Право и образование
№ 01 • 2014
EDUCATIONAL LAW
SMOLIN O.N. Smolin O.N. – Doctor of Philosophy, Professor, Honored Teacher of the Higher School of the Russian Federation
The Federal Law of Education in the Russian Federation: a Problem of Choice?
Страницы / Pages: 4-16
Аннотация / Annotation:
An author conducts a critical analysis of the Federal Law of Education in the Russian Federation showing its advantages and disadvantages.
Ключевые слова / Keywords:
law of education, a law, education, legal regulation, a legislation, an educational law, legal acts in education.
Аннотация / Annotation:
An author conducts a critical analysis of the Federal Law of Education in the Russian Federation showing its advantages and disadvantages.
Ключевые слова / Keywords:
law of education, a law, education, legal regulation, a legislation, an educational law, legal acts in education.
VOLCHANSKAYA L.M. Volchanskaya L.M. – PhD in Law, decent
EXECUTION OF THE AGREEMENT FOR PAID EDUCATIONAL SERVICES
Страницы / Pages: 17-23
Аннотация / Annotation:
The article is devoted to the fulfilment of obligations, which arise from the agreements for paid educational services, negotiated by the organizations involved in higher education with the persons to be enrolled in training, as well as the natural or legal persons who are obliged to pay for it.
Ключевые слова / Keywords:
performance of the contract, obligation, educational services, student, customer, contractor, repudiation of a contract.
Аннотация / Annotation:
The article is devoted to the fulfilment of obligations, which arise from the agreements for paid educational services, negotiated by the organizations involved in higher education with the persons to be enrolled in training, as well as the natural or legal persons who are obliged to pay for it.
Ключевые слова / Keywords:
performance of the contract, obligation, educational services, student, customer, contractor, repudiation of a contract.
MALKIN O. Malkin O. – PhD in Law
Reimbursement of expenses related to employee training: legal control and court practice
Страницы / Pages: 24-37
Аннотация / Annotation:
The article examines conditions of compensation of employee’s costs associated with his being trained by employer. Particular attention is paid to the interpretation of the phrase “dismissal without a justifiable reason” as a reason for reimbursement of expenses for employee’s training, to the composition and reduction of recoverable costs. Practical recommendations are given in order to protect interests of both in the case of employee being trained at the expense of employer.
Ключевые слова / Keywords:
costs recovery, training, employer, employee, contract, justifiable reason.
Аннотация / Annotation:
The article examines conditions of compensation of employee’s costs associated with his being trained by employer. Particular attention is paid to the interpretation of the phrase “dismissal without a justifiable reason” as a reason for reimbursement of expenses for employee’s training, to the composition and reduction of recoverable costs. Practical recommendations are given in order to protect interests of both in the case of employee being trained at the expense of employer.
Ключевые слова / Keywords:
costs recovery, training, employer, employee, contract, justifiable reason.
VASILENKO A.A. Vasilenko A.A. – candidate of Juridical Sciences, associate professor
The educational relations regulated by the civil legislation
Страницы / Pages: 38-41
Аннотация / Annotation:
The article is devoted of studying of the educational relations regulated by the civil legislation of the Republic of Belarus. Using statements of the Civil code of the Republic of Belarus, the analysis of educational relations are conducted. The special attention is given to research of educational relations in a context of the effective Code of Education of the Republic of Belarus.
Ключевые слова / Keywords:
educational relations, the civil legislation, the educational law.
JURIDICAL EDUCATIONАннотация / Annotation:
The article is devoted of studying of the educational relations regulated by the civil legislation of the Republic of Belarus. Using statements of the Civil code of the Republic of Belarus, the analysis of educational relations are conducted. The special attention is given to research of educational relations in a context of the effective Code of Education of the Republic of Belarus.
Ключевые слова / Keywords:
educational relations, the civil legislation, the educational law.
IVANOVA S.A. Ivanova S.A. – Doctor of Law, Professor
PASHENTSEV D.A. Pashentsev D.A. – Doctor of Law, Professor
The development of legal education: problems and prospects
Страницы / Pages: 42-47
Аннотация / Annotation:
The paper analyzes the problems of legal education in modern Russia, identified factors that determine its dynamics . It shows the main directions and ways to improve legal education. Revealed the possibility of using the mechanism of professional public accreditation to improve the quality of legal education. The proposal for efficiency improvement with employers in monitoring the quality of education is given.
Ключевые слова / Keywords:
legal education, law, master’s, professional and public accreditation.
Аннотация / Annotation:
The paper analyzes the problems of legal education in modern Russia, identified factors that determine its dynamics . It shows the main directions and ways to improve legal education. Revealed the possibility of using the mechanism of professional public accreditation to improve the quality of legal education. The proposal for efficiency improvement with employers in monitoring the quality of education is given.
Ключевые слова / Keywords:
legal education, law, master’s, professional and public accreditation.
GADZHIEVA P.D. Gadzhieva P.D. – PhD in Pedagogy
A Competence Approach in Training Future Law Specialists
Страницы / Pages: 48-54
Аннотация / Annotation:
This article covers a problem of quality management in a field of specialists’ training in conditions of modernization of a system of higher education. Possibilities of a competence approach in an educational process of a university are described.
Ключевые слова / Keywords:
modernization of education, a competence approach, competence.
ISSUES OF EDUCATIONАннотация / Annotation:
This article covers a problem of quality management in a field of specialists’ training in conditions of modernization of a system of higher education. Possibilities of a competence approach in an educational process of a university are described.
Ключевые слова / Keywords:
modernization of education, a competence approach, competence.
BRUTYAN V.A. Brutyan V.A. – PhD in Pedagogy, Associate Professor
Legal Education as one of Means of Negotiation of Legal Nihilism in the Armenian Republic
Страницы / Pages: 55-64
Аннотация / Annotation:
The article covers one of actual problems of legal regulation such as legal nihilism. The author analyses reasons of legal nihilism and proposes a solution for this problem through legal education.
Ключевые слова / Keywords:
legal education, legal nihilism, legal educational policy, a legal state, legal culture.
Аннотация / Annotation:
The article covers one of actual problems of legal regulation such as legal nihilism. The author analyses reasons of legal nihilism and proposes a solution for this problem through legal education.
Ключевые слова / Keywords:
legal education, legal nihilism, legal educational policy, a legal state, legal culture.
DOLGOVA E.A.
Dolgova E.A.
–
Legal education in humane universities as a mean of development of legal consciousness of students
Страницы / Pages: 65-70
Аннотация / Annotation:
Legal education as a part of educational process in high school is very important thing for development of high level of legal consciousness of students. Necessity of legal educational work in interaction with political, moral, ethic and esthetic education is set. An author proposes some methods of increasing effectiveness of legal education in high school taking into account specifics of legal education of student in modern Russian society.
Ключевые слова / Keywords:
legal consciousness, legal culture, education, legal education, forms of educational work.
Аннотация / Annotation:
Legal education as a part of educational process in high school is very important thing for development of high level of legal consciousness of students. Necessity of legal educational work in interaction with political, moral, ethic and esthetic education is set. An author proposes some methods of increasing effectiveness of legal education in high school taking into account specifics of legal education of student in modern Russian society.
Ключевые слова / Keywords:
legal consciousness, legal culture, education, legal education, forms of educational work.
TROFIMOVA G.A
Trofimova G.A
–
Classical methods of education at modern school
Страницы / Pages: 71-77
Аннотация / Annotation:
The modern education system has own priorities: equal rights of pupils and the teacher, an eminence of personal interests of the child over public, not restriction of the rights of pupils. In this regard becomes important to find out, what tendencies of education of school students today, how classical methods of education are involved in school, whether there is an alternative to them;
Ключевые слова / Keywords:
secondary education, school, education system, education of school students, education methods, discipline of pupils.
SCIENTIFIC MESSAGESАннотация / Annotation:
The modern education system has own priorities: equal rights of pupils and the teacher, an eminence of personal interests of the child over public, not restriction of the rights of pupils. In this regard becomes important to find out, what tendencies of education of school students today, how classical methods of education are involved in school, whether there is an alternative to them;
Ключевые слова / Keywords:
secondary education, school, education system, education of school students, education methods, discipline of pupils.
REPIN E.YA.
Repin E.Ya.
–
MANSUROV L.N. Mansurov l.N. – Doctor of Technical Sciences, Professor
BYCHKOVA A.A.
Bychkova A.A.
–
The scientific potential – the basis of the knowledge economy of the country
Страницы / Pages: 78-85
Аннотация / Annotation:
University science, which is a key element of the country’s scientific potential, to a large extent determines the quality of excellence in higher education. In this regard, in recent years, increasing attention is paid to the development of scientific potential of the university, which implies the potential of the teaching staff, scientific and technical resources of universities, established scientific schools in the implementation of research, along with the training of highly qualified specialists and scientists.
Ключевые слова / Keywords:
knowledge economy, scientific potential, innovative economy.
Аннотация / Annotation:
University science, which is a key element of the country’s scientific potential, to a large extent determines the quality of excellence in higher education. In this regard, in recent years, increasing attention is paid to the development of scientific potential of the university, which implies the potential of the teaching staff, scientific and technical resources of universities, established scientific schools in the implementation of research, along with the training of highly qualified specialists and scientists.
Ключевые слова / Keywords:
knowledge economy, scientific potential, innovative economy.
TRETYAKOVA О. Tretyakova О. – candidate of Political Sciences, Associate Professor
Legal journalism as a reflection of the legal life
Страницы / Pages: 86-98
Аннотация / Annotation:
The article is devoted to legal journalism that implements the functions of cognition, legal education, public education and training, as well as of prevention, law enforcement and advocacy. Particular attention is paid to the legal issues and genres of journalism that reflects the legal life.
Ключевые слова / Keywords:
legal life, media, functions of legal journalism, соntent of legal journalism, genres of legal journalism.
Аннотация / Annotation:
The article is devoted to legal journalism that implements the functions of cognition, legal education, public education and training, as well as of prevention, law enforcement and advocacy. Particular attention is paid to the legal issues and genres of journalism that reflects the legal life.
Ключевые слова / Keywords:
legal life, media, functions of legal journalism, соntent of legal journalism, genres of legal journalism.
VULAKH M.G. Vulakh M.G. – candidate of jurisprudence, associate professor
About administrative and legal problems of development of professional sports in Russia
Страницы / Pages: 99-105
Аннотация / Annotation:
In the scientific publication features of a conceptual framework of the Federal law “About physical culture and sport in the Russian Federation” reveal and problem aspects of ratios of separate categories in the field of sports activity are designated. Standard sources and the positions of leading scientists-jurists devoted to reforming of the legal sports relations are investigated. The questions of use of sports objects after carrying out Olympic Games in Sochi in 2014 are raised.
Ключевые слова / Keywords:
public administration, physical culture and sport, organizational legal relations, professional sports, public authorities, sports constructions.
Аннотация / Annotation:
In the scientific publication features of a conceptual framework of the Federal law “About physical culture and sport in the Russian Federation” reveal and problem aspects of ratios of separate categories in the field of sports activity are designated. Standard sources and the positions of leading scientists-jurists devoted to reforming of the legal sports relations are investigated. The questions of use of sports objects after carrying out Olympic Games in Sochi in 2014 are raised.
Ключевые слова / Keywords:
public administration, physical culture and sport, organizational legal relations, professional sports, public authorities, sports constructions.
KHABAROV S.A. Khabarov S.A. – Candidate of Jurisprudence, associate professor
Some trends in financial derivatives regulation (issues of teaching and legislative practices)
Страницы / Pages: 106-116
Аннотация / Annotation:
The article dwells upon some issues of the history of development, current state of affairs and reform of the Russian financial derivatives regulation within the context of teaching and legislative practices.
Ключевые слова / Keywords:
derivative financial instruments, derivatives, option contract, forward contract, future contract, swap, credit default swap, securities.
Аннотация / Annotation:
The article dwells upon some issues of the history of development, current state of affairs and reform of the Russian financial derivatives regulation within the context of teaching and legislative practices.
Ключевые слова / Keywords:
derivative financial instruments, derivatives, option contract, forward contract, future contract, swap, credit default swap, securities.
PANCHENKO V.YU. Panchenko V.Yu. – PhD in Law, Associate Professor
Main directions of the judicial policy in promoting the implementation of the legal rights and interests
Страницы / Pages: 117-124
Аннотация / Annotation:
The paper covers the political and legal analysis of the main forms of legal assistance in implementing legal rights and interests in the judicial activity: judicial and legal information (or) counseling, assistance in obtaining evidence to the parties, the formation of the judicial practice on issues related to the provision of legal aid, the formation of the judicial practice on issues related to the adoption of interim measures.
Ключевые слова / Keywords:
legal assistance in the implementation of rights and legitimate interests, justice, legal aid, legal policy, judicial policy.
Аннотация / Annotation:
The paper covers the political and legal analysis of the main forms of legal assistance in implementing legal rights and interests in the judicial activity: judicial and legal information (or) counseling, assistance in obtaining evidence to the parties, the formation of the judicial practice on issues related to the provision of legal aid, the formation of the judicial practice on issues related to the adoption of interim measures.
Ключевые слова / Keywords:
legal assistance in the implementation of rights and legitimate interests, justice, legal aid, legal policy, judicial policy.
KALNEY M.S. Kalney M.S. – PhD
An Institute of Juvinile Justice and Character of Its Influence on Development of Personal Identity
Страницы / Pages: 125-132
Аннотация / Annotation:
The article covers an analysis of an institute of juvenile justice its world view and methodological fundamentals. An analysis of contradictions between declared and latent functions of an institute of juvenile justice. Great attention is paid to utopic principles of opposition of family and social education. Pieces of art in antiutopia as a special caution against destruction of social and cultural identity of a person and institutes of development of this identity are represented.
Ключевые слова / Keywords:
juvenile justice, a family, initial socialization, personal identity.
A CRIMINAL LAWАннотация / Annotation:
The article covers an analysis of an institute of juvenile justice its world view and methodological fundamentals. An analysis of contradictions between declared and latent functions of an institute of juvenile justice. Great attention is paid to utopic principles of opposition of family and social education. Pieces of art in antiutopia as a special caution against destruction of social and cultural identity of a person and institutes of development of this identity are represented.
Ключевые слова / Keywords:
juvenile justice, a family, initial socialization, personal identity.
HILYUTA V.V. Hilyuta V.V. – PhD, Associate Professor
Why embezzlement is not a form of theft?
Страницы / Pages: 133-141
Аннотация / Annotation:
The article deals with the understanding of the waste as a form of theft. The author substantiates the idea according to which the embezzlement is a form of appropriation and can not be an independent form of theft. The examples of forensic investigative practices and analyzes of scientific and theoretical concepts.
Ключевые слова / Keywords:
embezzlement, theft, embezzlement, theft of forms.
Аннотация / Annotation:
The article deals with the understanding of the waste as a form of theft. The author substantiates the idea according to which the embezzlement is a form of appropriation and can not be an independent form of theft. The examples of forensic investigative practices and analyzes of scientific and theoretical concepts.
Ключевые слова / Keywords:
embezzlement, theft, embezzlement, theft of forms.
LOBA V.E. Loba V.E. – PhD in Law
An Issue of Castration as a Method of Fighting against Pedophilia
Страницы / Pages: 142-146
Аннотация / Annotation:
An issue of castration as a mean of fighting against pedophilia is considered in the article.
Ключевые слова / Keywords:
castration, fighting against pedophilia, a punishment, a crime.
Аннотация / Annotation:
An issue of castration as a mean of fighting against pedophilia is considered in the article.
Ключевые слова / Keywords:
castration, fighting against pedophilia, a punishment, a crime.
ANTONOVA G.
Antonova G.
–
Intentional causing of serious bodily injury in the system of crimes against health. Personality analysis of the criminal committing crimes provided for by Article 111 of the criminal Code of Russian Federation
Страницы / Pages: 147-150
Аннотация / Annotation:
Protection of person’s life and health is one of the priorities of criminal law. This priority is provided for by the criminal Code of the Russian Federation, which is one of the main guarantors of realization of the right to health enshrined in the Constitution of Russia. The article addresses the general concepts as well as the criteria and the kinds of crimes against health. The main criminological characteristics of the criminal committing crimes envisaged by Article 111 of the criminal Code of Russian Federation are viewed.
Ключевые слова / Keywords:
intentional causing of serious bodily injury, personality of a criminal committing crimes provided for by Article 111 of the criminal Code of Russian Federation.
PAGES OF HISTORYАннотация / Annotation:
Protection of person’s life and health is one of the priorities of criminal law. This priority is provided for by the criminal Code of the Russian Federation, which is one of the main guarantors of realization of the right to health enshrined in the Constitution of Russia. The article addresses the general concepts as well as the criteria and the kinds of crimes against health. The main criminological characteristics of the criminal committing crimes envisaged by Article 111 of the criminal Code of Russian Federation are viewed.
Ключевые слова / Keywords:
intentional causing of serious bodily injury, personality of a criminal committing crimes provided for by Article 111 of the criminal Code of Russian Federation.
MOROZ E.V. Moroz E.V. – Doctor of History, Associate Professor
The legal concept of P.I. Novgorodtsev: spiritual foundation of the freedom and right
Страницы / Pages: 151-161
Аннотация / Annotation:
The analysis of the legal concept of P.I. Novgorodtsev is given in the article. This concept is based on the methodology of «revived» natural law and is one of the most developed Russian liberal theories. Study of the historical development of state and law in terms of the impact of a moral nature is a main content of P.I. Novgorodtsev,s works.
Ключевые слова / Keywords:
law, government, naturally-legal, legal consciousness, morality.
Аннотация / Annotation:
The analysis of the legal concept of P.I. Novgorodtsev is given in the article. This concept is based on the methodology of «revived» natural law and is one of the most developed Russian liberal theories. Study of the historical development of state and law in terms of the impact of a moral nature is a main content of P.I. Novgorodtsev,s works.
Ключевые слова / Keywords:
law, government, naturally-legal, legal consciousness, morality.
TIMOFEEVA A.A. Timofeeva A.A. – Ph.D. in History, professor
The problems of the Russian state and law in the context of the educational component
Страницы / Pages: 162-167
Аннотация / Annotation:
The article considers the problems of studying and teaching the history of the Russian state and law at the University. The author suggests some recommendations and methodological techniques contributing to the formation of students’ scientific knowledge.
Ключевые слова / Keywords:
education, methodology, historiography, history.
A SCIENTIFIC DEBUTАннотация / Annotation:
The article considers the problems of studying and teaching the history of the Russian state and law at the University. The author suggests some recommendations and methodological techniques contributing to the formation of students’ scientific knowledge.
Ключевые слова / Keywords:
education, methodology, historiography, history.
KRIVENKO O.A.
Krivenko O.A.
–
The theme of «the prodigal son» in the works of K.N. Leont’yev as a means of actualization of spiritually-moral education
Страницы / Pages: 168-177
Аннотация / Annotation:
The article considers the problem of moral education and upbringing of modern youth through the use of historical and cultural heritage of Russia. Among the components of this heritage acts creativity of the Russian thinker K.N. Leont’yev and his little-known works – the novel «Odyssey Poliakhroniadis» and the novel «the Child soul». Sets one of the key motives of creativity Leont’yev «eldership in infancy» – through the analysis of spiritually edifying of ideas that can have a significant impact on the formation of spiritual-moral culture of the young man and orienting the reader to the true spiritual values.
Ключевые слова / Keywords:
spirituality, morality, values, K.N. Leont’yev, «the prodigal son», education.
Аннотация / Annotation:
The article considers the problem of moral education and upbringing of modern youth through the use of historical and cultural heritage of Russia. Among the components of this heritage acts creativity of the Russian thinker K.N. Leont’yev and his little-known works – the novel «Odyssey Poliakhroniadis» and the novel «the Child soul». Sets one of the key motives of creativity Leont’yev «eldership in infancy» – through the analysis of spiritually edifying of ideas that can have a significant impact on the formation of spiritual-moral culture of the young man and orienting the reader to the true spiritual values.
Ключевые слова / Keywords:
spirituality, morality, values, K.N. Leont’yev, «the prodigal son», education.