Право и образование
№ 01 • 2017
EDUCATIONAL LAW
NASONKIN V.V. Nasonkin V.V. – Grand PhD in Political sciences, PhD in Law
EREMINA O.YU.
Eremina O.Yu.
–
The education system «on rails» effective contract
Страницы / Pages: 4-13
Аннотация / Annotation:
The article analyzes the normative support of the process of implementation of the contract effective in the education system. The attention is focused on criteria and indicators of the effectiveness of detail of teachers on the basis of which there is a differentiation of wages of teachers.
Ключевые слова / Keywords:
education, evaluation, quality, effective contract performance indicators.
Аннотация / Annotation:
The article analyzes the normative support of the process of implementation of the contract effective in the education system. The attention is focused on criteria and indicators of the effectiveness of detail of teachers on the basis of which there is a differentiation of wages of teachers.
Ключевые слова / Keywords:
education, evaluation, quality, effective contract performance indicators.
BONDARENKO D.V. Bondarenko D.V. – PhD in Law
BALYKHIN V.N.
Balykhin V.N.
–
The legislation the subjects of the Russian Federation the “effective contract” in education
Страницы / Pages: 14-21
Аннотация / Annotation:
The article considers the most relevant to date in the concept of “effective contract” as a way of ensuring an adequate standard of living the standard of living of teachers of educational institutions of General education by bringing their average wage to the average wage in the region. However, this novel is a very complex in the technical legal sense, the category and type of registration of labor relations with the pedagogical employees. The implementation of the programme for the gradual improvement of the wage system by the introduction of “effective contract” as a new type of employment contracts has spawned a large number of practical issues in the practical level. Additional complexity in understanding the legal nature of an effective contract was caused by the contradictory understanding of it in different regions of our country.
Ключевые слова / Keywords:
employment agreement, effective contract, wages, performance of teaching staff, salaries, program improvement, legislation, the subject of the Russian Federation, the reform.
Аннотация / Annotation:
The article considers the most relevant to date in the concept of “effective contract” as a way of ensuring an adequate standard of living the standard of living of teachers of educational institutions of General education by bringing their average wage to the average wage in the region. However, this novel is a very complex in the technical legal sense, the category and type of registration of labor relations with the pedagogical employees. The implementation of the programme for the gradual improvement of the wage system by the introduction of “effective contract” as a new type of employment contracts has spawned a large number of practical issues in the practical level. Additional complexity in understanding the legal nature of an effective contract was caused by the contradictory understanding of it in different regions of our country.
Ключевые слова / Keywords:
employment agreement, effective contract, wages, performance of teaching staff, salaries, program improvement, legislation, the subject of the Russian Federation, the reform.
BORODINA Z.N. Borodina Z.N. – Ph.D., associate professor
Implementation of franchise relations in the sphere of educational services in Russia
Страницы / Pages: 22-34
Аннотация / Annotation:
The article deals with the legal regulation of commercial concession (franchise). An analysis of the ratio of the concepts of «commercial concession» and «franchise», identifies the common features of franchise agreement and franchise agreement, allowing data to recognize the identical terms. In order to improve the development of quality education, and accelerate the transformation of Russian intellectual, the author substantiates the feasibility of franchising relationships in the field of educational services.
Ключевые слова / Keywords:
commercial concession, franchise, educational franchise, concession agreement, the franchisor, the user, the franchisee, the franchisor, the complex of exclusive rights.
Аннотация / Annotation:
The article deals with the legal regulation of commercial concession (franchise). An analysis of the ratio of the concepts of «commercial concession» and «franchise», identifies the common features of franchise agreement and franchise agreement, allowing data to recognize the identical terms. In order to improve the development of quality education, and accelerate the transformation of Russian intellectual, the author substantiates the feasibility of franchising relationships in the field of educational services.
Ключевые слова / Keywords:
commercial concession, franchise, educational franchise, concession agreement, the franchisor, the user, the franchisee, the franchisor, the complex of exclusive rights.
SHCHERBININА I.V. Shcherbininа I.V. – Candidate of Juridical Sciences, Docent
Concerning the query about the problems of legal regulations in implementation area of safety working conditions in educational relations
Страницы / Pages: 35-44
Аннотация / Annotation:
According to the author, the relationship of providing security conditions of education in educational establishments fall under the protection of the article 143 of the Criminal Code of the Russian Federation along with the social relationships that provides safe working conditions. However, there are practical problems in implementation of Art. 143 of the Criminal Code «Violation of requirements in safety working conditions» as regards with facilitation of safety conditions in educational institutions. One of the solutions to the specified problems the author considers the requirement of aligning the legal normative acts in the field of occupational safety conditions as well as in education conditions; To change the concept «Protection of labor» in order to provide the necessary amendments in application the concept to education sphere beyond dispute.
Ключевые слова / Keywords:
safe working conditions; safety conditions in educational institutions; accidents in educational institutions; classification according to the article 143 of the Criminal Code of the Russian Federation.
MODERN EDUCATIONАннотация / Annotation:
According to the author, the relationship of providing security conditions of education in educational establishments fall under the protection of the article 143 of the Criminal Code of the Russian Federation along with the social relationships that provides safe working conditions. However, there are practical problems in implementation of Art. 143 of the Criminal Code «Violation of requirements in safety working conditions» as regards with facilitation of safety conditions in educational institutions. One of the solutions to the specified problems the author considers the requirement of aligning the legal normative acts in the field of occupational safety conditions as well as in education conditions; To change the concept «Protection of labor» in order to provide the necessary amendments in application the concept to education sphere beyond dispute.
Ключевые слова / Keywords:
safe working conditions; safety conditions in educational institutions; accidents in educational institutions; classification according to the article 143 of the Criminal Code of the Russian Federation.
SUSLOV A.YU. Suslov A.Yu. – doctor of historical Sciences
SALIMGAREEV M.V. Salimgareev M.V. – candidate of historical Sciences
KHAMMATOV S.S. Khammatov S.S. – candidate of historical Sciences
Features of the application of innovative methods the teaching of history in modern high school
Страницы / Pages: 45-55
Аннотация / Annotation:
This article deals with the peculiarities of the application of innovative methods in teaching history in high school. Socio-economic changes that have occurred in recent years have changed the look and education. It is now a question of new quality characteristics of the formation, rather than improving the quality of the former. Urgent now is to look at education as a means to build a man of his image in accordance with the value systems that he himself chose from among his proposals. In this regard, in the foreground stand the high demands on the quality of the educational process.
Ключевые слова / Keywords:
history, competence, competence approach, the method of case study, design and research approach, information technology, modernization.
Аннотация / Annotation:
This article deals with the peculiarities of the application of innovative methods in teaching history in high school. Socio-economic changes that have occurred in recent years have changed the look and education. It is now a question of new quality characteristics of the formation, rather than improving the quality of the former. Urgent now is to look at education as a means to build a man of his image in accordance with the value systems that he himself chose from among his proposals. In this regard, in the foreground stand the high demands on the quality of the educational process.
Ключевые слова / Keywords:
history, competence, competence approach, the method of case study, design and research approach, information technology, modernization.
EROSHENKOVA E.I. Eroshenkova E.I. – Ph.D., Associate Professor
EROSHENKOV N.V. Eroshenkov N.V. – Ph.D., Associate Professor
The value approach in the study of modern vocational education paradigms
Страницы / Pages: 56-63
Аннотация / Annotation:
The article defines the essence of the concepts of paradigm, axiological approach. The analysis values theocentric, ratsiotsentric and anthropocentric paradigm of education. The authors defined the priorities of modern vocational education from the standpoint of axiological approach.
Ключевые слова / Keywords:
vocational education, paradigm, educational paradigm, axiology, axiological approach.
Аннотация / Annotation:
The article defines the essence of the concepts of paradigm, axiological approach. The analysis values theocentric, ratsiotsentric and anthropocentric paradigm of education. The authors defined the priorities of modern vocational education from the standpoint of axiological approach.
Ключевые слова / Keywords:
vocational education, paradigm, educational paradigm, axiology, axiological approach.
EFREMOV I.A. Efremov I.A. – candidate of jurisprudence, associate professor
«Kukryniksa» in legal education
Страницы / Pages: 64-72
Аннотация / Annotation:
The reforming of Russian education continuing many years yields the results. Unfortunately, it is impossible to call these results positive. In this plan reforming of the higher legal education, and also control and supervision of him is indicative. The author given to a problem has devoted a number of works and the present article continues this subject.
Ключевые слова / Keywords:
the higher legal education, paid education, non-state educational institution, President of the Russian Federation, license, accreditation, supervision and control, inadequate supervision and control, what to do.
Аннотация / Annotation:
The reforming of Russian education continuing many years yields the results. Unfortunately, it is impossible to call these results positive. In this plan reforming of the higher legal education, and also control and supervision of him is indicative. The author given to a problem has devoted a number of works and the present article continues this subject.
Ключевые слова / Keywords:
the higher legal education, paid education, non-state educational institution, President of the Russian Federation, license, accreditation, supervision and control, inadequate supervision and control, what to do.
PLOTNIKOV D.A. Plotnikov D.A. – Candidate of Juridical Sciences
PLOTNIKOVA G.N.
Plotnikova G.N.
–
Analysis of modern methods of patriotic education in the course of teaching legal disciplines
Страницы / Pages: 73-80
Аннотация / Annotation:
Among the challenges facing higher education today is, above all, as a competitive graduate training spehundred in the legal market. That is why one of the criteria Monitoring universities in 2015 was the employment rate of graduates (pore-traction value is 80%). In addition, the problem of ensuring the quality of legal education have been the subject of discussions within the framework of UMC on legal education based SGYUA, the Association of Lawyers of Russia (among the last events – 03/07/2015 Meeting of the Association of Lawyers of Russia KSMYU on the basis of Kazan (federal General) University). However, it should be noted the negative, in our view, the trend of education in student mostly professional qualities, to a lesser degree while paying attention to its development of the United Nations High-do. All this leads to the fact that students feel important in the learning process competencies acquired exclusively by means of which they can self-actualize themselves. On the basis of a properation of practical experience, the analysis of individual methods Patriot cal education aimed at creating a computer-obschkulturnyh of competence in the field of vocational training of students of legal areas.
Ключевые слова / Keywords:
patriotism, patriotic education, museum, business game, tolerance, legal education.
WE DISCUSS THE PROBLEMАннотация / Annotation:
Among the challenges facing higher education today is, above all, as a competitive graduate training spehundred in the legal market. That is why one of the criteria Monitoring universities in 2015 was the employment rate of graduates (pore-traction value is 80%). In addition, the problem of ensuring the quality of legal education have been the subject of discussions within the framework of UMC on legal education based SGYUA, the Association of Lawyers of Russia (among the last events – 03/07/2015 Meeting of the Association of Lawyers of Russia KSMYU on the basis of Kazan (federal General) University). However, it should be noted the negative, in our view, the trend of education in student mostly professional qualities, to a lesser degree while paying attention to its development of the United Nations High-do. All this leads to the fact that students feel important in the learning process competencies acquired exclusively by means of which they can self-actualize themselves. On the basis of a properation of practical experience, the analysis of individual methods Patriot cal education aimed at creating a computer-obschkulturnyh of competence in the field of vocational training of students of legal areas.
Ключевые слова / Keywords:
patriotism, patriotic education, museum, business game, tolerance, legal education.
SHEVCHENKO L.I. Shevchenko L.I. – doctor of law, professor
Some controversial issues about civil law contract content and identification of the range its essential conditions
Страницы / Pages: 81-88
Аннотация / Annotation:
The issue of contract content and of special aspects of its essential conditions determination relates to the range of problematic issues in the science of civil and entrepreneurial law. Along with this, the solution of the issue has exceptionally significant and practical importance that is adduced in 1 chapter, s. 432 of Civil Code of the Russian Federation; and in accordance with it, the contract is supposed to be illegal in case of congruence at least one of the existent terms. The author approach presented in the article concerns the issue of the essential conditions realization, their kinds, special aspects and ways of their reference to necessary terms and also their delimitation from formative contract attributes.
Ключевые слова / Keywords:
contract content, essential conditions, necessary terms, formative contract attributes.
Аннотация / Annotation:
The issue of contract content and of special aspects of its essential conditions determination relates to the range of problematic issues in the science of civil and entrepreneurial law. Along with this, the solution of the issue has exceptionally significant and practical importance that is adduced in 1 chapter, s. 432 of Civil Code of the Russian Federation; and in accordance with it, the contract is supposed to be illegal in case of congruence at least one of the existent terms. The author approach presented in the article concerns the issue of the essential conditions realization, their kinds, special aspects and ways of their reference to necessary terms and also their delimitation from formative contract attributes.
Ключевые слова / Keywords:
contract content, essential conditions, necessary terms, formative contract attributes.
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
On the question of the project-oriented public administration
Страницы / Pages: 89-97
Аннотация / Annotation:
The article investigates the concept of design-oriented public administration. The author shows the problems of relevant interpretation of this concept and the limits of applicability of this concept in relation to public administration.
Ключевые слова / Keywords:
public administration, public law, project-oriented public administration, efficiency of public administration, deviantology of public administration, administrative law, general theory of public administration.
Аннотация / Annotation:
The article investigates the concept of design-oriented public administration. The author shows the problems of relevant interpretation of this concept and the limits of applicability of this concept in relation to public administration.
Ключевые слова / Keywords:
public administration, public law, project-oriented public administration, efficiency of public administration, deviantology of public administration, administrative law, general theory of public administration.
SOLOVYEV A.A. Solovyev A.A. – doctor of science (Law), professor
Procedure for the formation of the Italian Republic’s Superior Council of the Judiciary and legal status of its members
Страницы / Pages: 98-106
Аннотация / Annotation:
Special attention in the article is focused towards the statutory guarantees and limitations relevant to the performance of the functions by the members of the Superior Council of the Judiciary, as well as the legal regulation of the suspension and termination of their authorities.
Ключевые слова / Keywords:
judicial system bodies, global experience, Italian Republic, Superior Council of the Judiciary, limitations, electoral process, term of office, suspension of the authorities, dismissal.
Аннотация / Annotation:
Special attention in the article is focused towards the statutory guarantees and limitations relevant to the performance of the functions by the members of the Superior Council of the Judiciary, as well as the legal regulation of the suspension and termination of their authorities.
Ключевые слова / Keywords:
judicial system bodies, global experience, Italian Republic, Superior Council of the Judiciary, limitations, electoral process, term of office, suspension of the authorities, dismissal.
SHEIAFETDINOVA N.A. Sheiafetdinova N.A. – candidate of legal Sciences, associate Professor
Information component in the ideological functions in relation to the refocusing of legal consciousness
Страницы / Pages: 107-111
Аннотация / Annotation:
The article is devoted to ideological functions of the state, in terms of the informational component in relation to the reorientation of justice. The ideological function of the state is the Foundation of his life and information activities in the ideological functions remains the priority part of it. It is noteworthy that in the context of the reorientation of consciousness this feature becomes more critical.
Ключевые слова / Keywords:
ideology, ideological function, legal consciousness, legal consciousness, information, the reorientation of justice, crisis consciousness.
Аннотация / Annotation:
The article is devoted to ideological functions of the state, in terms of the informational component in relation to the reorientation of justice. The ideological function of the state is the Foundation of his life and information activities in the ideological functions remains the priority part of it. It is noteworthy that in the context of the reorientation of consciousness this feature becomes more critical.
Ключевые слова / Keywords:
ideology, ideological function, legal consciousness, legal consciousness, information, the reorientation of justice, crisis consciousness.
KUZNETSOVA S.D.
Kuznetsova S.D.
–
«Regionalism» and «regionalization»: the constitutional and legal meaning of concepts
Страницы / Pages: 112-119
Аннотация / Annotation:
The works of Russian and foreign scientists from different fields of knowledge the concept of «regionalization» and «regionalism» act as a multifaceted and multidimensional phenomen. Analysis of the scientific point of view and legal instruments can detect the spread of interpretations, identification or their substitution in legal research, the lack of a common approach to the problem. The article presents an attempt to identify the constitutional legal content of these concepts, as well as the formulation of branch of constitutional law in general.
Ключевые слова / Keywords:
regionalism, regionalization, political and territorial, constitutional regionalization, territorial division, the regional level of government.
A CRIMINAL LAWАннотация / Annotation:
The works of Russian and foreign scientists from different fields of knowledge the concept of «regionalization» and «regionalism» act as a multifaceted and multidimensional phenomen. Analysis of the scientific point of view and legal instruments can detect the spread of interpretations, identification or their substitution in legal research, the lack of a common approach to the problem. The article presents an attempt to identify the constitutional legal content of these concepts, as well as the formulation of branch of constitutional law in general.
Ключевые слова / Keywords:
regionalism, regionalization, political and territorial, constitutional regionalization, territorial division, the regional level of government.
GOLOVINSKAYA I.V. Golovinskaya I.V. – Doctor of Law
Private and private-public prosecution in criminal procedure proceedings: problems of differentiation
Страницы / Pages: 120-130
Аннотация / Annotation:
The article analyzes the problems of determination of criteria of differentiation of the criminal-procedural facilities, the dynamics of private and private-public prosecution, the problems of teaching and learning in criminal proceedings, the imposition of its norms in practical.
Ключевые слова / Keywords:
differentiation, criminal procedure, criminal procedure form, private charges, private-public prosecution, the protection of the rights and freedoms of citizens.
Аннотация / Annotation:
The article analyzes the problems of determination of criteria of differentiation of the criminal-procedural facilities, the dynamics of private and private-public prosecution, the problems of teaching and learning in criminal proceedings, the imposition of its norms in practical.
Ключевые слова / Keywords:
differentiation, criminal procedure, criminal procedure form, private charges, private-public prosecution, the protection of the rights and freedoms of citizens.
BEZRUKOVА O.V. Bezrukovа O.V. – candidate of legal Sciences
ZHIVODROVA N.A. Zhivodrova N.A. – candidate of legal Sciences
BEZRUKOV A.V.
Bezrukov A.V.
–
Substitution of a child: past and present
Страницы / Pages: 131-139
Аннотация / Annotation:
The article analyzes the development of the Russian criminal legislation on responsibility for the substitution of a child . Considered criminally-legal characteristic of a crime under Art . 153 of the Criminal Code (child substitute). Examples of judicial practice for the recovery of moral damages in connection with the substitution of the child.
Ключевые слова / Keywords:
substitution of a child , child, juvenile , family.
Аннотация / Annotation:
The article analyzes the development of the Russian criminal legislation on responsibility for the substitution of a child . Considered criminally-legal characteristic of a crime under Art . 153 of the Criminal Code (child substitute). Examples of judicial practice for the recovery of moral damages in connection with the substitution of the child.
Ключевые слова / Keywords:
substitution of a child , child, juvenile , family.
MASHINSKAYA N.V. Mashinskaya N.V. – PhD in law, аssociate рrofessor
On the implementation of the educational approach in the appointment of the measures of criminal legal nature against a minor
Страницы / Pages: 140-145
Аннотация / Annotation:
Оn the basis the analysis of applying to minors the measures under the criminal law, stated the lack of educational approach in addressing the issue of sentencing, as well as the lack of alternatives to the criminal liability of minors in the current criminal legislation.
Ключевые слова / Keywords:
measures under the criminal law, punishment, criminal responsibility of minors.
HISTORY OF STATE AND LAWАннотация / Annotation:
Оn the basis the analysis of applying to minors the measures under the criminal law, stated the lack of educational approach in addressing the issue of sentencing, as well as the lack of alternatives to the criminal liability of minors in the current criminal legislation.
Ключевые слова / Keywords:
measures under the criminal law, punishment, criminal responsibility of minors.
RAKITSKAYA I.A. Rakitskaya I.A. – candidate of legal Sciences, associate Professor
Formation and evolution of electoral law and electoral system of Iceland
Страницы / Pages: 146-159
Аннотация / Annotation:
The article is devoted to the study of the origin and evolution of electoral law and establishing a modern electoral system in Iceland – a country with the oldest Parliament in Europe. The author describes the historical circumstances and preconditions of formation of the institution of elections in this Nordic country, analyzes the peculiar features of the elections on different stages of historical development, characterizes the system of normative sources of modern electoral law in Iceland.
Ключевые слова / Keywords:
Iceland, electoral law of Iceland, electoral system of Iceland, parliament of Iceland, elections in Iceland, Icelandic legislation on elections.
Аннотация / Annotation:
The article is devoted to the study of the origin and evolution of electoral law and establishing a modern electoral system in Iceland – a country with the oldest Parliament in Europe. The author describes the historical circumstances and preconditions of formation of the institution of elections in this Nordic country, analyzes the peculiar features of the elections on different stages of historical development, characterizes the system of normative sources of modern electoral law in Iceland.
Ключевые слова / Keywords:
Iceland, electoral law of Iceland, electoral system of Iceland, parliament of Iceland, elections in Iceland, Icelandic legislation on elections.
TUPIKIN R.V.
Tupikin R.V.
–
The first concordats: the history of the development of contractual relations between the Catholic Church and the secular authorities
Страницы / Pages: 160-165
Аннотация / Annotation:
The article investigates the history of the contractual relations between the Catholic Church and the states. The author examines a number of the most significant historical concordats.
Ключевые слова / Keywords:
civil law, religious real estate, religious organization, concordat.
Аннотация / Annotation:
The article investigates the history of the contractual relations between the Catholic Church and the states. The author examines a number of the most significant historical concordats.
Ключевые слова / Keywords:
civil law, religious real estate, religious organization, concordat.
SUSHKOV S.V.
Sushkov S.V.
–
Development of normative-legal bases of activities of organs on work with personnel of internal troops of the MIA of Russia
Страницы / Pages: 166-170
Аннотация / Annotation:
The article considers the basic directions and features of development of normative-legal base regulating the activities of organs for work with personnel of internal troops of the MIA of Russia. Conducted historical analysis of activity of bodies of state and military control in this area.
Ключевые слова / Keywords:
Russian interior Ministry troops, organs on work with personal, moral and psychogical support, regulatory framework.
Аннотация / Annotation:
The article considers the basic directions and features of development of normative-legal base regulating the activities of organs for work with personnel of internal troops of the MIA of Russia. Conducted historical analysis of activity of bodies of state and military control in this area.
Ключевые слова / Keywords:
Russian interior Ministry troops, organs on work with personal, moral and psychogical support, regulatory framework.
SHMAKOV O.N.
Shmakov O.N.
–
Formation of system of information support of service-combat activities of the Federal service of national guard troops of the Russian Federation in the process of formation and development (based on the experience of the interior Ministry troops of Russia
Страницы / Pages: 171-175
Аннотация / Annotation:
The article considers problems of functioning and modernization of system of information support of the national guard of the Russian Federation. Conducted a historiographical analysis of formation of information support system in the internal troops of the MIA of Russia. Marked progress on the creation of information support system of military service in the army national guard of the Russian Federation.
Ключевые слова / Keywords:
national guard of the Russian Federation, internal troops of the MIA of Russia; the service and combat activity; information provision.
Аннотация / Annotation:
The article considers problems of functioning and modernization of system of information support of the national guard of the Russian Federation. Conducted a historiographical analysis of formation of information support system in the internal troops of the MIA of Russia. Marked progress on the creation of information support system of military service in the army national guard of the Russian Federation.
Ключевые слова / Keywords:
national guard of the Russian Federation, internal troops of the MIA of Russia; the service and combat activity; information provision.