Право и образование
№ 02 • 2014
MODERN EDUCATION
SYUBAREVA I.F. Syubareva I.F. – doctor of pedagogics, candidate of jurisprudence
Transformation tendencies of financial and property status of educational institutions: legal aspect
Страницы / Pages: 4-10
Аннотация / Annotation:
The article reviews tendencies associated with change in the regime of financing of educational institutions, realization of economic activities by the educational institutions, strengthening of their economic independence and finally draws a conclusion on the progressive orientation of the tendencies revealed.
Ключевые слова / Keywords:
legal regulation, educational institutions, institutions, property, financing.
Аннотация / Annotation:
The article reviews tendencies associated with change in the regime of financing of educational institutions, realization of economic activities by the educational institutions, strengthening of their economic independence and finally draws a conclusion on the progressive orientation of the tendencies revealed.
Ключевые слова / Keywords:
legal regulation, educational institutions, institutions, property, financing.
NAGAEVA I.A. Nagaeva I.A. – candidate of pedagogical sciences, associate professor
Specifics of realization of inclusive education in Russia
Страницы / Pages: 11-14
Аннотация / Annotation:
The article analyses the problem of realization of equal opportunities of disabled students to study in higher school. Considered very important questions of education by means of distance educational technologies as a factor of modern education. Also the solutions of the issue, both at the legislative and technological levels.
Ключевые слова / Keywords:
inclusive education, distance education technologies, education law, restrictions on health.
Аннотация / Annotation:
The article analyses the problem of realization of equal opportunities of disabled students to study in higher school. Considered very important questions of education by means of distance educational technologies as a factor of modern education. Also the solutions of the issue, both at the legislative and technological levels.
Ключевые слова / Keywords:
inclusive education, distance education technologies, education law, restrictions on health.
REPIN E.YA. Repin E.Ya. – Lead researcher of the research laboratory management and control systems the Far Eastern Federal University
Rating system of universities: Criteria and Indicators for Assessing
Страницы / Pages: 15-21
Аннотация / Annotation:
In the last decades of the twentieth century, ranking score turned into a widespread tool of systematic data in relation to the object of study in various fields of human activity and reflecting the current state of the object and the prospects for its development in conflict situations.
Ключевые слова / Keywords:
university ranking system of rating systems, criteria and indicators to measure.
Аннотация / Annotation:
In the last decades of the twentieth century, ranking score turned into a widespread tool of systematic data in relation to the object of study in various fields of human activity and reflecting the current state of the object and the prospects for its development in conflict situations.
Ключевые слова / Keywords:
university ranking system of rating systems, criteria and indicators to measure.
VORONINA A.A Voronina A.A – candidate of jurisprudence, head of chair of law of Russian State Professional and Pedagogical University
PARAMONOVA S.V. Paramonova S.V. – chief of Staff of the Ural State Law Academy
Qualification of science teaching staff As a condition of new educational technology
Страницы / Pages: 22-29
Аннотация / Annotation:
The article deals with the problem of introducing new educational technologies taking into account the actual qualification of university staff. The author proposes to solve the problem concerning the inadequacy for the qualification of educational research workers by changing the approaches to training the lecturers themselves.
Ключевые слова / Keywords:
skill level, educational research workers, professional training, further training, professional, higher education.
Аннотация / Annotation:
The article deals with the problem of introducing new educational technologies taking into account the actual qualification of university staff. The author proposes to solve the problem concerning the inadequacy for the qualification of educational research workers by changing the approaches to training the lecturers themselves.
Ключевые слова / Keywords:
skill level, educational research workers, professional training, further training, professional, higher education.
IVANOV G.A. Ivanov G.A. – assistant professor of humanities, social and economic disciplines, PhD
Features of the pedagogical identity of the teacher of the higher school as intellectuals of median type (to a question of preparation of jurists mediators)
Страницы / Pages: 30-40
Аннотация / Annotation:
In article the pedagogical intellectuals as a sociocultural phenomenon are considered and carried to the intellectuals of median type. Signs of a medialnost of the pedagogical intellectuals are described, the differentiating signs distinguishing medial type from allocated with the author of conservative and traditionalist (antinomichny) and liberal and radical (ambivalent) of types of difficult stratified modern Russian intellectuals are called. To personality A.F. Koni and A.F. Losev are offered as samples of pedagogical persons of medial type.
Ключевые слова / Keywords:
the pedagogical intellectuals, the intellectuals of median type, mediation, median culture, concepts the intellectuals – intelligence – the intellectual; russian intellectuals as sociocultural phenomenon.
Аннотация / Annotation:
In article the pedagogical intellectuals as a sociocultural phenomenon are considered and carried to the intellectuals of median type. Signs of a medialnost of the pedagogical intellectuals are described, the differentiating signs distinguishing medial type from allocated with the author of conservative and traditionalist (antinomichny) and liberal and radical (ambivalent) of types of difficult stratified modern Russian intellectuals are called. To personality A.F. Koni and A.F. Losev are offered as samples of pedagogical persons of medial type.
Ключевые слова / Keywords:
the pedagogical intellectuals, the intellectuals of median type, mediation, median culture, concepts the intellectuals – intelligence – the intellectual; russian intellectuals as sociocultural phenomenon.
E.V. AGALAKOVA
E.V. Agalakova
–
Features of spiritual and moral education of school students in system of additional education in a context of requirements of normative legal acts
Страницы / Pages: 41-46
Аннотация / Annotation:
The analysis of features of spiritual and moral education of school students is presented in article in system of additional education in a context of requirements of regulations.
Ключевые слова / Keywords:
spiritual and moral education, additional education, FGOS and FGT, the Federal law “About education in the Russian Federation”, “The standard provision on educational institution of additional education of children”.
EDUCATION ABROADАннотация / Annotation:
The analysis of features of spiritual and moral education of school students is presented in article in system of additional education in a context of requirements of regulations.
Ключевые слова / Keywords:
spiritual and moral education, additional education, FGOS and FGT, the Federal law “About education in the Russian Federation”, “The standard provision on educational institution of additional education of children”.
DUBROVINA O.V.
Dubrovina O.V.
–
Reforms of the higher education in Italy: historical and contemporary aspects
Страницы / Pages: 47-60
Аннотация / Annotation:
This article reports on the problems of higher education in Italy from the end of the 19th century until the latest reforms by the Minister of Education M. Gelmini. This body of research is devoted to the historical development of the higher education system and the many unsuccessful attempts to reform it in front of its transformation from élite education to the popular one as well as the economical and social changes in the second half of the 20th century. In this paper we also explore the shortcomings of the new European “Bologna process” brought into Italian reality in order to resolve long-standing issues such as the low percentage of university degrees among the population, the high percent of students who don’t finish their studies within the provided time, etc. Results suggest that the majority of these issues were not resolved due to the score of spontaneous and nonprogrammable reforms and the incapacity of the national authority to manage the relationship between the central administration and the local university autonomy.
Ключевые слова / Keywords:
higher education in Italy; Bologna process; higher education system.
Аннотация / Annotation:
This article reports on the problems of higher education in Italy from the end of the 19th century until the latest reforms by the Minister of Education M. Gelmini. This body of research is devoted to the historical development of the higher education system and the many unsuccessful attempts to reform it in front of its transformation from élite education to the popular one as well as the economical and social changes in the second half of the 20th century. In this paper we also explore the shortcomings of the new European “Bologna process” brought into Italian reality in order to resolve long-standing issues such as the low percentage of university degrees among the population, the high percent of students who don’t finish their studies within the provided time, etc. Results suggest that the majority of these issues were not resolved due to the score of spontaneous and nonprogrammable reforms and the incapacity of the national authority to manage the relationship between the central administration and the local university autonomy.
Ключевые слова / Keywords:
higher education in Italy; Bologna process; higher education system.
NIKOLAEV B.V. Nikolaev B.V. – candidate of historical sciences, associate professor,
EMELIN M.Y.
Emelin M.Y.
–
The problem of equality and reverse discrimination in the U.S. higher education system: Fischer against the University of Texas
Страницы / Pages: 61-65
Аннотация / Annotation:
The article considers the decision of the U.S. Supreme Court Fischer against the University of Texas, its significance and influence on the institution of «affirmative action». The solutions, concurring and dissenting opinions of the judges of the Supreme Court of the United States, prior precedents on this issue are analyzed in the article.
Ключевые слова / Keywords:
the Supreme Court of the United States, American higher education, racial discrimination, affirmative action.
Аннотация / Annotation:
The article considers the decision of the U.S. Supreme Court Fischer against the University of Texas, its significance and influence on the institution of «affirmative action». The solutions, concurring and dissenting opinions of the judges of the Supreme Court of the United States, prior precedents on this issue are analyzed in the article.
Ключевые слова / Keywords:
the Supreme Court of the United States, American higher education, racial discrimination, affirmative action.
DNIPROV O.S.
Dniprov O.S.
–
Educational Structures in Ukraine as subjects of public services
Страницы / Pages: 66-70
Аннотация / Annotation:
The article presents an analysis of the current state of educational institutions providing services to citizens of Ukraine. We characterize the educational structure of Ukraine, attention is drawn to the experience of Russia on this issue
Ключевые слова / Keywords:
government services, education, educational services, system.
ISSUES OF A THEORYАннотация / Annotation:
The article presents an analysis of the current state of educational institutions providing services to citizens of Ukraine. We characterize the educational structure of Ukraine, attention is drawn to the experience of Russia on this issue
Ключевые слова / Keywords:
government services, education, educational services, system.
ZAVRAZHIN A.V. Zavrazhin A.V. – doctor of historical sciences, professor
KARMANOV M.V. Karmanov M.V. – doctor of Economics, professor
Tolerance as actual object of applied scientific researches
Страницы / Pages: 71-78
Аннотация / Annotation:
Article is devoted to author’s approach to methodology of understanding of essence and the maintenance of tolerance as scientific category, and also an assessment of its place and a role as one of the major values in life of modern society. In this regard great scientific and practical interest submits the comprehensive analysis of tolerance as independent and peculiar object of applied scientific researches.
Ключевые слова / Keywords:
tolerance, social tolerance, aspects of social tolerance, indicators of tolerance, statistician of tolerance, problem of the applied scientific analysis of tolerance.
Аннотация / Annotation:
Article is devoted to author’s approach to methodology of understanding of essence and the maintenance of tolerance as scientific category, and also an assessment of its place and a role as one of the major values in life of modern society. In this regard great scientific and practical interest submits the comprehensive analysis of tolerance as independent and peculiar object of applied scientific researches.
Ключевые слова / Keywords:
tolerance, social tolerance, aspects of social tolerance, indicators of tolerance, statistician of tolerance, problem of the applied scientific analysis of tolerance.
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
The objectives of public administration
Страницы / Pages: 79-83
Аннотация / Annotation:
The article is devoted to the study of the objectives of public administration. The importance of objectives-setting in the design and realization of public administration. The article describes the integrated objectives of public administration.
Ключевые слова / Keywords:
public administration, state administration, administration, administrative reform, objectives of public administration.
Аннотация / Annotation:
The article is devoted to the study of the objectives of public administration. The importance of objectives-setting in the design and realization of public administration. The article describes the integrated objectives of public administration.
Ключевые слова / Keywords:
public administration, state administration, administration, administrative reform, objectives of public administration.
GURALENKO N.A. Guralenko N.A. – Ph.D., assistant professor
Logical-epistemological foundation of judicial proof
Страницы / Pages: 84-89
Аннотация / Annotation:
The article analyzes the logical and epistemological basis of legal evidence, specific logical operations in the process of judicial enforcement.
Ключевые слова / Keywords:
rationality, reflexivity, logical, judicial proof.
Аннотация / Annotation:
The article analyzes the logical and epistemological basis of legal evidence, specific logical operations in the process of judicial enforcement.
Ключевые слова / Keywords:
rationality, reflexivity, logical, judicial proof.
KOVALENKO V.I. Kovalenko V.I. – competitor for doctor’s degree at criminology chair, PhD at law, Assistant Professor
Trafficking (crime exploitation) in human: Notion, Classifications and the Problems of the Legal Nature
Страницы / Pages: 90-99
Аннотация / Annotation:
The article – Criminological assessment of criminality in the sphere of crime exploitation in human, of women and children, the use the slave labor. The criminological characteristics of the crime, sexual exploitation, the problems prevention of crime, sexual exploitation of women and children, are explored.
Ключевые слова / Keywords:
crime exploitation in human, sexual slavery of women and children, human beings trafficking, exploitation of prostitution, child pornography, prevention of sexual exploitation.
SCIENTIFIC MESSAGESАннотация / Annotation:
The article – Criminological assessment of criminality in the sphere of crime exploitation in human, of women and children, the use the slave labor. The criminological characteristics of the crime, sexual exploitation, the problems prevention of crime, sexual exploitation of women and children, are explored.
Ключевые слова / Keywords:
crime exploitation in human, sexual slavery of women and children, human beings trafficking, exploitation of prostitution, child pornography, prevention of sexual exploitation.
MIRONOV O.O. Mironov O.O. – doctor of jurisprudence, professor
Ombudsmen in the Russian constitutional to system of protection of human rights
Страницы / Pages: 100-109
Аннотация / Annotation:
Article is devoted to institute of the Commissioner for Human Rights in the Russian Federation. In it the general characteristic of Commissioners for Human Rights of the general competence and specialized is given: by the rights of the child, on protection of the rights of businessmen. Examples of the organization and activity of ombudsmen in the foreign states are given.
Ключевые слова / Keywords:
the ombudsman, the Commissioner for Human Rights, Ombudsmen for Children, on protection of the rights of businessmen.
Аннотация / Annotation:
Article is devoted to institute of the Commissioner for Human Rights in the Russian Federation. In it the general characteristic of Commissioners for Human Rights of the general competence and specialized is given: by the rights of the child, on protection of the rights of businessmen. Examples of the organization and activity of ombudsmen in the foreign states are given.
Ключевые слова / Keywords:
the ombudsman, the Commissioner for Human Rights, Ombudsmen for Children, on protection of the rights of businessmen.
BRUTYAN V.A. Brutyan V.A. – candidate of pedagogical sciences, associate professor
Pedagogical characteristic of process of legal socialization of the personality
Страницы / Pages: 110-118
Аннотация / Annotation:
Article is devoted to legal socialization of the personality. The author pays special attention to pedagogical aspects of this problem.
Ключевые слова / Keywords:
formation of the personality, socialization, legal socialization, sense of justice, legal behavior, legal culture, legal education.
Аннотация / Annotation:
Article is devoted to legal socialization of the personality. The author pays special attention to pedagogical aspects of this problem.
Ключевые слова / Keywords:
formation of the personality, socialization, legal socialization, sense of justice, legal behavior, legal culture, legal education.
ZELENOV Y.N. Zelenov Y.N. – PhD (Pedagogic)
Qualitative transformation of terroristic violence: theory and practice
Страницы / Pages: 119-128
Аннотация / Annotation:
The article is devoted to one of the most actual present-day problems – phenomenon of terroristic violence in XX – XXI centuries. The author notes that transformation and development of terroristic violence is characteristic of the last century. International terroristic linkages were expanded. Moreover, terrorism changed into factor of contradiction between states. For the time being the whole political movements actively use tactics of terrorism in different countries all over the world.
Ключевые слова / Keywords:
terrorism, violence, transformation, international community, political movements, contradiction.
PAGES OF HISTORYАннотация / Annotation:
The article is devoted to one of the most actual present-day problems – phenomenon of terroristic violence in XX – XXI centuries. The author notes that transformation and development of terroristic violence is characteristic of the last century. International terroristic linkages were expanded. Moreover, terrorism changed into factor of contradiction between states. For the time being the whole political movements actively use tactics of terrorism in different countries all over the world.
Ключевые слова / Keywords:
terrorism, violence, transformation, international community, political movements, contradiction.
DRUZHILOV S.A. Druzhilov S.A. – Ph.D. (of Рsychology), Associate Professor
Features of the development of national higher professional education (HPE) in the second half of the XX century as harbingers of the crisis HPE
Страницы / Pages: 129-143
Аннотация / Annotation:
In the article looks at four time periods: 1) the post-war period, the decade of the greatest rise of higher education (1950 – years); 2) the period of increasing imbalance in the training of specialists, began the bureaucratization system of higher education (1960s-1970s); 3) “the stagnant” period, with the penetration of “erosion” in the college environment, the degradation of higher education (1980 – years); 4) the period of “perestroika”, which then goes into a period of “chaos” of the 1990s, the state actually eliminates the himself from overcoming of negative processes in higher professional education (HPE). It is shown that the problems in the HPE been accumulating not having adequate solutions.
Ключевые слова / Keywords:
high school, higher professional education, disproportions, bureaucratization, lower quality professionals, devaluation of diplomas, crisis.
Аннотация / Annotation:
In the article looks at four time periods: 1) the post-war period, the decade of the greatest rise of higher education (1950 – years); 2) the period of increasing imbalance in the training of specialists, began the bureaucratization system of higher education (1960s-1970s); 3) “the stagnant” period, with the penetration of “erosion” in the college environment, the degradation of higher education (1980 – years); 4) the period of “perestroika”, which then goes into a period of “chaos” of the 1990s, the state actually eliminates the himself from overcoming of negative processes in higher professional education (HPE). It is shown that the problems in the HPE been accumulating not having adequate solutions.
Ключевые слова / Keywords:
high school, higher professional education, disproportions, bureaucratization, lower quality professionals, devaluation of diplomas, crisis.
PEVTSOVA E.A. Pevtsova E.A. – Doctor of Science (Law), Doctor of Science (Pedagogics), Professor
KLISHINA A.V. Klishina A.V. – lawyer, PhD
On the legal consciousness of modern lawyers: theoretical and legal research
Страницы / Pages: 144-156
Аннотация / Annotation:
This article deals with the history of the formation of the legal profession, from the perspective of modern views reviewed the status of the legal ideology of modern lawyers, the results of the sociological study of legal consciousness of Russian Lawyers, the ways of improving the legal culture of professional lawyers.
Ключевые слова / Keywords:
advocacy, professional consciousness of lawyers, legal ideology, legal psychology.
Аннотация / Annotation:
This article deals with the history of the formation of the legal profession, from the perspective of modern views reviewed the status of the legal ideology of modern lawyers, the results of the sociological study of legal consciousness of Russian Lawyers, the ways of improving the legal culture of professional lawyers.
Ключевые слова / Keywords:
advocacy, professional consciousness of lawyers, legal ideology, legal psychology.
GAVRILOVA A.V. Gavrilova A.V. – Associate professor
Activity of district vessels and chamber of criminal court of the Tobolsk province at the beginning of the xix century
Страницы / Pages: 157-163
Аннотация / Annotation:
In article legal practice of district vessels and the Tobolsk chamber of court and punishment of criminal department at the beginning of the XIX century is considered. The archival materials postponed in fund of the Tobolsk chamber of criminal court are analyzed. Classification of the main categories of the affairs, created on the basis of considered by the Tobolsk chamber of criminal court of solutions of district vessels as audit reveals.
Ключевые слова / Keywords:
district court, the Tobolsk chamber of criminal court, opinion of district court, audit I put, punishment.
A SCIENTIFIC DEBUTАннотация / Annotation:
In article legal practice of district vessels and the Tobolsk chamber of court and punishment of criminal department at the beginning of the XIX century is considered. The archival materials postponed in fund of the Tobolsk chamber of criminal court are analyzed. Classification of the main categories of the affairs, created on the basis of considered by the Tobolsk chamber of criminal court of solutions of district vessels as audit reveals.
Ключевые слова / Keywords:
district court, the Tobolsk chamber of criminal court, opinion of district court, audit I put, punishment.
LEMACHKO S.S.
Lemachko S.S.
–
Legal bases of activity of capital government bodies and local governments in the sphere of physical culture and sport (1993–2012)
Страницы / Pages: 164-169
Аннотация / Annotation:
Author of the article based on the study of federal law and regulations of state and local authorities in Moscow (1993–2012 gg.) Discloses legal basis for the development of physical culture and sports in the Russian capital.
Ключевые слова / Keywords:
Moscow, physical education, sports, legal foundations.
Аннотация / Annotation:
Author of the article based on the study of federal law and regulations of state and local authorities in Moscow (1993–2012 gg.) Discloses legal basis for the development of physical culture and sports in the Russian capital.
Ключевые слова / Keywords:
Moscow, physical education, sports, legal foundations.
DAUTIYA T.V. Dautiya T.V. – Postgraduate Student of chair of civil law the Modern University for the Humanities
Features of a legal status and bodies of management by the self-regulating organizations in the sphere of building
Страницы / Pages: 170-177
Аннотация / Annotation:
The self-regulating organizations in the sphere of building it is special type of noncommercial organization. It has special public powers and special legal status. It defines features of legal status of bodies of management by the self-regulating organizations in the sphere of building. In this article this question being investigated.
Ключевые слова / Keywords:
self-regulating organizations, bodies of management, general meeting of members, individual executive body of managements.
Аннотация / Annotation:
The self-regulating organizations in the sphere of building it is special type of noncommercial organization. It has special public powers and special legal status. It defines features of legal status of bodies of management by the self-regulating organizations in the sphere of building. In this article this question being investigated.
Ключевые слова / Keywords:
self-regulating organizations, bodies of management, general meeting of members, individual executive body of managements.