Право и образование
№ 02 • 2013
ISSUES OF EDUCATION
KANANYKINA E.S. Kananykina E.S. – PhD in Law
Legal Documents of a Reform of Education: Roman and German Legal System
Страницы / Pages: 4-20
Аннотация / Annotation:
The article covers issues of determination of forms of right for education in European countries in conditions of changed legislative base on issues of secondary and higher education and creation of common European educational dimension.
Ключевые слова / Keywords:
an educational doctrine, European law, the Bologna process, a legislation of education.
Аннотация / Annotation:
The article covers issues of determination of forms of right for education in European countries in conditions of changed legislative base on issues of secondary and higher education and creation of common European educational dimension.
Ключевые слова / Keywords:
an educational doctrine, European law, the Bologna process, a legislation of education.
ZAUTOROVE E.V. Zautorove E.V. – Doctor of Pedagogy, Associate Professor
Organization of an Educational Process in Penal Institutions of Foreign Countries
Страницы / Pages: 21-26
Аннотация / Annotation:
A short review of issues related to organization of an educational process in penal institutions of foreign countries (the USA, the Great Britain, Germany, France, Ukraine) in order to work with imprisoned people is represented in the article.
Ключевые слова / Keywords:
penal institutions of foreign countries, imprisoned people, an educational process, increasing of education of prisoners.
Аннотация / Annotation:
A short review of issues related to organization of an educational process in penal institutions of foreign countries (the USA, the Great Britain, Germany, France, Ukraine) in order to work with imprisoned people is represented in the article.
Ключевые слова / Keywords:
penal institutions of foreign countries, imprisoned people, an educational process, increasing of education of prisoners.
MELNICHUK O.F. Melnichuk O.F. – PhD in Law, Associate Professor
Main Ideas of Human Right for Education in Russian and Ukranian Philosophic and Legal Views in 19th Century
Страницы / Pages: 27-32
Аннотация / Annotation:
Main ideas of human right for education in Russian and Ukranian philosophic and legal views in 19th century are analyzed. Conceptual statements of the given right in works of P. Yurkevich, M. Dragomanov, K. Ushinskiy, I. Franko, B. Kistyakovskiy, are generalized. A conclusion of expression of progressive ideas by philosophers, that are used in modern educational legislation, is made.
Ключевые слова / Keywords:
a right for education, conceptual ideas of a right for education, P. Yurkevich, M. Dragomanov, K. Ushinskiy, I. Franko, K. Kistyakovskiy.
Аннотация / Annotation:
Main ideas of human right for education in Russian and Ukranian philosophic and legal views in 19th century are analyzed. Conceptual statements of the given right in works of P. Yurkevich, M. Dragomanov, K. Ushinskiy, I. Franko, B. Kistyakovskiy, are generalized. A conclusion of expression of progressive ideas by philosophers, that are used in modern educational legislation, is made.
Ключевые слова / Keywords:
a right for education, conceptual ideas of a right for education, P. Yurkevich, M. Dragomanov, K. Ushinskiy, I. Franko, K. Kistyakovskiy.
KOSARZHEVSKAYA O.G.
Kosarzhevskaya O.G.
–
An Issue of Necessity of Improvement of Teaching a Course ‘Municipal Law’
Страницы / Pages: 33-41
Аннотация / Annotation:
Necessity of increasing contents of a curriculum of a course ‘Municipal Law’ for bachelors is investigated in the article. New approaches to determining legal entities of municipal property are set. Consideration of this issue has got great theoretical and practical value especially in a period of reforming of local governance in the Russian Federation.
Ключевые слова / Keywords:
issues of local governance, local government, municipal property, municiapl assets, legal regulation.
Аннотация / Annotation:
Necessity of increasing contents of a curriculum of a course ‘Municipal Law’ for bachelors is investigated in the article. New approaches to determining legal entities of municipal property are set. Consideration of this issue has got great theoretical and practical value especially in a period of reforming of local governance in the Russian Federation.
Ключевые слова / Keywords:
issues of local governance, local government, municipal property, municiapl assets, legal regulation.
POKLADOVA V.A.
Pokladova V.A.
–
Experience of Utilization of Methods of Active Training in a Pedagogic Univeristy
Страницы / Pages: 42-48
Аннотация / Annotation:
Necessity of application of methods of active training in a whole process of students’ training in a pedagogic university, that fully change educational traditions, is reasoned in the article. Specifics of methods of active training are based on field training i.e. in realistic environment. Great attention is paid to methods of problem representation (methods of representative problem solving) and methods of organization of free searching by students (methods of organization of a independent solution).
Ключевые слова / Keywords:
active training methods, pedagogic activity, active professional training, motivation educational environment.
THEORY OF LAWАннотация / Annotation:
Necessity of application of methods of active training in a whole process of students’ training in a pedagogic university, that fully change educational traditions, is reasoned in the article. Specifics of methods of active training are based on field training i.e. in realistic environment. Great attention is paid to methods of problem representation (methods of representative problem solving) and methods of organization of free searching by students (methods of organization of a independent solution).
Ключевые слова / Keywords:
active training methods, pedagogic activity, active professional training, motivation educational environment.
TROFIMOV V.V. Trofimov V.V. – Doctor of Law, Associate Professor
Regulations in Law: A Problem of a Research of Objective and Social Fundamentals
Страницы / Pages: 49-57
Аннотация / Annotation:
A problem of objective social considerations of legal regulation is considered in the article. A ratio between legal regulation and typical processes in a society is investigated. Necessity of a research of a mechanism of development of legal regulation by using modern social and philosophic approach is shown.
Ключевые слова / Keywords:
law, legal regulations, regulation, a society, a system, social rules, interaction, rules of behavior.
Аннотация / Annotation:
A problem of objective social considerations of legal regulation is considered in the article. A ratio between legal regulation and typical processes in a society is investigated. Necessity of a research of a mechanism of development of legal regulation by using modern social and philosophic approach is shown.
Ключевые слова / Keywords:
law, legal regulations, regulation, a society, a system, social rules, interaction, rules of behavior.
BELYAEVA O.M. Belyaeva O.M. – PhD in Law, Associate Professor
A Project of an Ideal State and a System of Education by Plato
Страницы / Pages: 58-66
Аннотация / Annotation:
Two well-known works of Plato ‘State’ and ‘Laws’ including political and legal views of a philosopher on state and social order of an ideal state and a system of education of citizens are analyzed in the article. The system of education by Plato sets social inequality of citizens. Also various forms of a state named by Plato in the dialog ‘State’ are considered.
Ключевые слова / Keywords:
a system of education, a project of an ideal state, Plato, society, laws.
Аннотация / Annotation:
Two well-known works of Plato ‘State’ and ‘Laws’ including political and legal views of a philosopher on state and social order of an ideal state and a system of education of citizens are analyzed in the article. The system of education by Plato sets social inequality of citizens. Also various forms of a state named by Plato in the dialog ‘State’ are considered.
Ключевые слова / Keywords:
a system of education, a project of an ideal state, Plato, society, laws.
KVACHEVA P.I. Kvacheva P.I. – Doctor of Law, Professor
A Problem of Sociogenesis of an Institute of a State in Cosmological Concepts
Страницы / Pages: 67-73
Аннотация / Annotation:
Various representations of ‘beginning’ in ancient society and states for one of the most important problem of sociogenesis of an institute of a state in cosmological concepts are considered in the article. It is stated that transfer from non-organizaed chaos to a legal state is a real base for myths related not to arising cosmos as a whole but these or those animals, natural events, traditions, and customs, that proves achievment of natural and social order.
Ключевые слова / Keywords:
state, philosophy, chaos, cosmos, mythology, religion.
Аннотация / Annotation:
Various representations of ‘beginning’ in ancient society and states for one of the most important problem of sociogenesis of an institute of a state in cosmological concepts are considered in the article. It is stated that transfer from non-organizaed chaos to a legal state is a real base for myths related not to arising cosmos as a whole but these or those animals, natural events, traditions, and customs, that proves achievment of natural and social order.
Ключевые слова / Keywords:
state, philosophy, chaos, cosmos, mythology, religion.
PRISTENSKIY V.N. Pristenskiy V.N. – PhD in Philosophy, Associate Professor
Law in Dimension of Geopolitical Interaction ‘West-NonWest’ (Social and Philosophic Aspect)
Страницы / Pages: 74-79
Аннотация / Annotation:
Anthropological levels of law are analyzed in the article. The author shows that they determine typological differences inside a human being such as existing west and non-west types and show themselves within the context of geopolitical interaction ‘West-Nonwest’.
Ключевые слова / Keywords:
a law, a human being, mentality, ethnos.
DISCUSSING A PROBLEMАннотация / Annotation:
Anthropological levels of law are analyzed in the article. The author shows that they determine typological differences inside a human being such as existing west and non-west types and show themselves within the context of geopolitical interaction ‘West-Nonwest’.
Ключевые слова / Keywords:
a law, a human being, mentality, ethnos.
DAMASKIN O.V. Damaskin O.V. – Doctor of Law, Professor, Honoured Lawyer of The Russian Federation
State Power in Modern Russia: Problems and Challenges
Страницы / Pages: 80-87
Аннотация / Annotation:
Actual theoretical and legal aspects of state building in interests of security of state and society are conisdered in the article.
Ключевые слова / Keywords:
a state, power, elections, society, law.
Аннотация / Annotation:
Actual theoretical and legal aspects of state building in interests of security of state and society are conisdered in the article.
Ключевые слова / Keywords:
a state, power, elections, society, law.
PANCHENKO V.YU. Panchenko V.Yu. – PhD in Law
SHAIKHUTDINOV V.M. Shaikhutdinov V.M. – PhD in Law
Some Actual Problems of Participation of a Procurator in Civil and Arbitration Procedures
Страницы / Pages: 88-93
Аннотация / Annotation:
The article covers issues of legal regulation and juridical practice of participation of procurator in modern Russian civil and arbitration procedures. Authors conclude of inadmissability of mixture of functions of a procurator taking part in judicial cases, replacement of other control and supervising organs of state power by procurators and inexpediency of appeal of a procurator to higher authorities in case of legal and reasoned refusal of procurator’s requirements and proposes measures for fighting against these negative tendencies.
Ключевые слова / Keywords:
procurator’s supervision, a civil procedure, a criminal procedure, juridical aid, public interest.
Аннотация / Annotation:
The article covers issues of legal regulation and juridical practice of participation of procurator in modern Russian civil and arbitration procedures. Authors conclude of inadmissability of mixture of functions of a procurator taking part in judicial cases, replacement of other control and supervising organs of state power by procurators and inexpediency of appeal of a procurator to higher authorities in case of legal and reasoned refusal of procurator’s requirements and proposes measures for fighting against these negative tendencies.
Ключевые слова / Keywords:
procurator’s supervision, a civil procedure, a criminal procedure, juridical aid, public interest.
IBRAGIMOV K.KH. Ibragimov K.Kh. – Doctor of Agriculture, PhD in Law, Professor
Stimula and Limitations in Activity of a State Inspector in a Sphere of Land Use and Protection in Agriculture
Страницы / Pages: 94-104
Аннотация / Annotation:
Stimula and limitations in activity of a state inspector in a field of land use and protection in agriculture are considered in the article. Effective measures of material and moral stimulation of state inspectors are proposed. A list of restricted measures in state inspectors’ activity is given. Elements of a system of such a motivation, when each state inspector can not only takes care of quality of his work but also takes care of general success of state inspections.
Ключевые слова / Keywords:
agricultural lands, control in a sphere of land use and protection in agriculture, a state inspector, stimula, limitations.
Аннотация / Annotation:
Stimula and limitations in activity of a state inspector in a field of land use and protection in agriculture are considered in the article. Effective measures of material and moral stimulation of state inspectors are proposed. A list of restricted measures in state inspectors’ activity is given. Elements of a system of such a motivation, when each state inspector can not only takes care of quality of his work but also takes care of general success of state inspections.
Ключевые слова / Keywords:
agricultural lands, control in a sphere of land use and protection in agriculture, a state inspector, stimula, limitations.
SIVOLAP T.E. Sivolap T.E. – PhD in History, Associate Professor
Some Problems of Protection of Intellectual Property in the Russian Legislation
Страницы / Pages: 105-113
Аннотация / Annotation:
The article covers problems of protection of objects of intellectual property. Intellectual property law is comparatively young legal institute in Russia. Problems of protection of intellectual property in Russia were not on the first place earlier because of absence of necessity of such protection in Soviet period.
Ключевые слова / Keywords:
intellectual property law, non-material objects, executive proceedings, author’s law, patent law.
Аннотация / Annotation:
The article covers problems of protection of objects of intellectual property. Intellectual property law is comparatively young legal institute in Russia. Problems of protection of intellectual property in Russia were not on the first place earlier because of absence of necessity of such protection in Soviet period.
Ключевые слова / Keywords:
intellectual property law, non-material objects, executive proceedings, author’s law, patent law.
MIKHAILENKO E.M. Mikhailenko E.M. – PhD in Law, Associate Professor
FEFILOV E.A.
Fefilov E.A.
–
ACTUAL PROBLEMS OF BANKRUPCY OF BUILDERS
Страницы / Pages: 114-126
Аннотация / Annotation:
The article covers actual problems of bankrupcy of builders related to implementation of the paragraph 7 of the Federal Law No.210-FZ ‘Bankrupcy’ dated July 12, 2011 into the Chapter 9 of the Federal Law No.127-FZ ‘Bankrupcy’ dated October 26, 2002. There is an analysis of disputes in application of statements implemennted through this paragraph. Great attention is paid to investigation of ratio between new definitions specially implemented through the paragraph 7 and usual terms existing in regulations of the Federal Law No.127-FZ ‘Bankrupcy’ dated October 26, 2002. Also an issue of an ability of application of statements of the paragraph 7 to legal relations regulating order of claiming by participant of building (creditors) to a builder concerning transfer of non-living premises is investigated in the article.
Ключевые слова / Keywords:
law, bankrupcy, builder, a participant of building, claiming of transfer of non-living premises.
Аннотация / Annotation:
The article covers actual problems of bankrupcy of builders related to implementation of the paragraph 7 of the Federal Law No.210-FZ ‘Bankrupcy’ dated July 12, 2011 into the Chapter 9 of the Federal Law No.127-FZ ‘Bankrupcy’ dated October 26, 2002. There is an analysis of disputes in application of statements implemennted through this paragraph. Great attention is paid to investigation of ratio between new definitions specially implemented through the paragraph 7 and usual terms existing in regulations of the Federal Law No.127-FZ ‘Bankrupcy’ dated October 26, 2002. Also an issue of an ability of application of statements of the paragraph 7 to legal relations regulating order of claiming by participant of building (creditors) to a builder concerning transfer of non-living premises is investigated in the article.
Ключевые слова / Keywords:
law, bankrupcy, builder, a participant of building, claiming of transfer of non-living premises.
DZHINDZHOLIA K.K.
Dzhindzholia K.K.
–
Conditions of Adoption in Family Law of the Republic of Abkhasia and the Russian Federation
Страницы / Pages: 127-133
Аннотация / Annotation:
A comparative analysis of some conditions legally fixed in the legislation of the Republic of Abkhasia is conducted in the article. The author pays attention to charecteristics of consent from the set scope of persons as one of obligatory conditions of adoption fixed in legislations of Abkhasia and the Russian Federation. It is stated that initial and final condition is a consent of an adopter. Regulations of family legislation protecting interests of a child are stated.
Ключевые слова / Keywords:
family law, adoption, conditions of adoption, an adopter, an adopting child, foster, legal guardianship.
Аннотация / Annotation:
A comparative analysis of some conditions legally fixed in the legislation of the Republic of Abkhasia is conducted in the article. The author pays attention to charecteristics of consent from the set scope of persons as one of obligatory conditions of adoption fixed in legislations of Abkhasia and the Russian Federation. It is stated that initial and final condition is a consent of an adopter. Regulations of family legislation protecting interests of a child are stated.
Ключевые слова / Keywords:
family law, adoption, conditions of adoption, an adopter, an adopting child, foster, legal guardianship.
RYBIN I.V.
Rybin I.V.
–
Purposes of Application of Deprivation of Freedom for Life
Страницы / Pages: 134-140
Аннотация / Annotation:
A statement of a purpose of deprivation of freedom for life is reasoned in the article. Main directions of this purpose are set.
Ключевые слова / Keywords:
a purpose of deprivation of freedom for life, correction, social equaliy, compensatory nature, special prevention.
PAGES OF HISTORYАннотация / Annotation:
A statement of a purpose of deprivation of freedom for life is reasoned in the article. Main directions of this purpose are set.
Ключевые слова / Keywords:
a purpose of deprivation of freedom for life, correction, social equaliy, compensatory nature, special prevention.
DRUZHILOV S.A. Druzhilov S.A. – PhD in Psychology, Associate Professor
Extensive Development of Higher School in a Period of Forced Reconstruction of Economy
Страницы / Pages: 141-153
Аннотация / Annotation:
Development of Russian system of higher professional education in a period of two pre-war five-years is considered in the article. It is shown that reconstruction of economy the country initiated without having necessary number of qualified scientists and engineers. Development of higher school was expressed in fast increasing of number of students and universities. Financing of higher education has been increasing. Value of Russian system of higher professional education for modernization of a country and a society is analyzed in the article.
Ключевые слова / Keywords:
high school, industrialization, reforming, pre-war five-years, university teachers, intelligence, repressions.
Аннотация / Annotation:
Development of Russian system of higher professional education in a period of two pre-war five-years is considered in the article. It is shown that reconstruction of economy the country initiated without having necessary number of qualified scientists and engineers. Development of higher school was expressed in fast increasing of number of students and universities. Financing of higher education has been increasing. Value of Russian system of higher professional education for modernization of a country and a society is analyzed in the article.
Ключевые слова / Keywords:
high school, industrialization, reforming, pre-war five-years, university teachers, intelligence, repressions.
ZARUBIN S.A.
Zarubin S.A.
–
Legal Charecteristics of Crimes against the State in the Ancient Rome in Researches of European Scientists in 19th-20th centuries
Страницы / Pages: 154-159
Аннотация / Annotation:
The article covers a problem of studying a concept ‘crime against the state’ and laws of state crimes in the Ancient Rome in Western European and American scientific literature in 19th-20th centuries. Charecteristics of a degree of scientific researches of the set problem are given on the basis of analysis of fundamental works. Great attention is paid to legal charecteristics of a concept ‘crime against the state’ and related laws.
Ключевые слова / Keywords:
Roman law, history of Roman law and state, a crime against the state in teh Ancient Rome, laws of crimes against the state.
A SCIENTIFIC DEBUTАннотация / Annotation:
The article covers a problem of studying a concept ‘crime against the state’ and laws of state crimes in the Ancient Rome in Western European and American scientific literature in 19th-20th centuries. Charecteristics of a degree of scientific researches of the set problem are given on the basis of analysis of fundamental works. Great attention is paid to legal charecteristics of a concept ‘crime against the state’ and related laws.
Ключевые слова / Keywords:
Roman law, history of Roman law and state, a crime against the state in teh Ancient Rome, laws of crimes against the state.
ZATONSLIY S.A.
Zatonsliy S.A.
–
Legal Relations in Enforcement Proceedings with Minors
Страницы / Pages: 160-166
Аннотация / Annotation:
Legal relations in enforcement proceedings with minors are investigated in the article. Effective methods of protection of rights and interests of minors are proposed.
Ключевые слова / Keywords:
legal relations, a sanction, minors, enforcement proceedings, parents.
Аннотация / Annotation:
Legal relations in enforcement proceedings with minors are investigated in the article. Effective methods of protection of rights and interests of minors are proposed.
Ключевые слова / Keywords:
legal relations, a sanction, minors, enforcement proceedings, parents.
STOLETNIY A.P.
Stoletniy A.P.
–
New Approaches to Civil and Legal Regulation of a Sphere of Copyrights in Internet
Страницы / Pages: 167-176
Аннотация / Annotation:
The article covers a problem of violation of author’s law in Internet. Modern Internet-technologies create a unique legal situation that is impossibly to resolve effectively through existing legislative approaches and principles. The author investigates reasons of this event and proposes new methods of solving problems of violation of author’s law in Internet. Proposals on improvement of author’s legislation are made on the basis of an analysis of statistics of a level of piracy and state of protection of author’s law in Internet.
Ключевые слова / Keywords:
law, civil and legal regulation, author’s law, protection of author’s law, implementation of author’s law, Internet, Internet-technologies.
Аннотация / Annotation:
The article covers a problem of violation of author’s law in Internet. Modern Internet-technologies create a unique legal situation that is impossibly to resolve effectively through existing legislative approaches and principles. The author investigates reasons of this event and proposes new methods of solving problems of violation of author’s law in Internet. Proposals on improvement of author’s legislation are made on the basis of an analysis of statistics of a level of piracy and state of protection of author’s law in Internet.
Ключевые слова / Keywords:
law, civil and legal regulation, author’s law, protection of author’s law, implementation of author’s law, Internet, Internet-technologies.
SABIEV S.SH.
Sabiev S.Sh.
–
Necessity of Criminal and Legal Analysis of Components of a Crime Set in the Articles 185.3 and 185.4 of the Criminal Code of the Russian Federation
Страницы / Pages: 177-183
Аннотация / Annotation:
Estimation of legal restriction for actions related to manipulation and other actions on market including securities market is given on an analysis of components of crimes fixed in the articles 185.3 and 185.4. Proposals in improvement of legal regulation of criminal responsibility for the set crimes are represented.
Ключевые слова / Keywords:
market, manipulations, securities, goods, money, financial instruments, loss avoidance, profit in excess.
Аннотация / Annotation:
Estimation of legal restriction for actions related to manipulation and other actions on market including securities market is given on an analysis of components of crimes fixed in the articles 185.3 and 185.4. Proposals in improvement of legal regulation of criminal responsibility for the set crimes are represented.
Ключевые слова / Keywords:
market, manipulations, securities, goods, money, financial instruments, loss avoidance, profit in excess.