Право и образование
№ 02 • 2012
EDUCATIONAL LAW
PEVTSOVA E.A. Pevtsova E.A. – Vice-Rector of Russian University for Cooperation, Doctor of Law, Professor
Effectiveness of Legal Regulation in a Sphere of Education: Issues of a Theory and Practice
Страницы / Pages: 4-17
Аннотация / Annotation:
A doctrinal approach to understanding of effectiveness of legal regulation in a sphere of education is represented; the data of sociological researches of results of reforms in a field of legal regulation of education in modern Russia are analyzed; some ways and means for increasing effectiveness of developed and implemented rules in a sphere of education are given in the article.
Ключевые слова / Keywords:
effectiveness of legal regulation in a sphere of education, legal monitoring in a sphere of education, an educational law, and educational violations.
Аннотация / Annotation:
A doctrinal approach to understanding of effectiveness of legal regulation in a sphere of education is represented; the data of sociological researches of results of reforms in a field of legal regulation of education in modern Russia are analyzed; some ways and means for increasing effectiveness of developed and implemented rules in a sphere of education are given in the article.
Ключевые слова / Keywords:
effectiveness of legal regulation in a sphere of education, legal monitoring in a sphere of education, an educational law, and educational violations.
KARPICHENKO N.P. Karpichenko N.P. – Senior Vice-Rector of Moscow New Juridical Institute, Doctor of History, Professor
A Competence Approach in Implementation of a Fundamental Program for Higher Professional Education ‘Jurisprudence’, code 030900.62
Страницы / Pages: 18-30
Аннотация / Annotation:
Main problems of a competence approach in implementation of a fundamental educational program for higher professional education ‘Jurisprudence’, code 030900.62. The author supposes that taking a competence approach as a basis for an educational program a university of law provides high-qualitative training and education for all students in all stages of an educational process and graduates competent bachelors in law.
Ключевые слова / Keywords:
a competence approach, educational program, jurisprudence, a training course, higher professional education.
Аннотация / Annotation:
Main problems of a competence approach in implementation of a fundamental educational program for higher professional education ‘Jurisprudence’, code 030900.62. The author supposes that taking a competence approach as a basis for an educational program a university of law provides high-qualitative training and education for all students in all stages of an educational process and graduates competent bachelors in law.
Ключевые слова / Keywords:
a competence approach, educational program, jurisprudence, a training course, higher professional education.
KOZLOVA S.A. Kozlova S.A. – Lawyer of Voronezh Tran-Regional Bar
Implementation in a Sphere of Education the Federal Law No. 83-FZ dated May 8, 2010
Страницы / Pages: 31-47
Аннотация / Annotation:
Recommendations of the Ministry of the Russian Federation developed in order to provide a complex approach to implementation of the Federal Law dated May 8, 2010 and also in order to coordinate regional and municipal authorities and monitor its implementation in education are considered in the article.
Ключевые слова / Keywords:
a state institution, a budgetary institution, an independent institution, state services, state building, paid services.
Аннотация / Annotation:
Recommendations of the Ministry of the Russian Federation developed in order to provide a complex approach to implementation of the Federal Law dated May 8, 2010 and also in order to coordinate regional and municipal authorities and monitor its implementation in education are considered in the article.
Ключевые слова / Keywords:
a state institution, a budgetary institution, an independent institution, state services, state building, paid services.
YAKUSHEV A.N. Yakushev A.N. – Senior Researcher of the Institute of Educational Technologies of the Russian Academy if Sciences, Doctor of History, PhD in Law and Pedagogy, Professor
Appraisal of the Results of a Thesis and Dissertation in Russia: Contradictions between Lawyers’ and Scientists’ Opinions
Страницы / Pages: 48-53
Аннотация / Annotation:
The article covers contradictions between lawyers’ and scientists’ opinions concerning appraisal of the results of theses and dissertations in Russia, scientific competence of opponent experts, and vote count in making a decision of conferment by a dissertation council.
Ключевые слова / Keywords:
an appraisal, dissertation results, a technology of appraisal, results criterion, new projects of articles, a database, new scientific knowledge scientific competence, opponent experts opinions, a legislator scientists, vote count, a conferment.
EDUCATION AND TRAININGАннотация / Annotation:
The article covers contradictions between lawyers’ and scientists’ opinions concerning appraisal of the results of theses and dissertations in Russia, scientific competence of opponent experts, and vote count in making a decision of conferment by a dissertation council.
Ключевые слова / Keywords:
an appraisal, dissertation results, a technology of appraisal, results criterion, new projects of articles, a database, new scientific knowledge scientific competence, opponent experts opinions, a legislator scientists, vote count, a conferment.
KABANOV V.L. Kabanov V.L. – PhD in Pedagogy, Head of the Department of the Ministry for Education and Science of the Russian Federation
Juvenile Competence of a University Graduate
Страницы / Pages: 54-61
Аннотация / Annotation:
The article covers an actual and low-investigated problem of juvenile competence of a modern Russian university graduate. Contents and a structure of juvenile competence are considered; such competences as juvenile and legal competences are defined and analyzed; forms and methods of development of such competences for all students.
Ключевые слова / Keywords:
juvenile studies a competence, a knowledge paradigm, a juvenile and legal competence, program resources, methods of development of juvenile competences of students.
Аннотация / Annotation:
The article covers an actual and low-investigated problem of juvenile competence of a modern Russian university graduate. Contents and a structure of juvenile competence are considered; such competences as juvenile and legal competences are defined and analyzed; forms and methods of development of such competences for all students.
Ключевые слова / Keywords:
juvenile studies a competence, a knowledge paradigm, a juvenile and legal competence, program resources, methods of development of juvenile competences of students.
SHABANOVA O.V. Shabanova O.V. – Associate Professor of the Department of Pedagogy of Professional Education in Ulyanovsk State University, PhD in Pedagogy
SURKOV R.V. Surkov R.V. – Applicant of the Department of Pedagogy of Professional Education of Ulyanovsk State University
A System of Cooperation as a Mean of Increasing Effectiveness of Functioning of Professional Education (Regional Experience in Ulyanovsk)
Страницы / Pages: 62-69
Аннотация / Annotation:
The article covers development of cooperation between universities and production by taking into account Russian and foreign experience, characteristics of specifics a university consortium, activation of a scientific, research and innovative potential of Ulyanovsk’s regional universities based on this mechanism.
Ключевые слова / Keywords:
cooperation, a consortium, higher professional education, a strategy of development of education, modernization.
Аннотация / Annotation:
The article covers development of cooperation between universities and production by taking into account Russian and foreign experience, characteristics of specifics a university consortium, activation of a scientific, research and innovative potential of Ulyanovsk’s regional universities based on this mechanism.
Ключевые слова / Keywords:
cooperation, a consortium, higher professional education, a strategy of development of education, modernization.
ISAKOV V.M. Isakov V.M. – Vice-Rector in Scientific Work and Development of the Academy of Russian Ballet in the name of A.Ya Vaganova, PhD in Technical Sciences, Professor
Specifics of Non-Typical Education of Ballet Dancers
Страницы / Pages: 70-77
Аннотация / Annotation:
A spectrum of requirements to a ballet dancer, based on special talent in case of a profession mastering from 10 to 19 years old, is shown in the article. Education includes ballet technique mastering and formation of creative individuality of this person developing a spiritual ego and building a body as a professional instrument of a ballet dancer. All these tasks are solved through a non-typical educational program including bachelor’s qualification.
Ключевые слова / Keywords:
a ballet dancer, talent, act education, non-typical character, a dancing techniques, spiritual development, professional instrument.
Аннотация / Annotation:
A spectrum of requirements to a ballet dancer, based on special talent in case of a profession mastering from 10 to 19 years old, is shown in the article. Education includes ballet technique mastering and formation of creative individuality of this person developing a spiritual ego and building a body as a professional instrument of a ballet dancer. All these tasks are solved through a non-typical educational program including bachelor’s qualification.
Ключевые слова / Keywords:
a ballet dancer, talent, act education, non-typical character, a dancing techniques, spiritual development, professional instrument.
KONONOV A.N. Kononov A.N. – Teacher of Novosibirsk Military Institute of Internal Military Forces of the Ministry of Internal Affairs of Russia
A Role of Legal Education in Development of Scientific World View of Recruits
Страницы / Pages: 78-84
Аннотация / Annotation:
The article covers an issue of development of scientific world view of recruits. The author represents means of development of scientific world view and shows a role of legal education in a process of development of a scientific world view of recruits.
Ключевые слова / Keywords:
scientific world view, education, legal education, legal consciousness.
Аннотация / Annotation:
The article covers an issue of development of scientific world view of recruits. The author represents means of development of scientific world view and shows a role of legal education in a process of development of a scientific world view of recruits.
Ключевые слова / Keywords:
scientific world view, education, legal education, legal consciousness.
KRUPENYA E.M. Krupenya E.M. – Associate Professor of the Department for Theory and History of State and Law of a Faculty of Law of GOU VPO MGPU, PhD in Law
Importance of Studying Legal Categories in a Training Course ‘A Theory and History of State and Law’ (Considering concepts ‘a legal status’ and ‘status public law in Russia)
Страницы / Pages: 85-93
Аннотация / Annotation:
Importance of studying concepts ‘a status public law’ and ‘a legal status of a personality’ within the frameworks of a discipline ‘Theory and History of State and Law’ is considered in the article. The author focuses on the fact that theoretical and legal construct ‘a legal status of a personality’ acts as an analogue of a functional characteristic of a personality and is a scientific base making a vector in understanding a form and dynamics of status public law in Russia.
Ключевые слова / Keywords:
a public law a legal status, a social status, a political system in a society, a state, status public law.
DISCUSSING A PROBLEMАннотация / Annotation:
Importance of studying concepts ‘a status public law’ and ‘a legal status of a personality’ within the frameworks of a discipline ‘Theory and History of State and Law’ is considered in the article. The author focuses on the fact that theoretical and legal construct ‘a legal status of a personality’ acts as an analogue of a functional characteristic of a personality and is a scientific base making a vector in understanding a form and dynamics of status public law in Russia.
Ключевые слова / Keywords:
a public law a legal status, a social status, a political system in a society, a state, status public law.
GRIGORIEV A.A. Grigoriev A.A. – Senior Researcher of a Scientific and Research Institute of Theory and Practice of State Administration of the Academy of Administration under the President of the Republic of Belarus
Development of Approaches to Multiple Nationality in Conditions of Integration Relations
Страницы / Pages: 94-102
Аннотация / Annotation:
The article covers a multiple nationality, which is one of complex institutes of international law. The author tries to set a nature of this event and ways of its implementation in facilitation of migration and integration relations in Belarus.
Ключевые слова / Keywords:
a nationality, a multiple nationality, integration relations.
Аннотация / Annotation:
The article covers a multiple nationality, which is one of complex institutes of international law. The author tries to set a nature of this event and ways of its implementation in facilitation of migration and integration relations in Belarus.
Ключевые слова / Keywords:
a nationality, a multiple nationality, integration relations.
BORODINA E.N. Borodina E.N. – Teacher of Moscow College for Professional Technologies
Public Relations Included into Labor Law in Russia (Modernity)
Страницы / Pages: 103-115
Аннотация / Annotation:
Issues concerning a concept of a subject of labor law in Russia and various points of view for public relations included in labor law in Russia are considered in the article.
Ключевые слова / Keywords:
a subject of labor law, relations in obligatory insurance.
Аннотация / Annotation:
Issues concerning a concept of a subject of labor law in Russia and various points of view for public relations included in labor law in Russia are considered in the article.
Ключевые слова / Keywords:
a subject of labor law, relations in obligatory insurance.
POLOVETSKIY S.D. Polovetskiy S.D. – Deputy Director of Moscow Service in Saving Cultural Values, Doctor of History, Professor
Historic and Legal Aspects of Memorials’ Mounting in Moscow
Страницы / Pages: 116-119
Аннотация / Annotation:
The article covers a problem of studying of legal mechanisms of memorials’ mounting in Moscow. An analysis of legal aspects of activities of local urban government in memorials’ mounting is conducted. Great attention is paid to creative stage of get experience in modern conditions; proposals in qualitative improving the given work are represented.
Ключевые слова / Keywords:
law, history, legislative and executive authorities, memorials’ mounting.
Аннотация / Annotation:
The article covers a problem of studying of legal mechanisms of memorials’ mounting in Moscow. An analysis of legal aspects of activities of local urban government in memorials’ mounting is conducted. Great attention is paid to creative stage of get experience in modern conditions; proposals in qualitative improving the given work are represented.
Ключевые слова / Keywords:
law, history, legislative and executive authorities, memorials’ mounting.
IVANOV S.A. Ivanov S.A. – Associate Professor of the Department of Theory and History of State and Law of Moscow University of the Ministry of Internal Affairs of Russia, PhD in Law
Meaning of Comparative and Historic Method for Law and Education in Russia
Страницы / Pages: 120-125
Аннотация / Annotation:
A comparative and historic method effected on development of Russian jurisprudence but its abilities are underestimated by modern investigators of law.
Ключевые слова / Keywords:
a comparative and historic method, comparative criteria, comparative legal studies, general and special laws of arising and development of state and legal events.
Аннотация / Annotation:
A comparative and historic method effected on development of Russian jurisprudence but its abilities are underestimated by modern investigators of law.
Ключевые слова / Keywords:
a comparative and historic method, comparative criteria, comparative legal studies, general and special laws of arising and development of state and legal events.
MARKOVSKIKH O.V. Markovskikh O.V. – Senior Teacher of the Department of General Human and Natural Scientific Disciplines of Krasnogorsk Branch of Russian Academy for Russian Economy and State Service under the President of the Russian Federation
Legal Culture as a Component of Professional Competence of a Manager
Страницы / Pages: 126-129
Аннотация / Annotation:
The article covers an issue of development of legal culture of a future manager in an educational approach. Great attention is paid to modern methods and principles of legal students training. A modular principle of development of legal skills is analyzed in details.
Ключевые слова / Keywords:
legal culture, professional competence, a student, a modular principle,, a situational approach.
ISSUES OF HISTORYАннотация / Annotation:
The article covers an issue of development of legal culture of a future manager in an educational approach. Great attention is paid to modern methods and principles of legal students training. A modular principle of development of legal skills is analyzed in details.
Ключевые слова / Keywords:
legal culture, professional competence, a student, a modular principle,, a situational approach.
SULIMOV V.S. Sulimov V.S. – Associate Professor of the Department of Law and Methods of Teaching of Natural Sciences of Tobolsk State Social and Pedagogic Academy in the name of D.I.Mendeleev, PhD in History
Administration of Kazak Schools in Western Siberia in the second half of 19th- the beginning of 20th centuries
Страницы / Pages: 130-135
Аннотация / Annotation:
The article covers studying a process of administration of Kazak schools in Western Siberia in the second half of 19th-the beginning of 20th centuries. The purpose of work is in considering of development of a system of administration of public Kazak education. Stages of organization of primary education of Kazaks attention is paid to education of Kazaks and specifics of each period are set.
Ключевые слова / Keywords:
Kazaks, forces, Siberia, a reform, a school, a college, an educational district.
Аннотация / Annotation:
The article covers studying a process of administration of Kazak schools in Western Siberia in the second half of 19th-the beginning of 20th centuries. The purpose of work is in considering of development of a system of administration of public Kazak education. Stages of organization of primary education of Kazaks attention is paid to education of Kazaks and specifics of each period are set.
Ключевые слова / Keywords:
Kazaks, forces, Siberia, a reform, a school, a college, an educational district.
SHUBOVICH V.G. Shubovich V.G. – Associate Professor of the Department of Computer Engineering of Ulyanovsk State Pedagogic University in the name of I.N. Ulyanov, PhD in Technical Sciences
Arising and Development of a System of Professional Education in Russia at the turn of 19th-20th centuries
Страницы / Pages: 136-142
Аннотация / Annotation:
The author studies a problem of development of professional education in Russia at the turn of 19th-20th centuries and analyzes hard and weak government’s activities in education and represents the most important documents in this sphere.
Ключевые слова / Keywords:
a craft, a department of education, entrepreneurship, industry, plants, hand work an agricultural school, girls’ professional education.
Аннотация / Annotation:
The author studies a problem of development of professional education in Russia at the turn of 19th-20th centuries and analyzes hard and weak government’s activities in education and represents the most important documents in this sphere.
Ключевые слова / Keywords:
a craft, a department of education, entrepreneurship, industry, plants, hand work an agricultural school, girls’ professional education.
LEPEKHIN V.A. Lepekhin V.A. – Postgraduate Student of the International Legal Institute
Development of a Law-Enforcement System for the Provisional Government
Страницы / Pages: 143-150
Аннотация / Annotation:
The article covers development of a law-enforcement system in a period of the February Revolution in 1917. The author pays attention to organizational and legal aspects of the problem.
Ключевые слова / Keywords:
a law-enforcement system, the Provisional Government, law-enforcement policy, militia, police, legal traditions of pre-revolutionary Russia, a special corps of gendarmes, a gendarmerie.
A SCIENTIFIC DEBUTАннотация / Annotation:
The article covers development of a law-enforcement system in a period of the February Revolution in 1917. The author pays attention to organizational and legal aspects of the problem.
Ключевые слова / Keywords:
a law-enforcement system, the Provisional Government, law-enforcement policy, militia, police, legal traditions of pre-revolutionary Russia, a special corps of gendarmes, a gendarmerie.
DAUTIA T.V. Dautia T.V. – Senior Jurist Consult of Legal Support of Repair and Construction Contracts of NACHOU VPO the Modern University for the Humanities
Civil and Legal Regulation of Legal Relations between a Self-Regulating Organization in a Sphere of Construction and its Member for Granting Access to Works for a Contractor
Страницы / Pages: 151-160
Аннотация / Annotation:
Specifics of legal and civil regulation of relations between a self-regulating organization in a sphere of construction and its member for granting access to engineering works, design, construction, extensive repair for a contractor on the basis of a contract concluded by a legal entity or an legal person is considered; specifics of legal and civil status of members of self-regulating organizations-contractors in construction are determined; an analysis of the existing legislation regulating granting access to works for a contractor and dynamics of its development are investigated.
Ключевые слова / Keywords:
self-regulating organizations, construction, engineering design works, a general contractor, minimally necessary requirements to granting access to construction works.
Аннотация / Annotation:
Specifics of legal and civil regulation of relations between a self-regulating organization in a sphere of construction and its member for granting access to engineering works, design, construction, extensive repair for a contractor on the basis of a contract concluded by a legal entity or an legal person is considered; specifics of legal and civil status of members of self-regulating organizations-contractors in construction are determined; an analysis of the existing legislation regulating granting access to works for a contractor and dynamics of its development are investigated.
Ключевые слова / Keywords:
self-regulating organizations, construction, engineering design works, a general contractor, minimally necessary requirements to granting access to construction works.
ZABELIN P.E. Zabelin P.E. – Postgraduate Student of the Modern University for the Humanities
Correlation between a Franchise Agreement and an Allied Agreement
Страницы / Pages: 161-171
Аннотация / Annotation:
The article covers problems of correlation between a franchise agreement and an allied agreement. A comparative analysis of these contracts is conducted within the frameworks of a research in order to determine definite parameters, existence of which enables to conclude that in spite of formal resemblance of a franchise agreement with other agreements, it is a separate civil agreement.
Ключевые слова / Keywords:
entrepreneurship, franchising, a franchise, an item covers by exclusive rights, a scope of exclusive rights.
Аннотация / Annotation:
The article covers problems of correlation between a franchise agreement and an allied agreement. A comparative analysis of these contracts is conducted within the frameworks of a research in order to determine definite parameters, existence of which enables to conclude that in spite of formal resemblance of a franchise agreement with other agreements, it is a separate civil agreement.
Ключевые слова / Keywords:
entrepreneurship, franchising, a franchise, an item covers by exclusive rights, a scope of exclusive rights.
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
Social and Economic Conditions of Development of Legal Basis for Fighting Against Criminality during NEP (New Economic Policy) in 1921-1928 in Simbirsk Region
Страницы / Pages: 172-177
Аннотация / Annotation:
A situation in Russia in 1921–1928 is analyzed in the article. The problems concerning criminality in Simbirsk region and conditions of development of a legal basis for fighting against criminality are represented.
Ключевые слова / Keywords:
NEP (new economic policy), a crisis, a surplus appropriation system, an agricultural tax in kind, military communism, cooperation, terror, a barter, racketeering.
Аннотация / Annotation:
A situation in Russia in 1921–1928 is analyzed in the article. The problems concerning criminality in Simbirsk region and conditions of development of a legal basis for fighting against criminality are represented.
Ключевые слова / Keywords:
NEP (new economic policy), a crisis, a surplus appropriation system, an agricultural tax in kind, military communism, cooperation, terror, a barter, racketeering.
TARANTSOVA D.M. Tarantsova D.M. – Prosecutor of the Department of the Office of the Prosecutor General of the Russian Federation
Theoretical Issues of Interaction between Prosecution Agencies with the Ombudsman Institute
Страницы / Pages: 178-182
Аннотация / Annotation:
The article covers interaction between Russian prosecution agencies and the ombudsman in the Russian Federation and conditions of an interaction between the given structures.
Ключевые слова / Keywords:
interaction, the ombudsman in the Russian Federation, the prosecutor’s office, conditions of interaction, goals and tasks of interaction.
Аннотация / Annotation:
The article covers interaction between Russian prosecution agencies and the ombudsman in the Russian Federation and conditions of an interaction between the given structures.
Ключевые слова / Keywords:
interaction, the ombudsman in the Russian Federation, the prosecutor’s office, conditions of interaction, goals and tasks of interaction.