Право и образование
№ 01 • 2012
EDUCATIONAL LAW
BARABANOVA S.V. Barabanova S.V. – Professor of the Department of Legal Studies of Kazan National Research Technological University, Doctor of Law, Associate Professor
ZIYATDINOVA YU.N. Ziyatdinova Yu.N. – Head of the Department of Foreign Languages in Professional Communications of Kazan National Research Technological University, PhD in Pedagogy, Associate Professor
Problems and Challenges of Development of the Legislation of Education in Conditions of International Integration and Globalization
Страницы / Pages: 4-19
Аннотация / Annotation:
The article covers a problem of development of Russian legislation of education in connection with inclusion of Russia into the Bologna Agreement and necessity of its adaptation to integration processes. Great attention is paid to foreign experience of legal regulation of relations in a sphere of higher education.
Ключевые слова / Keywords:
educational law, academic mobility, international partnership, supplementary education, a student, a draft of law.
Аннотация / Annotation:
The article covers a problem of development of Russian legislation of education in connection with inclusion of Russia into the Bologna Agreement and necessity of its adaptation to integration processes. Great attention is paid to foreign experience of legal regulation of relations in a sphere of higher education.
Ключевые слова / Keywords:
educational law, academic mobility, international partnership, supplementary education, a student, a draft of law.
OZHIGANOVA M.V. Ozhiganova M.V. – Associate Professor of the Department of Educational Law of the Institute for Sociology and Law of Russian State Professional and Pedagogic University, PhD in Law
Some Issues of State Policy in a Field of Professional Education in Russia
Страницы / Pages: 20-25
Аннотация / Annotation:
A series of issues of state policy in a field of professional education within a context of the existing legislation and a draft of the federal law ‘Education in the Russian Federation’ is analyzed in the article.
Ключевые слова / Keywords:
state policy, professional education, legal support.
Аннотация / Annotation:
A series of issues of state policy in a field of professional education within a context of the existing legislation and a draft of the federal law ‘Education in the Russian Federation’ is analyzed in the article.
Ключевые слова / Keywords:
state policy, professional education, legal support.
POLYANINA A.K. Polyanina A.K. – Senior Teacher of the Department of Civil and Legal Disciplines of Moscow Regional Institute for the Humanities, PhD in Sociology
Credibility of Law for Students Studying Jurisprudence
Страницы / Pages: 26-30
Аннотация / Annotation:
A problem of a lack of credibility of law as a component of legal culture is considered; an attempt to determine this event is made. Necessity of development and strengthening of credibility of law in a society is reasoned.
Ключевые слова / Keywords:
credibility of law, juridical education, legal consciousness, credibility of power, legal behavior.
TEACHING OF LAWАннотация / Annotation:
A problem of a lack of credibility of law as a component of legal culture is considered; an attempt to determine this event is made. Necessity of development and strengthening of credibility of law in a society is reasoned.
Ключевые слова / Keywords:
credibility of law, juridical education, legal consciousness, credibility of power, legal behavior.
VANEEV O.N. Vaneev O.N. – Advisor of Expert and Legal Administration of the Legislative Assembly of Krasnoyarsk Region, PhD in Law
A Problem of Teaching of a Municipal Law: Some Aspects of Conducting Seminars and Independent Student’s Work
Страницы / Pages: 31-37
Аннотация / Annotation:
The article covers problems of teaching a municipal law in Russia. The author proposes to use informaton and communication technologies and active and interactive forms of conducting seminars actively in an educational process. The Federal Law dated February 9, 2009, No.8-FZ (edition July 11, 2011) ‘Access to Information of Activity of State Authorities and Local Authorities’ enables a student to conduct a content analysis of officical websites of local authorities and take part in municipal life of a municipality, where a university is located.
Ключевые слова / Keywords:
a municipal law, an educational discipline, a seminar, information and communication technologies, juridical education.
Аннотация / Annotation:
The article covers problems of teaching a municipal law in Russia. The author proposes to use informaton and communication technologies and active and interactive forms of conducting seminars actively in an educational process. The Federal Law dated February 9, 2009, No.8-FZ (edition July 11, 2011) ‘Access to Information of Activity of State Authorities and Local Authorities’ enables a student to conduct a content analysis of officical websites of local authorities and take part in municipal life of a municipality, where a university is located.
Ключевые слова / Keywords:
a municipal law, an educational discipline, a seminar, information and communication technologies, juridical education.
KVITSINIYA N.V. Kvitsiniya N.V. – Associate Professor of the Department of Law of the State Educational Institution for Higher Professional Education ‘Volgograd State Social and Pedagogic University’, PhD in Law
THEORETICAL AND METHODICAL SPECIFICS OF TEACHING OF LABOR LAW: SEARCHING NEW METHODS
Страницы / Pages: 38-45
Аннотация / Annotation:
The article covers research of methods of teaching a science and discipline ‘Labor Law’, searching variants of their improvement and developing new methods of teaching. Influence of studying of labor law on development of personal and professional qualities of a student is investigated in the article.
Ключевые слова / Keywords:
labor law, an educational process, interactive learning, development of independent position by a student.
ISSUES OF EDUCATIONАннотация / Annotation:
The article covers research of methods of teaching a science and discipline ‘Labor Law’, searching variants of their improvement and developing new methods of teaching. Influence of studying of labor law on development of personal and professional qualities of a student is investigated in the article.
Ключевые слова / Keywords:
labor law, an educational process, interactive learning, development of independent position by a student.
SKRIPCHENKO N.YU. Skripchenko N.Yu. – Associate Professor of the Department of Criminal Law and Procedures of FGAOU VPO ‘Nothern Arctic Federal University in the name of M.V. Lomonosov’, PhD in Law
Legal Regulation of Enforcement Measures of Education Should Be Improved
Страницы / Pages: 46-58
Аннотация / Annotation:
The article covers an analysis of existing criminal legislation regulating enforcement measures of education. Authors show problems and contradictions in legislative regulation and propose ways for solving these problems.
Ключевые слова / Keywords:
enforcement measures of education, legal regulation, minors.
Аннотация / Annotation:
The article covers an analysis of existing criminal legislation regulating enforcement measures of education. Authors show problems and contradictions in legislative regulation and propose ways for solving these problems.
Ключевые слова / Keywords:
enforcement measures of education, legal regulation, minors.
VLADYKINA T.A. Vladykina T.A. – Associate Professor of Blagoveshchensk Branch of the Modern University for the Humanities, PhD in Law
Breach of Duties of Education of Minors: a Punishment
Страницы / Pages: 59-70
Аннотация / Annotation:
The author shows problems of imposing and executing punishment for a crime set in the article 156 of the Criminal Code of the Russian Federation and proposes possible solutions on the basis of analysis of criminal and procedural legislation, court practice and activities of criminal and procedural inspections.
Ключевые слова / Keywords:
a child, criminal responsibility of parents or other people bearing responsibility for educating a minor, punishment, a convicted, correctional labor, compulsory community service, imprisonment, effectiveness of punishment.
A THEORY OF LAWАннотация / Annotation:
The author shows problems of imposing and executing punishment for a crime set in the article 156 of the Criminal Code of the Russian Federation and proposes possible solutions on the basis of analysis of criminal and procedural legislation, court practice and activities of criminal and procedural inspections.
Ключевые слова / Keywords:
a child, criminal responsibility of parents or other people bearing responsibility for educating a minor, punishment, a convicted, correctional labor, compulsory community service, imprisonment, effectiveness of punishment.
PANCHENKO V.YU. Panchenko V.Yu. – Associate Professor of the Department of Theory of State and Law of Siberian Federal University, PhD in Law
Modern Interpretation of Law and Legal Aid as a Warranty of Human Rights
Страницы / Pages: 71-82
Аннотация / Annotation:
The article covers issues of modern interpretation of law related to such a mean of support of human rights and freedoms of a citizen as legal aid. The author analyzes a series of modern approaches to legal interpretation such as humancentric, instrumental, communicative and dialogical approaches and their role in cognition and explanation of a phenomenon of legal aid and makes a conclusion of necessity of integrative interpretation of law.
Ключевые слова / Keywords:
interpretation of law, legal aid, humancentric approach to law, an instrumental theory of law, a communicative theory of law, a dialogical theory of law, integrative interpretation of law.
Аннотация / Annotation:
The article covers issues of modern interpretation of law related to such a mean of support of human rights and freedoms of a citizen as legal aid. The author analyzes a series of modern approaches to legal interpretation such as humancentric, instrumental, communicative and dialogical approaches and their role in cognition and explanation of a phenomenon of legal aid and makes a conclusion of necessity of integrative interpretation of law.
Ключевые слова / Keywords:
interpretation of law, legal aid, humancentric approach to law, an instrumental theory of law, a communicative theory of law, a dialogical theory of law, integrative interpretation of law.
OSMOLOVSKAYA YA.A. Osmolovskaya Ya.A. – Senior Teacher Smolensk State University
Legal Nature and Problems of Ratio between Concepts ‘Freedom of Contracts’ and ‘Freedom of Bargains’ in Civil Law
Страницы / Pages: 83-92
Аннотация / Annotation:
Legal nature of such legal categories of civil law as ‘freedom of contracts’ and ‘freedom of bargains’ is investigated in the article. It is concluded that there is no correct definition of a concept ‘freedom of bargains’ that can express a nature of this legal category, in civil law.
Ключевые слова / Keywords:
freedom of contracts, freedom of bargains, a contract, a bargain, ratio between a contract and a bargain.
DISCUSSING A PROBLEMАннотация / Annotation:
Legal nature of such legal categories of civil law as ‘freedom of contracts’ and ‘freedom of bargains’ is investigated in the article. It is concluded that there is no correct definition of a concept ‘freedom of bargains’ that can express a nature of this legal category, in civil law.
Ключевые слова / Keywords:
freedom of contracts, freedom of bargains, a contract, a bargain, ratio between a contract and a bargain.
DAMASKIN O.V. Damaskin O.V. – Professor of the Department of Military Administration of the Military University of the Ministry of Defense of Russia, Doctor of Law, Professor, Honored Jurist of the Russian Federation
Criminological Aspects of Legal Work of Military Authorities
Страницы / Pages: 93-105
Аннотация / Annotation:
Criminological aspects of legal work of military authorities are considered in the article; needs and abilities of studying legal consciousness of military men for contradicting criminality, and legal enforcement are shown.
Ключевые слова / Keywords:
legal work, legal consciousness, public opinion, contradicting criminality, legality, legal order.
Аннотация / Annotation:
Criminological aspects of legal work of military authorities are considered in the article; needs and abilities of studying legal consciousness of military men for contradicting criminality, and legal enforcement are shown.
Ключевые слова / Keywords:
legal work, legal consciousness, public opinion, contradicting criminality, legality, legal order.
TURANIN V.YU. Turanin V.Yu. – Associate Professor of the Department of Labor and Entrepreneurial Law of the National Research University ‘Belgorod State University’, PhD in Law, Associate Professor
IVANOVA S.I. Ivanova S.I. – Deputy Director of JCS ‘The Legal Center ‘Kurs’
MAKEROV I.V. Makerov I.V. – Expert-Specialist of the Juridical Department of the Pension Fund of the Russian Federation in Belgorod Region
Legal Fundament of a National Innovative System in Russia: Problems and Challenges
Страницы / Pages: 106-111
Аннотация / Annotation:
A concept ‘national innovative system’ is investigated in the article; appropriate existing problems of legal regulation of innovative activity are considered; possible ways of development of legal fundament of a national innovative system in Russia are proposed.
Ключевые слова / Keywords:
innovations, a national innovative system, legal and regulatory basis.
Аннотация / Annotation:
A concept ‘national innovative system’ is investigated in the article; appropriate existing problems of legal regulation of innovative activity are considered; possible ways of development of legal fundament of a national innovative system in Russia are proposed.
Ключевые слова / Keywords:
innovations, a national innovative system, legal and regulatory basis.
LITYAGIN N.N. Lityagin N.N. – Associate Professor of the Department of Civil Law and Procedures of MUH, PhD in Economics, Associate Professor
A Role of Investments in Public Reproduction: Legal Support of State Investment Policy
Страницы / Pages: 112-121
Аннотация / Annotation:
Social and economic value of investments and factors influencing on investment environment are considered in the article. Great attention is paid to legal prerequisites of investment effecting directly and indirectly on ‘investing climate’. By author’s opinion state investment policy should be represented in adequate legal form and priority purposes of investment policy should be set through legal means.
Ключевые слова / Keywords:
social and economic value of investments, legal prerequisites of investments, state investment policy, legal support of investment policy in the Russian Federation.
Аннотация / Annotation:
Social and economic value of investments and factors influencing on investment environment are considered in the article. Great attention is paid to legal prerequisites of investment effecting directly and indirectly on ‘investing climate’. By author’s opinion state investment policy should be represented in adequate legal form and priority purposes of investment policy should be set through legal means.
Ключевые слова / Keywords:
social and economic value of investments, legal prerequisites of investments, state investment policy, legal support of investment policy in the Russian Federation.
CHELYSHEVA N.YU. Chelysheva N.Yu. – Associate Professor of the Department of Private Law of Ural Academy for the State Service, PhD in Law, Yekaterinburg
Legal Nature of Transfer of ‘Protocol’ Gifts to State Property
Страницы / Pages: 122-130
Аннотация / Annotation:
The article covers a problem of legal regulation of relations arising in a case of giving valuable gifts to state and local authorities. This situation is legally regulated now in modern Russian civil law and many researches have criminal and juridical focus. The author attempts theoretically realize legal nature of relations from the point of view of civil sciences. This publication includes a note of such relations in pre-revolutionary Russia and experience of foreign researchers is represented.
Ключевые слова / Keywords:
donation, appropriation, property, corruption.
Аннотация / Annotation:
The article covers a problem of legal regulation of relations arising in a case of giving valuable gifts to state and local authorities. This situation is legally regulated now in modern Russian civil law and many researches have criminal and juridical focus. The author attempts theoretically realize legal nature of relations from the point of view of civil sciences. This publication includes a note of such relations in pre-revolutionary Russia and experience of foreign researchers is represented.
Ключевые слова / Keywords:
donation, appropriation, property, corruption.
ZHARKOVA G.A. Zharkova G.A. – Associate Professor of the Department for Information Technologies of Ulyanovsk State University, PhD in Pedagogy
COMPLEX APPROACHES TO DEVELOPMENT OF INFORMATION CULTURE OF A PERSONALITY
Страницы / Pages: 131-138
Аннотация / Annotation:
Issues related to approaches to development of information culture are considered in the article. Situational and forecasting approaches to creation and development are proposed; and they can be considered as a valuable charecteristic of development and self-actualization, activity and communication of a person in social and information environment. Valuable orientations of a person from the point of view of development of information culture are shown.
Ключевые слова / Keywords:
information culture, a situational approach, a forecasting approach, a complex approach, valuable orietations.
SCIENTIFIC DEBUTАннотация / Annotation:
Issues related to approaches to development of information culture are considered in the article. Situational and forecasting approaches to creation and development are proposed; and they can be considered as a valuable charecteristic of development and self-actualization, activity and communication of a person in social and information environment. Valuable orientations of a person from the point of view of development of information culture are shown.
Ключевые слова / Keywords:
information culture, a situational approach, a forecasting approach, a complex approach, valuable orietations.
NOSKOV I.YU. Noskov I.Yu. – Acting Judge of the Arbitration Court, Moscow
Creation and Development of Theoretical Knowledge of Judicial Power: History and Modernity
Страницы / Pages: 139-148
Аннотация / Annotation:
Main stages of development of a bag of knowledge of judicial power are described in the article. Great attention is paid to development of knowledge of judicial power in Russia. It is concluded of creation of prerequisites for separation from a system of legal sciences a direction, that can be called ‘Theory and History of Judicial Power’.
Ключевые слова / Keywords:
development of judicial power, history of development of knwoledge of judicial power, a theory of judicial power, new scientific direction in legal studies.
Аннотация / Annotation:
Main stages of development of a bag of knowledge of judicial power are described in the article. Great attention is paid to development of knowledge of judicial power in Russia. It is concluded of creation of prerequisites for separation from a system of legal sciences a direction, that can be called ‘Theory and History of Judicial Power’.
Ключевые слова / Keywords:
development of judicial power, history of development of knwoledge of judicial power, a theory of judicial power, new scientific direction in legal studies.
OMELCHENKO N.V. Omelchenko N.V. – Postgraduate Student of teh Department of State and Legal Disciplines of Moscow New Institute of Law
Directors of Commercial Organizations as Independent Subjects of an Institute of Administrative Responsibility
Страницы / Pages: 149-156
Аннотация / Annotation:
The article covers one of the most important elements of administrative law such as aspects of implementation of adminisytrative and legal responsibility of directors of commercial organizations taking into account their complex legal status in a society, law and state. Interactions between a status of a director and an authority are shown in the article.
Ключевые слова / Keywords:
a director of an organization, administrative responsibility, a status of a director, an authority.
Аннотация / Annotation:
The article covers one of the most important elements of administrative law such as aspects of implementation of adminisytrative and legal responsibility of directors of commercial organizations taking into account their complex legal status in a society, law and state. Interactions between a status of a director and an authority are shown in the article.
Ключевые слова / Keywords:
a director of an organization, administrative responsibility, a status of a director, an authority.
USMANOVA L.M. Usmanova L.M. – Applicant of the Department of Theory and History of State and Law of the International Juridical Institute
Theoretical and Methodological Problems of Historic and Legal Research of Arising and Development of a Mechanism of Economic Disputes Resolution in Russia
Страницы / Pages: 157-163
Аннотация / Annotation:
The article covers solving theoretical and methodological tasks related to historic and legal researches of arising and development of a mechanism of economic disputes resolution in Russia.
Ключевые слова / Keywords:
a legal mechanism of economic discputes resolution, methodological value, legal principles of disputes resolution, legal institutes.
Аннотация / Annotation:
The article covers solving theoretical and methodological tasks related to historic and legal researches of arising and development of a mechanism of economic disputes resolution in Russia.
Ключевые слова / Keywords:
a legal mechanism of economic discputes resolution, methodological value, legal principles of disputes resolution, legal institutes.
LOSHAKOV A.V. Loshakov A.V. – Assistant of the Department of Physical Training of Ulyanovsk State Pedagogic University in the name of I.N. Ulyanov
Main Reasons of Criminality in Russia in Post-Civil War Period (1921–1922)
Страницы / Pages: 164-168
Аннотация / Annotation:
An analysis of negative social effects of post war time, in particular, mass homelessness, criminality, vandalism and other disorder, is given in the article.
Ключевые слова / Keywords:
a civil war, famine, a strike, a surplus appropriation system, anti-government demonstrations, the new economic policy.
Аннотация / Annotation:
An analysis of negative social effects of post war time, in particular, mass homelessness, criminality, vandalism and other disorder, is given in the article.
Ключевые слова / Keywords:
a civil war, famine, a strike, a surplus appropriation system, anti-government demonstrations, the new economic policy.
ORLOVA E.L. Orlova E.L. – Postgraduate Student of the Department of Civil Law of the Modern University for the Humanities
A Concept of Vim Dicere Protection of a Right of Property and Other Rights in case of Conceptual Changes of Civil Legislation of the Russian Federation
Страницы / Pages: 169-175
Аннотация / Annotation:
A concept of vim dicere protection of a right of property in case of conceptual changes of civil legislation of the Russian Federation is analyzed in the article. A concept of vim dicere protection is considered in relation of this form of protection with authority protection and a series of methods of property rights protection.
Ключевые слова / Keywords:
a property right, vim dicere protection, authority protection, an action, a concept, a project.
Аннотация / Annotation:
A concept of vim dicere protection of a right of property in case of conceptual changes of civil legislation of the Russian Federation is analyzed in the article. A concept of vim dicere protection is considered in relation of this form of protection with authority protection and a series of methods of property rights protection.
Ключевые слова / Keywords:
a property right, vim dicere protection, authority protection, an action, a concept, a project.