Право и образование
№ 01 • 2011
EDUCATIONAL LAW
SUKHOCHEV V.I. Sukhochev V.I. – Rector of Kumertau Institute of Economics and Law, PhD in Economics
Right for Education and Support of its Accessibility is a Constitutional Norm or Intensive Need of Individuals?
Страницы / Pages: 4-16
Аннотация / Annotation:
The article covers investigation of ‘deep’ factors of arising and fixing of civil rights for education and its accessibility for everyone in the Constitution. As a result of researches an author concludes that a constitutional norm fixing a right of citizens for education and its accessibility is based not on subjective will of state authorities, but on intensive need of individuals and a society as a whole.
Ключевые слова / Keywords:
right for education, self-love, need in education, accessibility of education.
Аннотация / Annotation:
The article covers investigation of ‘deep’ factors of arising and fixing of civil rights for education and its accessibility for everyone in the Constitution. As a result of researches an author concludes that a constitutional norm fixing a right of citizens for education and its accessibility is based not on subjective will of state authorities, but on intensive need of individuals and a society as a whole.
Ключевые слова / Keywords:
right for education, self-love, need in education, accessibility of education.
BAKULINA S.S. Bakulina S.S. – Consultant for Management of Professional Education of the Ministry of Education, Science and Innovative Policy of Novosibirsk Region
Legal Fundamentals of State Support of Higher Professional Education in Constituent Entities of the Russian Federation in Sibir Federal District
Страницы / Pages: 17-32
Аннотация / Annotation:
The article covers issues of legal regulation of the system of higher professional education in constituent entities of the Russian Federation, analysis of a regulatory base oriented on state support of higher education in consitituent entities of the Russian Federation in Sibir Federal District. Ways for improving a regulatory base of regions is proposed in the article.
Ключевые слова / Keywords:
educational policy, state support, staff potential, legal regulation of higher education.
Аннотация / Annotation:
The article covers issues of legal regulation of the system of higher professional education in constituent entities of the Russian Federation, analysis of a regulatory base oriented on state support of higher education in consitituent entities of the Russian Federation in Sibir Federal District. Ways for improving a regulatory base of regions is proposed in the article.
Ключевые слова / Keywords:
educational policy, state support, staff potential, legal regulation of higher education.
NIKOLAEV S.M. Nikolaev S.M. – Head of the Faculty of Supplementary Professional Education of Pskov Juridical Institute of FSIN of Russia, PhD in Pedagogy
Attacable Spheres of Activity of University Related to Anti-Corruption State Policy
Страницы / Pages: 33-37
Аннотация / Annotation:
The article covers a problem of preventive measures against corruption crimes in university activity. Negative influence of various types of corruption on development of a society deforms the process of professional development of specialists, who will act as state powers. In modern educational environment corruption finishes a stage of legitimation and becomes a usual event.
Ключевые слова / Keywords:
corruption, corruption crimes, usual events, replacement of real knowledge, gifts, attacable spheres of activity.
MODERN EDUCATIONАннотация / Annotation:
The article covers a problem of preventive measures against corruption crimes in university activity. Negative influence of various types of corruption on development of a society deforms the process of professional development of specialists, who will act as state powers. In modern educational environment corruption finishes a stage of legitimation and becomes a usual event.
Ключевые слова / Keywords:
corruption, corruption crimes, usual events, replacement of real knowledge, gifts, attacable spheres of activity.
BEDAREV K.V. Bedarev K.V. – Teacher of the Department of History of State and Law of Barnaul Juridical Institute of the Ministry of Internal Affairs of Russia
KISELEV A.K. Kiselev A.K. – Professor of the Department of History and State Law of North-Caucasian Social Institute, PhD in History, Associate Professor
A Concept of Human Rights within the System of Training for Police Officers in EU
Страницы / Pages: 38-42
Аннотация / Annotation:
The article covers analysis of police officers training in EU countries within the frameworks of the concept of a public police. Authors state that in their actions police officers are protected by the same standards in a field of human rights, which should be obeyed by the state.
Ключевые слова / Keywords:
the police, staff training, human rights, police officers training, international human rights standards.
Аннотация / Annotation:
The article covers analysis of police officers training in EU countries within the frameworks of the concept of a public police. Authors state that in their actions police officers are protected by the same standards in a field of human rights, which should be obeyed by the state.
Ключевые слова / Keywords:
the police, staff training, human rights, police officers training, international human rights standards.
LATIUSHKIN L.A. Latiushkin L.A. – Head of the Juridical Clinic Laboratory of Volgograd State University
Development of Professional Competence of a Jurist in University Juridical Clinic
Страницы / Pages: 43-48
Аннотация / Annotation:
The article covers problems of development of professional juridical competence in implementing basic educational programs for higher professional education in a field of law. A role of juridical clinics in developing of general cultural and professional competences of students is shown; a thesis of leading value of a juridical clinic in development of professional competemce of students during educational and field experience is explained.
Ключевые слова / Keywords:
professional competence of a jurist, juridical education, educational and field experience.
Аннотация / Annotation:
The article covers problems of development of professional juridical competence in implementing basic educational programs for higher professional education in a field of law. A role of juridical clinics in developing of general cultural and professional competences of students is shown; a thesis of leading value of a juridical clinic in development of professional competemce of students during educational and field experience is explained.
Ключевые слова / Keywords:
professional competence of a jurist, juridical education, educational and field experience.
EGINA L.G. Egina L.G. – Head of the Department of Preschool and General Education of the Department of Education and Science of Kemerovo Region, Applicant of Ural State Professional Pedagogic University
Development of Legal Space of a School within the Frameworks of Legal Education is Intensive Need
Страницы / Pages: 49-54
Аннотация / Annotation:
Issues of necessity of development of general educational institutions of legal space within the frameworks of legal enlightenment of schoolchildren are proposed in the article. The central element of the article is setting of basic ways for development of legal space and its structure.
Ключевые слова / Keywords:
legal education of schoolchildren, legal dimension of a school, ombudsmen for participants of an educational process, school militia ombudsman, schoolchildren loyalty.
Аннотация / Annotation:
Issues of necessity of development of general educational institutions of legal space within the frameworks of legal enlightenment of schoolchildren are proposed in the article. The central element of the article is setting of basic ways for development of legal space and its structure.
Ключевые слова / Keywords:
legal education of schoolchildren, legal dimension of a school, ombudsmen for participants of an educational process, school militia ombudsman, schoolchildren loyalty.
GADZHIEVA P.D. Gadzhieva P.D. – Associate Professor of the Department of Theory and Teaching Methods of Dagestan State Pedagogic University, PhD in Pedagogy
Interactive Teaching Methods in Juridical Education
Страницы / Pages: 55-62
Аннотация / Annotation:
The article covers a problem of increasing effectiveness of civil and legal enlightenment of a young generation. A nature and value, basic goals and tasks of interactive teaching methods are considered. Methodic recommendations of usage of the set group of methods in an educational process are given.
Ключевые слова / Keywords:
civil education, juridical education, interactive teaching methods, debates.
Аннотация / Annotation:
The article covers a problem of increasing effectiveness of civil and legal enlightenment of a young generation. A nature and value, basic goals and tasks of interactive teaching methods are considered. Methodic recommendations of usage of the set group of methods in an educational process are given.
Ключевые слова / Keywords:
civil education, juridical education, interactive teaching methods, debates.
YAKUSHKIN V.V. Yakushkin V.V. – Deputy Director of Educational and Methodical Department of Khabarovsk Border Institute of the Federal Security Service of Russia
Theoretical and Methodological Approaches to Motivation of Educational Activity of Recriuts of a Military Academy
Страницы / Pages: 63-71
Аннотация / Annotation:
The article covers a problem of multiple approaches to consideration of a nature of motivation and motives as a scientific category as a whole and in educational activity in particular. Basic parameters of motivation of educational activity of 1st-5th grades recruits are represented on the basis of the data of the research; ways of activity on development of motivation settings of recruits for learning and servicing are shown.
Ключевые слова / Keywords:
motivation, motives, recruits, educational activity, military academy, servicing.
DISCUSSING THE PROBLEMАннотация / Annotation:
The article covers a problem of multiple approaches to consideration of a nature of motivation and motives as a scientific category as a whole and in educational activity in particular. Basic parameters of motivation of educational activity of 1st-5th grades recruits are represented on the basis of the data of the research; ways of activity on development of motivation settings of recruits for learning and servicing are shown.
Ключевые слова / Keywords:
motivation, motives, recruits, educational activity, military academy, servicing.
NELYUBIN R.V. Nelyubin R.V. – Teacher of the Department of Tactic and Special Training of Ural Juridical Institute of the Ministry of Internal Affairs of Russia
DNEPROV S.A. Dneprov S.A. – Professor of the Department of Professional Pedagogy of Perm Institute of Internal Forces of the Ministry of Internal Affairs of Russia, Doctor of Pedagogy
Opinion of Recruits of Juridical Institute of the Ministry of Internal Affairs about Adequacy of Application of Fire Weapons
Страницы / Pages: 72-83
Аннотация / Annotation:
Data of pedagogic questionnaire and testing of recruits of educational institutions of the Ministry of Internal Affairs of Russia, showing their representations about adequacy of application of fire weapons are analized in the article. It is stated that for development of this competence it is necessary to implement a complex interdisciplinary approach combining psychological, pedagogic, technical, legal and moral aspects. Its implementation will be effective in case of using a reflective training, which will include self-analyzing, reflection and introspection of readiness to apply fire weapons.
Ключевые слова / Keywords:
recruits, questionnaire, testing, adequacy, self-analysing, reflection, introspection, a reflection training.
Аннотация / Annotation:
Data of pedagogic questionnaire and testing of recruits of educational institutions of the Ministry of Internal Affairs of Russia, showing their representations about adequacy of application of fire weapons are analized in the article. It is stated that for development of this competence it is necessary to implement a complex interdisciplinary approach combining psychological, pedagogic, technical, legal and moral aspects. Its implementation will be effective in case of using a reflective training, which will include self-analyzing, reflection and introspection of readiness to apply fire weapons.
Ключевые слова / Keywords:
recruits, questionnaire, testing, adequacy, self-analysing, reflection, introspection, a reflection training.
KUNITSYN A.S. Kunitsyn A.S. – Associate Professor of Kursk State University, PhD in History
The Problem of Natural Human Rights in Russian Legal Doctrines
Страницы / Pages: 84-89
Аннотация / Annotation:
Contribution of well-known Russian legislators-representatives of the school of natural law into scientific work in natural human rights is considered in the article; value of inclusion of Russian juridical classic works for analyzing this problem in modern conditions is given.
Ключевые слова / Keywords:
a natural law, freedom, human rights, natural rights, indefeasible and imprescriptible human rights. .
Аннотация / Annotation:
Contribution of well-known Russian legislators-representatives of the school of natural law into scientific work in natural human rights is considered in the article; value of inclusion of Russian juridical classic works for analyzing this problem in modern conditions is given.
Ключевые слова / Keywords:
a natural law, freedom, human rights, natural rights, indefeasible and imprescriptible human rights. .
IBRAGIMOV K.KH. Ibragimov K.Kh. – Doctoral Student of Russian Juridical Academy of the Ministry of Justice of Russia, Doctor of Argiculture, PhD in Law, Professor
Public Power’s Care of Land Conservation for Agriculture
Страницы / Pages: 90-97
Аннотация / Annotation:
The article covers a problem of legal regulation of land conservation for agriculture in conditions of global climate change. Some methods and approaches of public power in Russia related to fighting against unauthorized use and speculation of lands are represented. Great attention is paid to need in investigation of the problem of territorial specialization of development of branches of agriculture in Russia related to climate change. An effective method of usage of unused lands for agriculture is proposed.
Ключевые слова / Keywords:
agricultural lands, land conservation, fertility, climate change, specialization, food supply security, rural pupulation employement
Аннотация / Annotation:
The article covers a problem of legal regulation of land conservation for agriculture in conditions of global climate change. Some methods and approaches of public power in Russia related to fighting against unauthorized use and speculation of lands are represented. Great attention is paid to need in investigation of the problem of territorial specialization of development of branches of agriculture in Russia related to climate change. An effective method of usage of unused lands for agriculture is proposed.
Ключевые слова / Keywords:
agricultural lands, land conservation, fertility, climate change, specialization, food supply security, rural pupulation employement
ANDREEVA I.A. Andreeva I.A. – Associate Professor of the Department of Theory and History of State and Law of Omsk Academy of the Ministry of Internal Affairs of Russia, PhD in History
Development of Police Deontology within the Context of Professionalism of the Police in France
Страницы / Pages: 98-107
Аннотация / Annotation:
The article covers the process of professionalism of the police in France, great role in this process development of deontology has. Attention is paid to implementation of the Deontology Code for the National Police in France.
Ключевые слова / Keywords:
the police, police deontology, profession, professionalism.
Аннотация / Annotation:
The article covers the process of professionalism of the police in France, great role in this process development of deontology has. Attention is paid to implementation of the Deontology Code for the National Police in France.
Ключевые слова / Keywords:
the police, police deontology, profession, professionalism.
CHELYSHEVA N.YU. Chelysheva N.Yu. – Senior Teacher of the Department of Private Law of Ural Academy of State Service, PhD in Law
Civil and Legal Liabilty for Forced Withdrawal of Property of Physical and Legal Entities
Страницы / Pages: 106-112
Аннотация / Annotation:
The article covers a problem of legal regulation of withdrawal of private property by law-emforcement agencies in case of thier functioning and issues of liabilty for forced withdrawal. An author analyzes fundamentals of civil and legal liability based on scientific and theoretical research and materials from juridical practice. Great attention is paid to research of a value of a concept ‘cause and effct relationship’ as an obligatory condition of civil and legal liability of law-enforcement agencies.
Ключевые слова / Keywords:
liability, cause and effect relationship, forced withdrawal, property.
PAGES OF HISTORYАннотация / Annotation:
The article covers a problem of legal regulation of withdrawal of private property by law-emforcement agencies in case of thier functioning and issues of liabilty for forced withdrawal. An author analyzes fundamentals of civil and legal liability based on scientific and theoretical research and materials from juridical practice. Great attention is paid to research of a value of a concept ‘cause and effct relationship’ as an obligatory condition of civil and legal liability of law-enforcement agencies.
Ключевые слова / Keywords:
liability, cause and effect relationship, forced withdrawal, property.
BERLYAVSKIY L.G. Berlyavskiy L.G. – Professor of the Department of Constitutional and Municipal Law of Rostov State Economic University, Doctor of History, PhD in Law
Evolution of Legal Status of Researchers and Teachers in Higher Educational Institutions in 20ies of 20th century
Страницы / Pages: 113-129
Аннотация / Annotation:
The article covers research of evoltion of a legal status of researchers and teachers of higher educational institutions in the USSR in 20ies of 20th century. Factors of changes in legal policy initiated by new economic policy are analyzed through historic-legal and formanl-juridical methods; regulatory acts, on basis of which liberal principles of a legal status of researchers and teachers arose, are investigeted.
Ключевые слова / Keywords:
legal status, a researcher, higher educational institutions, new economic policy.
Аннотация / Annotation:
The article covers research of evoltion of a legal status of researchers and teachers of higher educational institutions in the USSR in 20ies of 20th century. Factors of changes in legal policy initiated by new economic policy are analyzed through historic-legal and formanl-juridical methods; regulatory acts, on basis of which liberal principles of a legal status of researchers and teachers arose, are investigeted.
Ключевые слова / Keywords:
legal status, a researcher, higher educational institutions, new economic policy.
STEPANOVA E.E. Stepanova E.E. – Doctoral Student of FGVOU VPO ‘The Military University’, PhD in History
Analysis of Soviet Historiography of Education of Staff in the Rear in 1918-June 1941
Страницы / Pages: 130-137
Аннотация / Annotation:
A process of development of a scientific knowledge is considered and analysis of Soviet historiography studying issues of organization of education of staff of the rear of the Red Army in 1918-941 is conducted. Basic tendencies in development of historiography are represented; an intention to reconstruct history of this issue by investigators is shown.
Ключевые слова / Keywords:
historiography, the Red Army, rear, education, staff training, 1918-1941.
Аннотация / Annotation:
A process of development of a scientific knowledge is considered and analysis of Soviet historiography studying issues of organization of education of staff of the rear of the Red Army in 1918-941 is conducted. Basic tendencies in development of historiography are represented; an intention to reconstruct history of this issue by investigators is shown.
Ключевые слова / Keywords:
historiography, the Red Army, rear, education, staff training, 1918-1941.
KRAVCHUK S.A. Kravchuk S.A. – Head of the Department of the Institute of Border Protection of the Federal Security Service of Russia, PhD in History, Associate Professor
Transformation of Soviet-Chinese Relationships on the State Border in 50-60ies of 20th century
Страницы / Pages: 138-145
Аннотация / Annotation:
The article covers problems of development of Soviet-Chinese relationships in 50-60ies of 20th century. Dynamics of changes in operational environment of the state border between the USSR and the PRC is shown. Basic tendencies of transformation of border state policies are represented.
Ключевые слова / Keywords:
Soviet-Chinese relationships, border policy, the state border between the USSR and the PRC, the armed conflict on Damanskiy island.
SCIENTIFIC DEBUTАннотация / Annotation:
The article covers problems of development of Soviet-Chinese relationships in 50-60ies of 20th century. Dynamics of changes in operational environment of the state border between the USSR and the PRC is shown. Basic tendencies of transformation of border state policies are represented.
Ключевые слова / Keywords:
Soviet-Chinese relationships, border policy, the state border between the USSR and the PRC, the armed conflict on Damanskiy island.
ALESHKIN A.V. Aleshkin A.V. – Applicant of the Department of Constitutional and Administrative Law of Moscow Urban University of Management under the Government of Moscow
Actual Problems of Legal Regulation of Territorial Public Self-Management as a Form of Direct Democracy and an Element of a Local Society
Страницы / Pages: 146-153
Аннотация / Annotation:
The article covers the problem of development and legal regulation of the institute of territorial public self-management. Statements of the Federal Law No.31-ФЗ dated October 2003 ‘General Principles of Organization of Local Government in the Russian Federation’ are analyzed in the article; actual problems of law enforcement practice are considered. Great attention is paid to a place and meaning of the term ‘local society’ for the institute of territorial local self-management.
Ключевые слова / Keywords:
territorial public self-management, a local society, forms of direct democracy, legal regulation.
Аннотация / Annotation:
The article covers the problem of development and legal regulation of the institute of territorial public self-management. Statements of the Federal Law No.31-ФЗ dated October 2003 ‘General Principles of Organization of Local Government in the Russian Federation’ are analyzed in the article; actual problems of law enforcement practice are considered. Great attention is paid to a place and meaning of the term ‘local society’ for the institute of territorial local self-management.
Ключевые слова / Keywords:
territorial public self-management, a local society, forms of direct democracy, legal regulation.
BALZHINIMAEVA ZH.TS. Balzhinimaeva Zh.Ts. – Postgraduate Student of the Department of Legal Support of Market Economy of Russian Academy of Public Economy and State Service under the President of the Russian Federation
Some Aspects of Juridical and Arbitration Practice in Investigation of Disputes of Annulment of Transactions of a Debtor in Bankruptcy Proceedings
Страницы / Pages: 154-163
Аннотация / Annotation:
Actual issues arising in the arbitration court on disputes of annulment of debtor’s transactions are considered in the article. Basic problems in investigation of these cases within the aspect of implementatoion of a new chapter ‘Disputes of Debtor’s Transactions’ into the Law of Bankruptcy is shown. It is stated that there is a need to use special norms of consideration of these cases taking into account general principles of the Civil Code of the Russian Federation.
Ключевые слова / Keywords:
bankruptcy, bankruptcy proceedings, competition management, a creditor, invalid transactions.
Аннотация / Annotation:
Actual issues arising in the arbitration court on disputes of annulment of debtor’s transactions are considered in the article. Basic problems in investigation of these cases within the aspect of implementatoion of a new chapter ‘Disputes of Debtor’s Transactions’ into the Law of Bankruptcy is shown. It is stated that there is a need to use special norms of consideration of these cases taking into account general principles of the Civil Code of the Russian Federation.
Ключевые слова / Keywords:
bankruptcy, bankruptcy proceedings, competition management, a creditor, invalid transactions.
TARASOVA E.V. Tarasova E.V. – Postgraduate Student of Moscow New Juridical Institute
Criminal and Proceeding Guarantees of Human Rights Need in Improvement
Страницы / Pages: 164-169
Аннотация / Annotation:
The article covers a problem of support of guarantees of human rights. Analysis of meanings of concepts ‘a social right’ and ‘an economic right’ is conducted. Great attention is paid to investigation of legal regulation of human rights and organizational reform related to introduction for consideration by the President of the Russian Federation a draft of law ‘Investigative Committee of the Russian Federation’. A place of scientific concepts of inquest, procurator’s supervision in preliminary investigation of crimes is set.
Ключевые слова / Keywords:
human rights, guarantees of human rights, investigative committee, inquest, preliminary investigation, procurator’s supervision.
Аннотация / Annotation:
The article covers a problem of support of guarantees of human rights. Analysis of meanings of concepts ‘a social right’ and ‘an economic right’ is conducted. Great attention is paid to investigation of legal regulation of human rights and organizational reform related to introduction for consideration by the President of the Russian Federation a draft of law ‘Investigative Committee of the Russian Federation’. A place of scientific concepts of inquest, procurator’s supervision in preliminary investigation of crimes is set.
Ключевые слова / Keywords:
human rights, guarantees of human rights, investigative committee, inquest, preliminary investigation, procurator’s supervision.
IVANOVA L.A. Ivanova L.A. – Applicant of the International Juridical Institute
A Concept of Legal Monitoring in the Russian Federation
Страницы / Pages: 170-175
Аннотация / Annotation:
The article covers goals, tasks, principles and objects of legal monitoring in Russia. Value of monitoring of the Constitution of the Russian Federation is described.
Ключевые слова / Keywords:
legal monitoring, goals of legal monitoring, tasks of legal monitoring, principles of organization of legal monitoring, objects of legal monitoring, monitoring of regulations of the Constitution of the Russian Federation, a concept of legal monitoring.
Аннотация / Annotation:
The article covers goals, tasks, principles and objects of legal monitoring in Russia. Value of monitoring of the Constitution of the Russian Federation is described.
Ключевые слова / Keywords:
legal monitoring, goals of legal monitoring, tasks of legal monitoring, principles of organization of legal monitoring, objects of legal monitoring, monitoring of regulations of the Constitution of the Russian Federation, a concept of legal monitoring.