Право и образование
№ 01 • 2010
МИР ОБРАЗОВАНИЯ И ВОСПИТАНИЯKOBOZEV A.A.
Kobozev A.A. – Professor of Russian Vocational Training Institute for Officers of the Ministry of Internal Affairs of Russia, Doctor of Law
MONGUSH A.S. Mongush A.S. – Adjinct of the Academy of Management of the Ministry of Internal Affairs of Russia
Professional training of senior police officers in European countries: features and tendencies
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Аннотация / Annotation:
The article is dedicated to analytical review of systems of police education and training of senior police officers in a number of European countries. Particular attention is given to the organization of professional training of top-ranking police officials in Great Britain and Germany. In the article are formulated conclusions, based on axiological analysis of European experience of senior police officers training.
Ключевые слова / Keywords:
international cooperation, integration, strategy, senior officers, police education, system of professional training, qualification improvement, educational institutions, the Bologna process, European Council, education quality appraisement.
BURLAKOVA I.I. Аннотация / Annotation:
The article is dedicated to analytical review of systems of police education and training of senior police officers in a number of European countries. Particular attention is given to the organization of professional training of top-ranking police officials in Great Britain and Germany. In the article are formulated conclusions, based on axiological analysis of European experience of senior police officers training.
Ключевые слова / Keywords:
international cooperation, integration, strategy, senior officers, police education, system of professional training, qualification improvement, educational institutions, the Bologna process, European Council, education quality appraisement.
Burlakova I.I. – Associate Professor of the Department of Pedagogy and Teaching Methodology of Odintsovo Institute for the Humanities, PhD in Pedagogy
Issues of Quality of Higher professional Education and the Bologna Process
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Аннотация / Annotation:
The article covers an issue of quality of higher education related to the Bologna Process. By author’s opinion, it is necessary to create professional communities discussing the problems of quality of education and to cooperate actively with countries, universities and other appropriate structures on issues concerning quality and competitive ability of higher education.
Ключевые слова / Keywords:
quality of higher education, standards and principles of quality; modernization of education, increasing of competitive ability, quality management systems, cooperation with countries, universities on issues of quality of education.
SOLOVIEV A.A. Аннотация / Annotation:
The article covers an issue of quality of higher education related to the Bologna Process. By author’s opinion, it is necessary to create professional communities discussing the problems of quality of education and to cooperate actively with countries, universities and other appropriate structures on issues concerning quality and competitive ability of higher education.
Ключевые слова / Keywords:
quality of higher education, standards and principles of quality; modernization of education, increasing of competitive ability, quality management systems, cooperation with countries, universities on issues of quality of education.
Soloviev A.A. – Federal Judge of the Arbitration Court of Moscow Region, PhD in Law
Legislation of the Russian Federation of Sport Training: Concerning Sport and Educational Law
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Аннотация / Annotation:
The article covers the issue of improvement of the legislation of the Russian Federation of sport training.
Ключевые слова / Keywords:
sport, sport law, sporting training, educational law, education, a law draft.
OVCHINNIKOV O.A. Аннотация / Annotation:
The article covers the issue of improvement of the legislation of the Russian Federation of sport training.
Ключевые слова / Keywords:
sport, sport law, sporting training, educational law, education, a law draft.
Ovchinnikov O.A. – Doctoral Student of the Academy of Administration of the Ministry of Internal Affairs of Russia, PhD in Law, Associate Professor
A Phenomenon of Scientific Schools in Russian Society
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Аннотация / Annotation:
The article covers modern problems in setting a nature of a scientific school in Russian society. Various approaches of researches and state measures for supporting and developing of scientific schools are considered. Legal regulatory acts determining the status of scientific school are analyzed. The great attention is paid to classification of scientific schools by criteria setting the place of scientific schools in a hierarchy of the world of science.
Ключевые слова / Keywords:
science, scientific school, world of science, scientific knowledge production, scientific research, followers, discussions.
TONKONOGOV A.V. Аннотация / Annotation:
The article covers modern problems in setting a nature of a scientific school in Russian society. Various approaches of researches and state measures for supporting and developing of scientific schools are considered. Legal regulatory acts determining the status of scientific school are analyzed. The great attention is paid to classification of scientific schools by criteria setting the place of scientific schools in a hierarchy of the world of science.
Ключевые слова / Keywords:
science, scientific school, world of science, scientific knowledge production, scientific research, followers, discussions.
Tonkonogov A.V. – Associate Professor of the Academy of Administration of the Ministry of Internal Affairs of Russia, PhD in Philosophy
Educational and Scientific Institutions in the System of Support of Spiritual Security of Russian Society
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Аннотация / Annotation:
The article covers problems of usage of potential of Russian educational and scientific institutions in a field of support of spiritual security concerning scientific, educational and religious fields of public community.
Ключевые слова / Keywords:
education, science, support of spiritual security, spirituality, intelligence, scientific institutions, educational institutions.
PROFESSIONAL EDUCATIONАннотация / Annotation:
The article covers problems of usage of potential of Russian educational and scientific institutions in a field of support of spiritual security concerning scientific, educational and religious fields of public community.
Ключевые слова / Keywords:
education, science, support of spiritual security, spirituality, intelligence, scientific institutions, educational institutions.
BLYAKHMAN B.YA.
Blyakhman B.Ya. – Head of the Department of Theory and History of State and Law of Kemerovo State University, PhD in Law, Associate Professor
Jurist Training in Conditions of Market Economy
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Аннотация / Annotation:
The author analyzes multi-aspect process of jurists’ training. The article covers issues of improvement of quality of education and elements of reforms in a field of juridical education.
Ключевые слова / Keywords:
juridical education, jurists, multilevel specialists’ training.
PONOMARCHUK P.N. Аннотация / Annotation:
The author analyzes multi-aspect process of jurists’ training. The article covers issues of improvement of quality of education and elements of reforms in a field of juridical education.
Ключевые слова / Keywords:
juridical education, jurists, multilevel specialists’ training.
Ponomarchuk P.N. – Teacher of the Department of Law in Troitsk Branch of Chelyabinsk State University
Influence of Specifics of Juridical Activity on Contents of Research Competence of Jurist-Students
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Аннотация / Annotation:
Proves of necessity to form research competence of jurist-students for their professional realization are made on the analysis of juridical activity. Specifics of juridical activity, which influence on contents of research competence of jurist-students, are shown; characteristics of research competence of students concerning jurisprudence are represented.
Ключевые слова / Keywords:
competence, research competence, juridical activity, juridical education.
BATYAEVA A.R. Аннотация / Annotation:
Proves of necessity to form research competence of jurist-students for their professional realization are made on the analysis of juridical activity. Specifics of juridical activity, which influence on contents of research competence of jurist-students, are shown; characteristics of research competence of students concerning jurisprudence are represented.
Ключевые слова / Keywords:
competence, research competence, juridical activity, juridical education.
Batyaeva A.R. – Senior Teacher of the Department of Administrative and Financial Law of the Russian University of Peoples Friendship, PhD in Law
MATUSHKIN A.V. Matushkin A.V. – Head of the Department of Law of ELSITEL, Ltd.
PROSHUNIN Proshunin – M.M., Associate Professor of Administrative and Financial Law of Russian University of Peoples Friendship, PhD in Law
Training for Employees of Financial Institutes to Fight against Legalization of Criminal Incomes and Terrorism Financing
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Аннотация / Annotation:
The article covers issues of straining a staff, subjects of financial monitoring (excluding credit organizations) in order to fight against legalization of criminal incomes and terrorism financing. Thus authors offer to train staff according to basic principles of education such as a principle of ‘risk approach’, a principle of direct participation of every employee in education process.
Ключевые слова / Keywords:
education in a field of financial monitoring, financial institutes, fight against legalization of criminal incomes, terrorism financing, POD|FT, financial control.
DERYUGA A.N. Аннотация / Annotation:
The article covers issues of straining a staff, subjects of financial monitoring (excluding credit organizations) in order to fight against legalization of criminal incomes and terrorism financing. Thus authors offer to train staff according to basic principles of education such as a principle of ‘risk approach’, a principle of direct participation of every employee in education process.
Ключевые слова / Keywords:
education in a field of financial monitoring, financial institutes, fight against legalization of criminal incomes, terrorism financing, POD|FT, financial control.
Deryuga A.N. – Associate Professor of Administrative Law and Official Activities of the Department of Internal Affairs of Dalnevostochniy Juridical Institute of the Ministry of Internal Affairs of Russia, PhD in Law, Associate Professor
Administrative Torts Study as an Educational Discipline
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Аннотация / Annotation:
Possibility of creation of a new educational discipline in order to develop knowledge about administrative torts and practical skills of social and legal contradiction of administrative violations is considered in the article.
Ключевые слова / Keywords:
administrative torts study, administrative violations, causes of administrative violations.
DISCUSSING THE PROBLEMАннотация / Annotation:
Possibility of creation of a new educational discipline in order to develop knowledge about administrative torts and practical skills of social and legal contradiction of administrative violations is considered in the article.
Ключевые слова / Keywords:
administrative torts study, administrative violations, causes of administrative violations.
ZHIBINOV S.B.
Zhibinov S.B. – Director of the Scientific Research Institute of Applied Computer Engineering of Siberian State University for Telecommunications and Computer Engineering
TRANAVSKIY G.A. Tranavskiy G.A. – Leading Researcher of the Institute of Computing Mathematics and Mathematical Geophysics of Siberian Department of the Russian Academy of Sciences, Doctor for Physics and Mathematics
Information and Legal Aspects of the Project of Distance Education basing on CLOUD COMPUTING Technology
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Аннотация / Annotation:
Several aspects of one of up-to-date directions of IT development namely Cloud Computing is considered in the article. Issues of its usage for distance education are analyzed.
Ключевые слова / Keywords:
information technologies, cloud computing, distance education.
PECHNIKOV G.A Аннотация / Annotation:
Several aspects of one of up-to-date directions of IT development namely Cloud Computing is considered in the article. Issues of its usage for distance education are analyzed.
Ключевые слова / Keywords:
information technologies, cloud computing, distance education.
Pechnikov G.A – Professor of the Department of Criminal Proceedings of Volgograd Academy of the Ministry of Internal Affairs, Doctor of Law, Associate Professor
KOLOSOVICH O.S. Kolosovich O.S. – Associate Professor of the Department of Criminal Proceedings of Volgograd Academy of the Ministry of Internal Affairs of Russia, PhD in Law
BUNIN K.A. Bunin K.A. – Postgraduate Student of the Department of Criminal Proceedings of Volgograd Academy of the Ministry of Internal Affairs of Russia
Protection of Personal Rights in Adversary Criminal Proceedings
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Аннотация / Annotation:
The article covers the issues of protection of personal rights in adversary criminal proceedings; the definition of the concept ‘competitiveness’ and it is stated that in adversary criminal proceedings a person, who is not faultless but strong, clever and assertive, often wins. It is stated that recognition of a person, his rights and freedoms by the Constitution of the Russian Federation as the highest value (Article 2), and supremacy of law (Article 4) strengthens actuality and value of true in criminal proceedings.
Ключевые слова / Keywords:
criminal proceedings, competitiveness, personal rights, warranties, suspected person, defendant, true.
VLADIMIROV V.A. Аннотация / Annotation:
The article covers the issues of protection of personal rights in adversary criminal proceedings; the definition of the concept ‘competitiveness’ and it is stated that in adversary criminal proceedings a person, who is not faultless but strong, clever and assertive, often wins. It is stated that recognition of a person, his rights and freedoms by the Constitution of the Russian Federation as the highest value (Article 2), and supremacy of law (Article 4) strengthens actuality and value of true in criminal proceedings.
Ключевые слова / Keywords:
criminal proceedings, competitiveness, personal rights, warranties, suspected person, defendant, true.
Vladimirov V.A. – Senior Teacher of Kurgan Border Institute of the Federal Security Service of Russia
Reflection of Rights and Freedoms of Person in the System of Legislation of the Legal States
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Аннотация / Annotation:
Problems of interaction between a legal state, rights and freedoms and the legislation systems are considered in the article. Issues of fixation and support of rights and freedoms as a tendency of development of a system of legislation in Russia are analyzed.
Ключевые слова / Keywords:
law, legal state, legislation system, rights and freedoms.
KOLOTKINA O.A. Аннотация / Annotation:
Problems of interaction between a legal state, rights and freedoms and the legislation systems are considered in the article. Issues of fixation and support of rights and freedoms as a tendency of development of a system of legislation in Russia are analyzed.
Ключевые слова / Keywords:
law, legal state, legislation system, rights and freedoms.
Kolotkina O.A. – Senior Teacher of the Department of History, Theory of State, Constitution and International Law of NOU VPO ‘Ural Institute of the Commerce and Law’, Yekaterinburg
Several Aspects of Legal Institutionalism of a Right for Security and its legal Support
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Аннотация / Annotation:
The article covers the problem of importance of legal regulation of a right for security within the context of modern state policy in a field of support of national security in the Russian Federation. The great attention is paid to issues of possible recognition of a right for security as a subjunctive law having its specific content and limitations.
Ключевые слова / Keywords:
right for security, security of a person, personal security, security support, a concept of personal security.
STREBKOVA O.S. Аннотация / Annotation:
The article covers the problem of importance of legal regulation of a right for security within the context of modern state policy in a field of support of national security in the Russian Federation. The great attention is paid to issues of possible recognition of a right for security as a subjunctive law having its specific content and limitations.
Ключевые слова / Keywords:
right for security, security of a person, personal security, security support, a concept of personal security.
Strebkova O.S. – Teacher of Belgorod Branch of MUH, PhD in Law
Agreement of the Parties as one of Disputes Resolution in Case of Contract Amendments or Termination
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Аннотация / Annotation:
Actuality of agreement of the parties for contract relations in civil law is considered in the article. Various points of view of jurists on nature and legal consideration of agreement are represented. Comparative analysis of agreement of contract termination and agreement of novation is made. Phases of amendment signing are investigated.
Ключевые слова / Keywords:
agreement of the parties, a contract, contract amendments, termination of contract, novation.
FEDOROV A.YU. Аннотация / Annotation:
Actuality of agreement of the parties for contract relations in civil law is considered in the article. Various points of view of jurists on nature and legal consideration of agreement are represented. Comparative analysis of agreement of contract termination and agreement of novation is made. Phases of amendment signing are investigated.
Ключевые слова / Keywords:
agreement of the parties, a contract, contract amendments, termination of contract, novation.
Fedorov A.Yu. – Head of the Department of Improvement of Activity of the Department of Internal Affairs of Ural Juridical Institute of the Ministry of Internal Affairs of the Russian Federation, PhD in Law
ALIMPIEV S.A. Alimpiev S.A. – Teacher of the Department of Criminology and Criminal and Proceedings Law of Ural Juridical Institute of the Ministry of Internal Affairs of the Russian Federation
Specifics of Legislative Support of State Policy in a Field of Fight against Corruption
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Аннотация / Annotation:
Authors give a general characteristic of Russian legislation including a criminal one concerning effectiveness of its fighting against corruption, determine contradictions of Russian legislation, and propose measures for improvement of Russian legislation in a field of fighting against corruption criminality.
Ключевые слова / Keywords:
corruption, corruption causes and conditions, court practice.
PAGES OF HISTORYАннотация / Annotation:
Authors give a general characteristic of Russian legislation including a criminal one concerning effectiveness of its fighting against corruption, determine contradictions of Russian legislation, and propose measures for improvement of Russian legislation in a field of fighting against corruption criminality.
Ключевые слова / Keywords:
corruption, corruption causes and conditions, court practice.
IBRAGIMOV K.KH.
Ibragimov K.Kh. – Head Researcher of Complex SRI of the Russian Academy of Sciences, Doctor of Agriculture, PhD in Law, Professor
Several Aspects of Legal Regulation of Land Relations in Russian
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Аннотация / Annotation:
Basic directions of land policy in Russian Empire in a filed of protection and efficient land use are represented in the article. It is stated that priority direction of the policy of Tsar Government was not protection and efficient land use but fixation of land status, i.e. limitations of economic use of lands by existing owners.
Ключевые слова / Keywords:
history, protection of land, efficient land use, ownership of land, land survey agriculture, land tax, fertility.
ABITOV R.R. Аннотация / Annotation:
Basic directions of land policy in Russian Empire in a filed of protection and efficient land use are represented in the article. It is stated that priority direction of the policy of Tsar Government was not protection and efficient land use but fixation of land status, i.e. limitations of economic use of lands by existing owners.
Ключевые слова / Keywords:
history, protection of land, efficient land use, ownership of land, land survey agriculture, land tax, fertility.
Abitov R.R. – Senior Advisor of Military Procurator of Chebarcul’s Garrison of Privolzhsiy Military Command
Development of the Institute of Responsibility for Treason and Espionage in Russian Criminal Legislation in 20th century
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Аннотация / Annotation:
The article covers historic and juridical experience of development of legislation in the Russian Empire regulated responsibility for serious military crimes related to espionage and treason. Authors analyze strong and weak sections in Russian military legislation; amendments and improvements are proposed.
Ключевые слова / Keywords:
military crimes, espionage, Criminal Code, technical means of crime, state defense, hostile actions, prosecution of war, foreign serves.
KHOKHLOV V.I. Аннотация / Annotation:
The article covers historic and juridical experience of development of legislation in the Russian Empire regulated responsibility for serious military crimes related to espionage and treason. Authors analyze strong and weak sections in Russian military legislation; amendments and improvements are proposed.
Ключевые слова / Keywords:
military crimes, espionage, Criminal Code, technical means of crime, state defense, hostile actions, prosecution of war, foreign serves.
Khokhlov V.I. – Head of the Department of Criminal Law and Proceedings of Ulyanovsk State Pedagogic University in the name of I,N, Ulyanov, PhD in Law, Associate Professor
Activity of the Structure of Main Military Procuracy in the Period of Strengthening of the Soviet power (1922–1926)
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Аннотация / Annotation:
The article covers development of the structure of the Main Military Procuracy in 1922–1926. Special features of its activity inside tribunals are shown. Main problems are analyzed and conditions of development of the structure of the Main Military Procuracy and its local structures are investigated, and changes in its system and structure in different periods of time are represented.
Ключевые слова / Keywords:
Main Military Procuracy, Military Collegiums of the Supreme Court of the USSR, tribunals, control, military discipline, military forces and units, procurator’s supervision, law, legal order, the Red Army, a criminal case.
DZIDZOEV A.D. Аннотация / Annotation:
The article covers development of the structure of the Main Military Procuracy in 1922–1926. Special features of its activity inside tribunals are shown. Main problems are analyzed and conditions of development of the structure of the Main Military Procuracy and its local structures are investigated, and changes in its system and structure in different periods of time are represented.
Ключевые слова / Keywords:
Main Military Procuracy, Military Collegiums of the Supreme Court of the USSR, tribunals, control, military discipline, military forces and units, procurator’s supervision, law, legal order, the Red Army, a criminal case.
Dzidzoev A.D. – Senior Teacher of Vladikavkaz Branch of the Modern University for the Humanities
Organs of legal order in GASSR (1920–1924)
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Аннотация / Annotation:
Development of organs of legal order in Gorskaya ASSR, as a complex process of transformation of old structures into new Soviet authorities, is analyzed in the article. Interesting archive materials, several of which are firstly represented, are used.
Ключевые слова / Keywords:
phases of development of organs of legal order in GASSR, analysis of ration between Soviet and Islamic procedures, organizational and legal fundamentals of militia justice and procurator’s actions.
SCIENTIFIC DEBUTАннотация / Annotation:
Development of organs of legal order in Gorskaya ASSR, as a complex process of transformation of old structures into new Soviet authorities, is analyzed in the article. Interesting archive materials, several of which are firstly represented, are used.
Ключевые слова / Keywords:
phases of development of organs of legal order in GASSR, analysis of ration between Soviet and Islamic procedures, organizational and legal fundamentals of militia justice and procurator’s actions.
CHERKAEVA M.A.
Cherkaeva M.A. – Jurist of the Federal State Unitary Enterprise ‘Magadan Scientific Research Institute of Fishing and Oceanography’
Ratio between Civil and Public Legal Means of Regulation of Relations in a Field of Usage of Aquatic Biological Resources
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Аннотация / Annotation:
Analysis of public means of regulation in a field of usage of aquatic biological resources and their ratio with civil means is represented in the article. The author shows necessity of development of civil regulations in this field, because usage of public means and regulation leads to arising of serious problems related to poaching growth and absence of interest of fishery in saving of natural aquatic biological resources.
Ключевые слова / Keywords:
aquatic biological resources, civil means, public means
TUGUSHEV N.N. Аннотация / Annotation:
Analysis of public means of regulation in a field of usage of aquatic biological resources and their ratio with civil means is represented in the article. The author shows necessity of development of civil regulations in this field, because usage of public means and regulation leads to arising of serious problems related to poaching growth and absence of interest of fishery in saving of natural aquatic biological resources.
Ключевые слова / Keywords:
aquatic biological resources, civil means, public means
Tugushev N.N. – Postgraduate Student of Moscow New Juridical Institute
Retrospective Analysis of Organization of Investigation Subdivisions in Russia (Second Half of 19th century)
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Аннотация / Annotation:
The article covers studying the system of first structural investigation subdivisions and its unit an investigator, who conducted investigation in the Tsar Russia, his authorities and relations with a procurator and court.
Ключевые слова / Keywords:
reform of 1860, court, investigator.
NEVIRKO A.D. Аннотация / Annotation:
The article covers studying the system of first structural investigation subdivisions and its unit an investigator, who conducted investigation in the Tsar Russia, his authorities and relations with a procurator and court.
Ключевые слова / Keywords:
reform of 1860, court, investigator.
Nevirko A.D. – Teacher-Methodologist Siberian Juridical institute of the Ministry of Internal Affairs of Russia
Agreement of Production Sharing: Innominate Contract or Work and Labor Contract?
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Аннотация / Annotation:
The article covers a problem of a role of agreement of production sharing in the system of Russian contract law. Special attention is focused on ratio between agreements of production sharing and a contract of work and labor having several common traits and differences.
Ключевые слова / Keywords:
agreement of production sharing, contract of work and labor.
Аннотация / Annotation:
The article covers a problem of a role of agreement of production sharing in the system of Russian contract law. Special attention is focused on ratio between agreements of production sharing and a contract of work and labor having several common traits and differences.
Ключевые слова / Keywords:
agreement of production sharing, contract of work and labor.