Право и образование
№ 02 • 2010
EDUCATIONAL LAWKUROV S.V.
Kurov S.V. – Associate Professor of the Department of legal Support of Market Economy of the Russian Academy of State service under the President of the Russian Federation, PhD in Jurisprudence
Social Conflict in a Field of Education as a Basis for Legal Protection of Rights and Legislative Interests
Страницы / Pages:
Аннотация / Annotation:
Juridical protection of rights and interests of subjects of educational activity in case of social conflicts and risks is considered in the article. Great attention is paid to a role of legal regulation of social conflicts of interests. Attention is focused of interaction between educational and economic conflicts and methods of legal protection for subjects of educational activity.
Ключевые слова / Keywords:
legal protection, social conflict, interests protected by the law, educational conflict.
BURLAKOVA I.I. Аннотация / Annotation:
Juridical protection of rights and interests of subjects of educational activity in case of social conflicts and risks is considered in the article. Great attention is paid to a role of legal regulation of social conflicts of interests. Attention is focused of interaction between educational and economic conflicts and methods of legal protection for subjects of educational activity.
Ключевые слова / Keywords:
legal protection, social conflict, interests protected by the law, educational conflict.
Burlakova I.I. – Associate Professor of the Department for Pedagogy and Methods of Teaching of Odintsovo Institute for the Humanities, PhD in Pedagogy
Education Quality Management as an Object of Legal Regulation
Страницы / Pages:
Аннотация / Annotation:
The article covers issues of education quality, which scientific researchers focus on. Quality of education is one of the most important elements of the system of education as a whole and education in particular. Great attention is paid to issues of quality of education in documents of international law. It is one of the criteria of effectiveness and success of educational activity, as different participants of educational relations and effectiveness of the whole system functioning. Analysis of educational legislation shows that there is no formal definition of quality of education in basic federal laws.
Ключевые слова / Keywords:
law, quality of education, education quality management, educational policy, quality assessment, educational services, educational legislation, international standard, educational process, educational activity.
MATYUSHEVA T.N. Аннотация / Annotation:
The article covers issues of education quality, which scientific researchers focus on. Quality of education is one of the most important elements of the system of education as a whole and education in particular. Great attention is paid to issues of quality of education in documents of international law. It is one of the criteria of effectiveness and success of educational activity, as different participants of educational relations and effectiveness of the whole system functioning. Analysis of educational legislation shows that there is no formal definition of quality of education in basic federal laws.
Ключевые слова / Keywords:
law, quality of education, education quality management, educational policy, quality assessment, educational services, educational legislation, international standard, educational process, educational activity.
Matyusheva T.N. – Associate Professor of the Department of State and Juridical Disciplines of North Caucasian Branch of GOU VPO Russian Academy of Justice, PhD in Jurisprudence
Constitutional Principle of Equality in Implementation of Right for Education for Orphaned and Disabled Children
Страницы / Pages:
Аннотация / Annotation:
Implementation of a right for education for orphaned and disabled children has its own special features. Consideration of their educational and legal status through humanism, equality and social justice gives a chance not only to determine these special features but also to conclude about facilitation of harmony between interests of children having this special status and public and social interests in Russia..
Ключевые слова / Keywords:
orphaned children, disabled children, humanism, freedom, democracy, social justice, special educational status.
EGUPOVA M.A. Аннотация / Annotation:
Implementation of a right for education for orphaned and disabled children has its own special features. Consideration of their educational and legal status through humanism, equality and social justice gives a chance not only to determine these special features but also to conclude about facilitation of harmony between interests of children having this special status and public and social interests in Russia..
Ключевые слова / Keywords:
orphaned children, disabled children, humanism, freedom, democracy, social justice, special educational status.
Egupova M.A. – Applicant for the Department of Constitutional and Municipal Law of GOU VPO Kuban State University
A Concept of Right for Education for Disabled People
Страницы / Pages:
Аннотация / Annotation:
The article covers scientific thinking of a concept of right for education for disabled people. There is a comparative analysis of concepts of ‘disabled person’ and ‘invalid’ in the article.
Ключевые слова / Keywords:
disabled people, invalid, law for education, special education, integrated education, inclusive education.
PROFESSIONAL TRAININGАннотация / Annotation:
The article covers scientific thinking of a concept of right for education for disabled people. There is a comparative analysis of concepts of ‘disabled person’ and ‘invalid’ in the article.
Ключевые слова / Keywords:
disabled people, invalid, law for education, special education, integrated education, inclusive education.
BOBROV A.M.
Bobrov A.M. – Teacher of the Department of Administrative Law and Administration and Service of the Division of Internal Affairs of Perm Branch of FGOU VPO Nizhegorodskaya Academy of the Ministry of internal Affairs of Russia
Special Features of Enrollment to Educational Institutions of the Ministry of Internal Affairs of Russia for Full-Time Course
Страницы / Pages:
Аннотация / Annotation:
The article covers special features of enrollment to educational institutions of the ministry of Internal Affairs of Russia. Great attention is paid to several difficulties of enrollment to educational institutions of the Ministry of Internal Affairs of Russia.
Ключевые слова / Keywords:
enrollment to educational institutions of the Ministry of Internal Affairs of Russia, state service, law enforcement agencies of Russia.
TKACHENKO A.M. Аннотация / Annotation:
The article covers special features of enrollment to educational institutions of the ministry of Internal Affairs of Russia. Great attention is paid to several difficulties of enrollment to educational institutions of the Ministry of Internal Affairs of Russia.
Ключевые слова / Keywords:
enrollment to educational institutions of the Ministry of Internal Affairs of Russia, state service, law enforcement agencies of Russia.
Tkachenko A.M. – Senior Researcher of Scientific Research and Editor Department of Khabarovsk Border Institute of the Federal Security Service of Russia, PhD in Pedagogy
A Role of Social and Professional Self-Actualization in Future Officers Training
Страницы / Pages:
Аннотация / Annotation:
Necessity of pedagogic support of social and professional self-actualization of requites of educational institutions of the Federal Security Service of Russia is explained in the article. These conditions should be oriented to development of human cultural educational environment. Social and professional self-actualization is based on ‘phenomenon of doubling of internal reality’, which enables to analyze conditions and behavior strategy in order to save mental health in extreme situations.
Ключевые слова / Keywords:
social and professional self-actualization, ‘phenomenon of doubling of internal reality’, appropriate cultural educational environment.
Аннотация / Annotation:
Necessity of pedagogic support of social and professional self-actualization of requites of educational institutions of the Federal Security Service of Russia is explained in the article. These conditions should be oriented to development of human cultural educational environment. Social and professional self-actualization is based on ‘phenomenon of doubling of internal reality’, which enables to analyze conditions and behavior strategy in order to save mental health in extreme situations.
Ключевые слова / Keywords:
social and professional self-actualization, ‘phenomenon of doubling of internal reality’, appropriate cultural educational environment.
KIRILLOVYKH A.A.
Kirillovykh A.A. – Jurist of Vyatka State Agricultural Academy
University Autonomy: Balance between Private and Public Interests
Страницы / Pages:
Аннотация / Annotation:
Issues of autonomy of higher educational institutions based on historic experience and modern development are shown in the article. Some aspects of university autonomy are determined within the context of implementation of needs of a society and state in effective higher school, activity.
Ключевые слова / Keywords:
autonomy, academic freedom, self-governance, competent administration, educational management, public interests.
MIKAVA T.V. Аннотация / Annotation:
Issues of autonomy of higher educational institutions based on historic experience and modern development are shown in the article. Some aspects of university autonomy are determined within the context of implementation of needs of a society and state in effective higher school, activity.
Ключевые слова / Keywords:
autonomy, academic freedom, self-governance, competent administration, educational management, public interests.
Mikava T.V. – Senior Teacher of Yekaterinburg Academy of Modern Art
Principle of Autonomy as a Condition of Implementation of the Mission of a Higher Educational Institution
Страницы / Pages:
Аннотация / Annotation:
The article covers of the problem of evolution of social and legal model of autonomy of a higher educational institution, and analysis of a role and place of a higher educational institution in relation between a state and a society.
Ключевые слова / Keywords:
higher educational institution, principle of autonomy, mission of a higher educational institution, academic society, academic freedom.
DISCUSSING THE PROBLEMАннотация / Annotation:
The article covers of the problem of evolution of social and legal model of autonomy of a higher educational institution, and analysis of a role and place of a higher educational institution in relation between a state and a society.
Ключевые слова / Keywords:
higher educational institution, principle of autonomy, mission of a higher educational institution, academic society, academic freedom.
ZAKUPEN T.V.
Zakupen T.V. – Professor of the Department of Legal Support of Market Economy of the Russian Academy of the State Service under the President of the Russian Federation, Doctor of Law, Professor
Problems of Improvements of Entrepreneurship Legislation in the Russian Federation
Страницы / Pages:
Аннотация / Annotation:
Actual problems of improvement of entrepreneurship legislation in Russia in the nearest future are analyzed in the article; contradictions in legal actions of the state in market economy regulation are shown. Great attention is paid to necessity of passing laws for holdings, state corporations, state and municipal institutions, state and private partnership, development of legislation for self-regulated organizations.
Ключевые слова / Keywords:
effective state, improvement of entrepreneurship legislation, entrepreneurship and market, legislation for holdings, self-regulated organizations, state corporations, state and municipal institutions, state and private partnership.
VANEEV O.N. Аннотация / Annotation:
Actual problems of improvement of entrepreneurship legislation in Russia in the nearest future are analyzed in the article; contradictions in legal actions of the state in market economy regulation are shown. Great attention is paid to necessity of passing laws for holdings, state corporations, state and municipal institutions, state and private partnership, development of legislation for self-regulated organizations.
Ключевые слова / Keywords:
effective state, improvement of entrepreneurship legislation, entrepreneurship and market, legislation for holdings, self-regulated organizations, state corporations, state and municipal institutions, state and private partnership.
Vaneev O.N. – Adivisor of Expert and Juridical Department of Legislative Assembly of Krasnoyarsk Region, PhD in Jurisprudence
Patriotic Education: Abilities of Municipal Policy
Страницы / Pages:
Аннотация / Annotation:
Basic property of patriotism is visional, axiological relation to a human being. Processes of social transformation in modern Russia are followed by changing of relation to patriotic education of the youth. Patriotic education of the youth is a fundamental direction of local governance in the Russian Federation. Organs of local governance use program and target approach to patriotic education and finance patriotic education from local budgets.
Ключевые слова / Keywords:
patriotism, education, the youth, organs of local governance, school.
BERZIN V.A. Аннотация / Annotation:
Basic property of patriotism is visional, axiological relation to a human being. Processes of social transformation in modern Russia are followed by changing of relation to patriotic education of the youth. Patriotic education of the youth is a fundamental direction of local governance in the Russian Federation. Organs of local governance use program and target approach to patriotic education and finance patriotic education from local budgets.
Ключевые слова / Keywords:
patriotism, education, the youth, organs of local governance, school.
Berzin V.A. – Vice-Chair of Krasnogorsk City Court of Moscow Region, PhD in Jurisprudence
Involuntary Addictive Medical Treatment: Definitions and Contents of Discussion
Страницы / Pages:
Аннотация / Annotation:
The article covers one of the most complex aspects of state policy in a field of fighting against alcoholism – involuntary medical survey and involuntary addictive medical treatment. The issue is considered from constitutional and legal point of view.
Ключевые слова / Keywords:
involuntary addictive medical treatment, alcoholism, human rights.
KOLOSOVICH O.S. Аннотация / Annotation:
The article covers one of the most complex aspects of state policy in a field of fighting against alcoholism – involuntary medical survey and involuntary addictive medical treatment. The issue is considered from constitutional and legal point of view.
Ключевые слова / Keywords:
involuntary addictive medical treatment, alcoholism, human rights.
Kolosovich O.S. – Associate Professor of the Department of Criminal Proceedings of Volgograd Academy of the Ministry of Internal Affairs of Russia, PhD in Jurisprudence
KOLOSOVICH M.S. Kolosovich M.S. – Senior Teacher of the Department of Criminal Proceedings of Volgograd Academy of the Ministry of Internal Affairs of Russia, PhD in Jurisprudence
Interruption on Proceedings on a Criminal Case as a Supportive Institute of Law
Страницы / Pages:
Аннотация / Annotation:
The article covers the institute of interruption on proceedings. There is an opinion of recognition of an institute of interruption on proceedings as an inter-branch institute, which includes three supportive institutes of law: 1) supportive institute of interruption on proceedings for criminal cases; 2) supportive institute of interruption on proceedings for civil cases; 3) supportive institute of interruption on proceedings for arbitration cases.
Ключевые слова / Keywords:
criminal proceedings, institute of law, interruption on proceedings, supportive institutes.
KHAPCHAEV S.T. Аннотация / Annotation:
The article covers the institute of interruption on proceedings. There is an opinion of recognition of an institute of interruption on proceedings as an inter-branch institute, which includes three supportive institutes of law: 1) supportive institute of interruption on proceedings for criminal cases; 2) supportive institute of interruption on proceedings for civil cases; 3) supportive institute of interruption on proceedings for arbitration cases.
Ключевые слова / Keywords:
criminal proceedings, institute of law, interruption on proceedings, supportive institutes.
Khapchaev S.T. – Associate Professor of the Department of State and Juridical Disciplines of Karachaevo-Cherkessk Branch of Moscow Open Social Academy
Legal Status of Non-Muslims in Islamic State
Страницы / Pages:
Аннотация / Annotation:
Ключевые слова / Keywords:
Koran, Sunna, Hadith, Shariat, Muslims, zymmya, jizya, equality, discrimination.
PAGES OF HISTORYАннотация / Annotation:
Ключевые слова / Keywords:
Koran, Sunna, Hadith, Shariat, Muslims, zymmya, jizya, equality, discrimination.
ZIPUNNIKOVA N.N.
Zipunnikova N.N. – PhD in Jurisprudence, Associate Professor of the Department of History of State and Law of Ural State Juridical Academy, Associate Professor
Conferences of Scientists and Researches as a Form of Organization of Science in Russia in second half of 19th –beginning of 20th centuries
Страницы / Pages:
Аннотация / Annotation:
There is an attempt in the article to characterize conferences of scientists in Russia in a period of bourgeois modernization as a form of organization of science and professional activity of scientists. Conferences are shown as an important platform for civil activity growth and dialog of institutions of civil society and authorities.
Ключевые слова / Keywords:
science and authorities, forms of organization of science, scientific societies, pedagogic societies, scientific conferences.
SURKOVA V.A. Аннотация / Annotation:
There is an attempt in the article to characterize conferences of scientists in Russia in a period of bourgeois modernization as a form of organization of science and professional activity of scientists. Conferences are shown as an important platform for civil activity growth and dialog of institutions of civil society and authorities.
Ключевые слова / Keywords:
science and authorities, forms of organization of science, scientific societies, pedagogic societies, scientific conferences.
Surkova V.A. – Senior Teacher of the Department of Civil Law and Procedures of MUH
Some Issues of Historic and Legal Regulation of Real Estate Transactions
Страницы / Pages:
Аннотация / Annotation:
Analysis of classification of types of civil legal transactions is conducted in the article. There is a retrospective analysis of basic types of transactions starting from the Ancient Rome to modernity. Great attention is paid to a moment of signing a contract. Issues of state registration of transactions of amortization are investigated.
Ключевые слова / Keywords:
a transaction, state registration, consensual transactions, real transactions, a contract, trade circulation, literal transactions, verbal transactions, a formal contract.
SCIENTIFIC DEBUTАннотация / Annotation:
Analysis of classification of types of civil legal transactions is conducted in the article. There is a retrospective analysis of basic types of transactions starting from the Ancient Rome to modernity. Great attention is paid to a moment of signing a contract. Issues of state registration of transactions of amortization are investigated.
Ключевые слова / Keywords:
a transaction, state registration, consensual transactions, real transactions, a contract, trade circulation, literal transactions, verbal transactions, a formal contract.
GALKINA A.V.
Galkina A.V. – Judge Assistant of the Arbitration Court of the Kemerovo Region
Problems of Improvement of Legislative Techniques in Legal Cases of a Legal Entity of the Russian Federation
Страницы / Pages:
Аннотация / Annotation:
The article covers the problems of improvement of legislative techniques in legal cases of legal entities of the Russian Federation. Points of view of jurists on issue of laws of legal entities of the Russian Federation within the legal system of the Russian Federation are given. Legal competence of legal entities of the Russian Federation in a field of lawmaking is shown on the basis of the Constitution of the Russian Federation.
Ключевые слова / Keywords:
legal act, federal law, law of a legal entity of the Russian Federation, hierarchy of legal acts, competence, ration of legislation, juridical techniques, legislative actions, legislation system.
KOCHKUROVA E.G. Аннотация / Annotation:
The article covers the problems of improvement of legislative techniques in legal cases of legal entities of the Russian Federation. Points of view of jurists on issue of laws of legal entities of the Russian Federation within the legal system of the Russian Federation are given. Legal competence of legal entities of the Russian Federation in a field of lawmaking is shown on the basis of the Constitution of the Russian Federation.
Ключевые слова / Keywords:
legal act, federal law, law of a legal entity of the Russian Federation, hierarchy of legal acts, competence, ration of legislation, juridical techniques, legislative actions, legislation system.
Kochkurova E.G. – Postgraduate Student of the Modern University for the Humanities
Court Practice as an Element of Disputes Resolution in Civil Regulation of Real Estate Transactions by the State
Страницы / Pages:
Аннотация / Annotation:
Issues concerning real estate transactions and a role of the state in this process are considered in the article. Great attention is paid to principles of state registration estate in land and a role of the state in the process of transactions. A role of court practice in such disputes resolution is specified.
Ключевые слова / Keywords:
real estate, bargain, principles, state, court practice.
PIVENTIEV A.S. Аннотация / Annotation:
Issues concerning real estate transactions and a role of the state in this process are considered in the article. Great attention is paid to principles of state registration estate in land and a role of the state in the process of transactions. A role of court practice in such disputes resolution is specified.
Ключевые слова / Keywords:
real estate, bargain, principles, state, court practice.
Piventiev A.S. – Postgraduate Student of the Modern University for the Humanities
Constitutional and Legal Problems of Determination of Subjects of Exclusive Responsibility of Legal Entities of the Russian Federation
Страницы / Pages:
Аннотация / Annotation:
This scientific article covers a legal analysis of one of the main problems of Russian federalism: determination of a sphere of exclusive competence of legal entities of the Russian Federation, which is not regulated by the Constitution in fact. The author analyzes views of modern Russian scientists on this problem, and collisions in the Russian legislation, specifies the concept of reforming of the Russian legislation in this field of social relationships.
Ключевые слова / Keywords:
the Russian Federation, legal entity of the Russian Federation, a sphere of Federation competence, a sphere of mutual competence, a sphere of exclusive competence of legal entities, federal regulation, federal law, federal constitutional law.
SOBOLEV D.A. Аннотация / Annotation:
This scientific article covers a legal analysis of one of the main problems of Russian federalism: determination of a sphere of exclusive competence of legal entities of the Russian Federation, which is not regulated by the Constitution in fact. The author analyzes views of modern Russian scientists on this problem, and collisions in the Russian legislation, specifies the concept of reforming of the Russian legislation in this field of social relationships.
Ключевые слова / Keywords:
the Russian Federation, legal entity of the Russian Federation, a sphere of Federation competence, a sphere of mutual competence, a sphere of exclusive competence of legal entities, federal regulation, federal law, federal constitutional law.
Sobolev D.A. – MUH Postgraduate Student
Contents of Participatory Share Construction Agreement
Страницы / Pages:
Аннотация / Annotation:
The author tries to investigate an issue of essentials of a participatory share construction agreement as determination of transferable site of a share construction, agreement price, terms and order of payment and a length of warranty for a site of share construction within the context of its usage. Conclusions and proposals including amendments and addition to an existing legislation are made on the basis of the investigation results.
Ключевые слова / Keywords:
participatory share construction, contents of agreement, basic conditions, essentials.
UCHITEL D.YU. Аннотация / Annotation:
The author tries to investigate an issue of essentials of a participatory share construction agreement as determination of transferable site of a share construction, agreement price, terms and order of payment and a length of warranty for a site of share construction within the context of its usage. Conclusions and proposals including amendments and addition to an existing legislation are made on the basis of the investigation results.
Ключевые слова / Keywords:
participatory share construction, contents of agreement, basic conditions, essentials.
Uchitel D.Yu. – MUH Postgraduate Student
Securities as a Subject of Pledging
Страницы / Pages:
Аннотация / Annotation:
The author assesses a legal nature of securities as a subject of pledging. He considers different concepts and opinions of investigators existing in a theory of civil law. On results of the conducted investigation the conclusion of necessity of absence of a doctrinal unified opinion to give an unambiguous answer for this issue and to prove legislatively a line of value of a security is made, and amendments to an existing legislation are proposed.
Ключевые слова / Keywords:
legal nature of securities, pledging of securities.
РЕЦЕНЗИИАннотация / Annotation:
The author assesses a legal nature of securities as a subject of pledging. He considers different concepts and opinions of investigators existing in a theory of civil law. On results of the conducted investigation the conclusion of necessity of absence of a doctrinal unified opinion to give an unambiguous answer for this issue and to prove legislatively a line of value of a security is made, and amendments to an existing legislation are proposed.
Ключевые слова / Keywords:
legal nature of securities, pledging of securities.
KUDINOVA N.T.
Kudinova N.T. – Head of the Department of History of State and Law of Tikhookeanskiy State University (Khabarovsk), Doctor of History, Professor
Problems of Higher Education in History: Review of the Monograph of O.V. Pentrovskaya ‘Enrollment of Students: Socialistic Experience of Bulgaria and Poland in 1944-1989 years (Brest, 2009. p.288)
Страницы / Pages:
Аннотация / Annotation:
Scientific review of the monograph of O.V. Petrovskaya ‘Enrollment of Students: Socialistic Experience of Bulgaria and Poland in 1944-91989 years’ is given in the article.
Ключевые слова / Keywords:
system of higher education, universities, socialistic experience, East European countries.
Аннотация / Annotation:
Scientific review of the monograph of O.V. Petrovskaya ‘Enrollment of Students: Socialistic Experience of Bulgaria and Poland in 1944-91989 years’ is given in the article.
Ключевые слова / Keywords:
system of higher education, universities, socialistic experience, East European countries.