 10: Making a forecast of changes in flora and fauna under given conditions of changes in other PC components. | Flora and fauna of Russia (FKGOS). | |||
| Biological resources and their rational use. Protection of the organic world. | ||||
| Natural zones. Natural and economic zones of Russia. | Natural areas (FKGOS). | |||
| Arctic deserts, tundra, forest-tundra | ||||
| Diversity of Russian forests. | ||||
| Flora and fauna of the Orenburg region. | ||||
| Forest-steppes, steppes and semi-deserts. | ||||
| Forest-steppe and steppe of the Orenburg region | Natural areas (FKGOS). | |||
| Specially protected natural areas. | Identification: relationships between the tectonic structure, relief and placement of the main groups of minerals; dependencies between the regime, the nature of river flow, relief and climate; ways of human adaptation to diverse climatic conditions. Specially protected natural areas (SPE). | |||
| Summary lesson |
1.3.3. Methods for constructing and confirming scientific theories
Theory requirements:
There are a number of requirements for scientific theories that determine the degree of their scientific character. Among these requirements are:
definition and clear indication of the range of objects and phenomena explained by the theory - the subject relevance of the theory;
a clear formulation of the explanatory principles of the theory;
The “explanatory power” of a theory is the range of explained objects and phenomena, as well as the range of predicted and empirically confirmed consequences (predictions) logically deduced from the theory.
Which exist differences between scientific theories ?
There are a number of reasons according to which we can distinguish different ways to build modern scientific theories.
There are theories: A) axiomatic: are built on a system of necessary and sufficient axioms that are unprovable within the framework of the theory. This is how logical-mathematical theories are built (for example, remember the postulates of Euclid, on which classical geometry is based); b) hypothetical co-deductive: are built on assumptions put forward to explain a certain set of empirical facts. This is how most modern natural science theories are built.
Separately, we should dwell on the explanations (theories) that are used in mathematics and mathematical logic. Based on the method of construction, such explanations are classified as axiomatic. Among the main characteristics of mathematical explanations and mathematical theories, the following features are most often indicated.
In mathematical theories, the quantitative characteristics of various properties and relationships initially act as subject-related reference in abstraction from the material (substantial) characteristics of objects and phenomena.
To obtain such quantitative characteristics, it is necessary to introduce conventional standards - units of measurement.
Subsequently, by abstracting from all kinds of standards and methods of measurement, the actual mathematical objects (subjects) are specified logically and all of them
properties are potentially contained in the definition (derivable from it). Based on the axioms, the entire edifice of science is built.
The specificity of mathematical thinking is largely determined by the fact that it operates not with models of the real world, but with models (schemes) of quantitative relationships and dependencies abstracted from phenomena, objects in the form of objects and various models (operating with models of models).
Mathematical models can be objectively related (interpreted) to any objects and phenomena, provided that the specified quantitative relationships and dependencies between objects, processes and their properties are preserved.
The development of mathematical means of cognition, methods of explanation and their results (mathematical knowledge) coincide with the development of “mathematical objects” (Berulava, 1993; Ruzavin, 1978).
Quite often, modern scientific theories are distinguished by the degree of generalization:
theories of the “lower level” - the basis is formed by empirical generalizations in which concepts have a direct, experimentally given subject-matter relation;
theories of the “middle level” - the basis is formed by concepts that: a) fix hypothetical characteristics or models of a certain range of objects and phenomena;
b) require empirical verification - confirmation of the consequences arising from hypotheses and assumptions in specially organized empirical studies;
“Upper level” theories - the basis is formed by concepts that: a) fix the hypothetical characteristics of objects and phenomena; b) have the maximum degree of generality, form the structure of scientific categories;
c) define scientific ideas in the image of the scientist’s world.
On which ways construction scientific theories rely on scientists ?
Conventionally, there are four main type hypothe- pgiko-deductive construction of theoretical explanations
(Ruzavin, 1978; Ilyasov, 1986):
attributive - explanation of one property of an object through another property of the same object (analysis by isolating properties);
composite-structural - explanations of objects and phenomena by highlighting their composition, elements and relationships between such elements (decomposition of the whole into components - analysis by highlighting elements, components, composition);
functional - explanation of any object or phenomenon through its role, function in a more complex system of objects or objects (analysis by highlighting connections and mutual influences that cause changes and transformations of objects and phenomena);
genetic - explanations based on the identification of the initial “unit-cell” - a unit of analysis, potentially containing all the basic initial properties that determine the subsequent development and complication of the phenomenon (analysis “by isolating the initial units” with the subsequent identification of the laws and conditions of their development ).
Each of these types of explanations can be presented in an operational form, which generally reflects their method of construction.
Attributive explanations suggest:
highlighting empirical or hypothetical signs and properties of an object, subject, phenomenon;
the subsequent establishment of empirical or hypothetical connections between the selected signs and properties that make it possible to explain and predict the appearance
the understanding of some properties through connections with other properties of the same object, subject, phenomenon.
Such explanations quite often represent simple empirical dependencies, and at the theoretical level they can form a “logical circle in explanations.”
Composite-structural explanations suggest:
empirical or hypothetical division of an object, certain features of which are subject to explanation, into its constituent parts, elements, components;
establishing the properties and characteristics of the parts, elements, components that make up the object;
empirical or hypothetical establishment of relationships and connections between the selected parts, elements, components;
explanation of certain properties of an object by deducing them as consequences from previously established features of the composition and structure of the object.
Functional explanations suggest:
establishment of empirical or hypothetical connections of an object or phenomenon, certain features of which are subject to explanation, with other objects, phenomena or objects;
establishment of mutual influences and influences of selected objects, objects, phenomena on each other;
an explanation of certain features of objects, objects and phenomena through their place, role and function in the external system that encloses them, into which they are included as components.
Mechanical cause-and-effect relationships are a special case of such explanations. Such explanations typically specify a functional causal relationship between two interacting phenomena.
Genetic explanations suggest:
explanation of the process of emergence, formation and development of any objects, objects, phenomena. Despite the fact that development processes are usually intuitively identified without much difficulty, it is quite difficult to determine them theoretically;
answers to questions about why and how development occurs - a directed, increasingly complex change in the structure and functions of an object, object or phenomenon.
At the same time, there are different ways of building such explanations. One of the options for constructing a genetic method of explanation is presented below. For example, explanations for the formation and development of various mental properties and abilities are often constructed.
First, qualitatively different stages, stages, periods, and levels of any process are empirically established.
Following this, a single basis (reason) is hypothetically assumed, which underlies the established qualitative differences between stages, stages, etc. Such a basis can be a rather complex hypothetical structural and functional formation. Accordingly, an explanation can be constructed by establishing laws in accordance with which the following is explained:
complication or development over time of the internal structure of a given phenomenon;
change over time or complication of the functional connections of a phenomenon: a) with external factors, b) between the structural elements of the phenomenon.
Thus, the structural and functional complication - development - of the phenomenon over time is explained.
Examples of genetic explanations are: the theory of evolution of Charles Darwin, the theory of evolutionary development of the psyche of A. N. Leontiev, the theory of the development of intelligence of J. Piaget, the theory of the formation and development of higher mental functions of a person of L. S. Vygotsky, the theory of formation
mental actions of a person by P. Ya. Galperin (a presentation of the explanatory principles of various theories is presented in part 2 of the manual). The list of modern scientific and psychological theories based on genetic foundations can be continued.
Note that genetic explanations in psychology have the greatest explanatory power, since mental phenomena exist in the forms of constantly reproducible and improving processes.
What stands criteria relative truth scientific theories ?
The question of the truth of knowledge obtained in scientific research is one of the central questions for the methodology of science. In the history of science, various criteria have been put forward for classifying certain knowledge as “scientific” or “non-scientific”. At the same time, the “scientific nature” of empirically recorded data does not cause any particular controversy among scientists if such data are potentially reproducible in certain experimental or “instrumental” situations. Contradictions between scientists most often arise when explaining the same facts from different theoretical positions. Therefore, establishing the truth and validity of scientific theories is a constant and inevitable methodological problem. The history of the development of scientific methodology has shown that discussion of this problem can be fruitful when it comes to establishing the relative rather than the absolute truth of theories. To establish the relative scientific reliability (relative truth) of theoretical explanatory principles, the following procedures were adopted as criteria.
Verification principle (Auguste Comte): a theory is considered relatively true if its provisions and predictions are confirmed and consistent with facts.
The subsequent development of scientific knowledge and the accumulation of scientific theories that alternatively explained the same facts and phenomena showed that this principle is not reliable enough. An alternative principle was put forward by Karl Popper.
Principle of falsification: Only theoretical knowledge that can potentially be rejected (recognized as false) in the process of empirical verification is recognized as scientific. It should be assumed that to refute a theory, one refuting fact is sufficient. A theory whose content cannot be empirically verified is not recognized as scientific.
An infinite number of explanatory hypotheses can be put forward about the reasons underlying various phenomena.
The scientist does not know in advance which explanatory hypotheses are correct and which are incorrect.
The problem is resolved by empirical exclusion (refutation) of hypotheses.
Subsequently, the principle of falsification in various methodological approaches was formulated more gently. Thus, developing and generalizing the ideas of K. Popper, I. Lakatos formulated methodology of research programs:
1. Scientific research is carried out within the framework of a research program, which includes:
the core of the program is a set of basic theoretical principles accepted conventionally;
a set of methodological rules that guide the researcher in choosing problems and ways to solve them (positive heuristics);
a set of rules aimed at protecting theoretical principles from refutation by putting forward auxiliary hypotheses (negative heuristics).
The research program finds its implementation in a series of interrelated theories of different levels of generality, arising on the basis of the initial theoretical principles (the core of the program) according to the conventional rules of heuristics.
Theories that implement a research program can provide:
a “progressive shift” in problem solving, when each new theory makes it possible to predict new facts, the existence of which is confirmed experimentally;
“regressive shift” in problem solving, when an auxiliary theory is built to explain facts that refute the original theory. At the same time, the auxiliary theory, as a rule, does not allow one to predict and forecast new facts.
4. Falsification of the theory is possible only with the emergence of a new theory, and not on the basis of empirical refutations.
There are other, even softer positions in science. For example, principle of “mutual clarification” (Lorenz, 1998): a scientific theory is a system of carefully tested hypotheses that support each other according to the principle of “mutual clarification.” Hypotheses can only be refuted by other hypotheses, which are subject to a larger number of facts, and not by individual facts that do not agree with it.
What is generalized logics shifts scientific theories ?
From the moment when the area of observations and descriptions (the area of empirical research) begins to include attempts to explain phenomena through causal grounds inaccessible to direct observation - through the internal structural-functional or genetic features of the phenomena - we can talk about elements of theoretical research. The procedure for theoretical explanation of empirical facts and
dependencies lies in the introduction of hypotheses (proposed connections, relationships, abstract theoretical objects - constructs), acting as explanatory foundations, principles, explanatory models. After this, empirical dependencies begin to be understood (and represented) through “connections” hidden from direct observation due to mental construction (Shchedrovitsky, 1995). Thus, abstract theoretical objects, which are constructed to explain phenomena in scientific knowledge, are characterized by hypotheticality and conventional assumptions.
Introduction of abstract subjects into theory characterized by the unity of the processes of abstraction and interpretation. Abstraction processes can have many levels. It is possible to construct new abstract objects and models that relate not to real objects and phenomena, but to existing abstract objects. For example, modern theories of the structure of matter are based on models that fix the structure of crystals, molecular structure, the structure of atoms, and the structure of the particles that form atoms. The processes of interpretation of theoretical subjects can be carried out: a) through direct correlation with empirical data; b) by correlating abstract objects with other abstract objects, and through them - with empirical data. Reasoning regarding abstract objects in theory is constructed as reasoning about the real properties of phenomena, but in a given interval of abstraction - in the range of the substantive relevance of the theory (see above).
As science develops, its theories become more and more abstract, which leads to an increasing role of signs and symbols, on the basis of which scientific abstractions and theoretical objects are created and recorded.
The appearance of a new theoretical subject, construct, or representation in the mind of a researcher cannot be: a) formally and logically derived from the old theory (having
existing representations), since it is not implicitly contained in them; b) obtained by direct formal generalization of empirical material. A new theoretical idea arises in intellectual search activity in the form of a hypothesis (assumption) about the essence of the subject of knowledge under study. The essence acts as a “mechanism” by which the parties, relationships of objects or phenomena are internally connected. The essence is qualitatively expressed in mental representations of the hypothetical substantive content of the theory and thus appears primarily as its worldview side. Quantitatively, the essence can be expressed through laws that are fixed by a formal apparatus, including logical and mathematical relations. In this case, the formal apparatus primarily plays the role of a tool for predicting and calculating the quantitative aspects of certain phenomena.
There is a point in the development of theories when the formal apparatus or method of explanation begins to lead to results that are inconsistent with experience. Understanding such facts in the sphere of the substantive content of the theory leads to the “decomposition” of the idea of essence: new empirically established facts turn out to be incompatible with the concept of essence underlying the theory. Further movement of knowledge becomes impossible in discursive form. This difficulty in cognition is resolved by putting forward hypotheses: the mental “construction” of a new theoretical subject. A number of requirements are presented to the new theoretical concept of essence. It must: a) resolve the contradictions of the old theory and b) provide, within the boundaries of the new theory, an explanation of the totality of phenomena and facts that were explained and predicted by the old theory.
Thus, the development of science consists of: a) recording phenomena and facts with the subsequent establishment of empirical and theoretical laws by which phenomena and 30
facts obey; b) in establishing the range of application of such laws by extending their effect to new conditions; c) in establishing a range of conditions that limit existing laws (Arsenyev, 1967).
Analyzing the processes of development of areas of scientific research in various subject areas, T. Kuhn (1977) in the book “The Structure of Scientific Revolutions” emphasized that the basis for the change in organizational forms of modern scientific research and scientific methodology lies not so much in the processes of rethinking theoretical ideas about the world and phenomena, how many changes in the organization of the entire system of scientific knowledge:
The evolution of scientific knowledge proceeds as formation, competition and paradigm shifts.
A paradigm (pattern, model, example) in science is a type of organization of scientific research adopted by a certain group of authoritative scientists as a model.
The paradigm is defined:
generalized research goals that are formulated in relation to laws, patterns, facts that must be established, investigated and explained;
ways to achieve such goals, which depend on priority hypotheses and explanations (theories), methods for obtaining empirical data, the invention of new means (equipment) and data processing techniques;
a system of certain requirements for methods of obtaining scientific knowledge and criteria for their justification and evaluation.
