Право и образование
№ 02 • 2016
MODERN EDUCATION
OSEYCHUK V.I. Oseychuk V.I. – professor of the Department of state and municipal management of Tyumen state University, doctor of legal Sciences
TROFIMOVA G.A. Trofimova G.A. – expert of research association «Legal initiative»
To the question of the quality of higher education and the ways increasing of its
Страницы / Pages: 4-11
Аннотация / Annotation:
The quality of education is one of the factors of successful development of the Russian economy and its global status, determines the possibility of realization of the individual and indicates the priorities held in the country policy. Therefore, according to the authors, it is necessary to pay attention to the existing problems of production of high-level specialists and to consider the proposed ways out of the national crisis in higher education.
Ключевые слова / Keywords:
quality of education, higher education, efficiency of activity of higher education institutions, profanation of education, the commercialization of the social, education law.
Аннотация / Annotation:
The quality of education is one of the factors of successful development of the Russian economy and its global status, determines the possibility of realization of the individual and indicates the priorities held in the country policy. Therefore, according to the authors, it is necessary to pay attention to the existing problems of production of high-level specialists and to consider the proposed ways out of the national crisis in higher education.
Ключевые слова / Keywords:
quality of education, higher education, efficiency of activity of higher education institutions, profanation of education, the commercialization of the social, education law.
SERDYUKOV A.V. Serdyukov A.V. – PhD
Custom as a source of legal regulation relations in the field of education
Страницы / Pages: 12-19
Аннотация / Annotation:
The article is devoted to the question of the place of custom as a source of legal regulation of educational relations. The author substantiates the applicability of the legal tradition and its place in the system of sources of educational law, cites examples of legal regulation of educational relations through customs. The article also gives a recommendation to consider the possibility of application of legal usages (to authorize them) in local regulatory legal acts educational organizations.
Ключевые слова / Keywords:
legal tradition, educational law, source of law, local custom.
Аннотация / Annotation:
The article is devoted to the question of the place of custom as a source of legal regulation of educational relations. The author substantiates the applicability of the legal tradition and its place in the system of sources of educational law, cites examples of legal regulation of educational relations through customs. The article also gives a recommendation to consider the possibility of application of legal usages (to authorize them) in local regulatory legal acts educational organizations.
Ключевые слова / Keywords:
legal tradition, educational law, source of law, local custom.
BAUER H. Bauer H. – candidate of historical Sciences, associate Professor
KORABLINA S. Korablina S. – master’s student
JURIDICAL REGULATION OF ADDITIONAL EDUCATION ACCORDING TO CONDITIONS OF EDUCATIONAL ORGANIZATION
Страницы / Pages: 20-25
Аннотация / Annotation:
The article is devoted to topical subject of juridical regulation of further education according to conditions of educational organization. The authors studied legal framework of Federal, regional, municipal, local levels, which form the basis of the system of additional education. The article formulates recommendations to build an effective governance model with additional education according to conditions of educational organization.
Ключевые слова / Keywords:
additional education of children, management of additional education, educational organization, juridical regulation of additional education of children.
Аннотация / Annotation:
The article is devoted to topical subject of juridical regulation of further education according to conditions of educational organization. The authors studied legal framework of Federal, regional, municipal, local levels, which form the basis of the system of additional education. The article formulates recommendations to build an effective governance model with additional education according to conditions of educational organization.
Ключевые слова / Keywords:
additional education of children, management of additional education, educational organization, juridical regulation of additional education of children.
SHUBINA I.V. Shubina I.V. – candidate of pedagogical sciences, associate professor
Standard and legal basis of stimulaition of research activity students in higher education institution
Страницы / Pages: 26-35
Аннотация / Annotation:
In article the essence, the main methods of stimulation of research activity of students in higher education institution, its standard and legal bases as important factors of high-quality development of science, active involvement of future experts to all spheres of innovative activity of society are considered.
Ключевые слова / Keywords:
stimulation, stimulation of research activity of students, main methods of stimulation, standard and legal bases of stimulation.
Аннотация / Annotation:
In article the essence, the main methods of stimulation of research activity of students in higher education institution, its standard and legal bases as important factors of high-quality development of science, active involvement of future experts to all spheres of innovative activity of society are considered.
Ключевые слова / Keywords:
stimulation, stimulation of research activity of students, main methods of stimulation, standard and legal bases of stimulation.
VLASOVA JU.A.
Vlasova Ju.A.
–
The formation of students ‘ creativity in modern education in Russia: legal aspects
Страницы / Pages: 36-47
Аннотация / Annotation:
In the article the analysis of the Federal law «On education in Russian Federation», regulations of the RF Government, the GEF different levels of sequential development of creative abilities of students at different stages of their education, to ensure continuity of educational programs. As the basic directions of perfection of normative-legal base of education in the Russian Federation proposed to amend the wording of article 64, article 66 paragraphs 1,2, article 68, paragraph 1, article 69, paragraph 1 of the Federal law «On education in the Russian Federation».
Ключевые слова / Keywords:
Federal law «On education in Russian Federation», Federal state educational standards, training, education, creativity, creative thinking.
Аннотация / Annotation:
In the article the analysis of the Federal law «On education in Russian Federation», regulations of the RF Government, the GEF different levels of sequential development of creative abilities of students at different stages of their education, to ensure continuity of educational programs. As the basic directions of perfection of normative-legal base of education in the Russian Federation proposed to amend the wording of article 64, article 66 paragraphs 1,2, article 68, paragraph 1, article 69, paragraph 1 of the Federal law «On education in the Russian Federation».
Ключевые слова / Keywords:
Federal law «On education in Russian Federation», Federal state educational standards, training, education, creativity, creative thinking.
HUSNUTDINOV R.R. Husnutdinov R.R. – PhD in law, associate Professor
MISHUSTIN S.P.
Mishustin S.P.
–
LEGAL CLINIC AS AN ELEMENT OF A PRACTICE-ORIENTED EDUCATIONAL ACTIVITIES IN HIGHER EDUCATION INSTITUTIONS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA
Страницы / Pages: 48-57
Аннотация / Annotation:
The article discusses the model of practice-oriented educational activities in Samara juridical Institute of Federal penitentiary service of Russia. At the same time describes some aspects of the work of the legal clinic as part of a practice-oriented activities, as well as the importance of legal clinics in the process of formation at students the competence model of the graduate of the University of the Federal penitentiary service of Russia.
Ключевые слова / Keywords:
practice-oriented approach, competency model, educational activity, a graduate of the University, the reform of the penal system, legal clinic, legal aid.
HOT TOPICАннотация / Annotation:
The article discusses the model of practice-oriented educational activities in Samara juridical Institute of Federal penitentiary service of Russia. At the same time describes some aspects of the work of the legal clinic as part of a practice-oriented activities, as well as the importance of legal clinics in the process of formation at students the competence model of the graduate of the University of the Federal penitentiary service of Russia.
Ключевые слова / Keywords:
practice-oriented approach, competency model, educational activity, a graduate of the University, the reform of the penal system, legal clinic, legal aid.
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
PONKINA A.I. Ponkina A.I. – PhD (Law)
Responsibility for personal injury to athletes at the time of sport activities (including during sports events): experience of Australia, the UK and the US
Страницы / Pages: 58-64
Аннотация / Annotation:
The article investigates the content and limits of responsibility for personal injury athlete. The article shows the essential features of sport affecting to the understanding of this responsibility. This article presents the excerpts from reference judgments of Australia, the UK and the US.
Ключевые слова / Keywords:
sports, sports law, sports medicine, sports risk, sport injury of athlete, responsible for causing harm to the health of the athlete.
Аннотация / Annotation:
The article investigates the content and limits of responsibility for personal injury athlete. The article shows the essential features of sport affecting to the understanding of this responsibility. This article presents the excerpts from reference judgments of Australia, the UK and the US.
Ключевые слова / Keywords:
sports, sports law, sports medicine, sports risk, sport injury of athlete, responsible for causing harm to the health of the athlete.
MOROZOVA N.M. Morozova N.M. – Professor of the Chair of Social and Human Scienceof Voronezh Institute of the Ministry of interior of Russia, Doctor of Philosophy, associate professor – vimvd@mail.ru
The interpretation of artistic prose asa basis forits perception (on the example of M. A. Sholokhov’s short story «Destiny of aman»)
Страницы / Pages: 65-71
Аннотация / Annotation:
The article is devoted to lingvopsychological opportunities of impact of the art text on formations of an inner world of the person in the course of knowledge are considered.
Ключевые слова / Keywords:
psychology of perception of a work of art, interpretation of the artistic prose, linguistic analysis of the text.
Аннотация / Annotation:
The article is devoted to lingvopsychological opportunities of impact of the art text on formations of an inner world of the person in the course of knowledge are considered.
Ключевые слова / Keywords:
psychology of perception of a work of art, interpretation of the artistic prose, linguistic analysis of the text.
SHAPOVALOVA G.M. Shapovalova G.M. – PhD, associate professor
VIEW OF FORENSIC SCIENCE ON SCHOOL DISCIPLINE
Страницы / Pages: 72-80
Аннотация / Annotation:
In the article the questions devoted to the science of criminology as one of the fastest growing. The need to study modern scientific and practical recommendations in the preparation of lawyers of any specialization is not in doubt. The results of scientific achievements should be reflected in educational materials as the main sources of knowledge in the discipline of criminalistics, which. today is one of the basic in the learning process.
Ключевые слова / Keywords:
criminalistics, science, textbooks, course, students, lawyer.
Аннотация / Annotation:
In the article the questions devoted to the science of criminology as one of the fastest growing. The need to study modern scientific and practical recommendations in the preparation of lawyers of any specialization is not in doubt. The results of scientific achievements should be reflected in educational materials as the main sources of knowledge in the discipline of criminalistics, which. today is one of the basic in the learning process.
Ключевые слова / Keywords:
criminalistics, science, textbooks, course, students, lawyer.
CHECHENEVA N.S.
Checheneva N.S.
–
The comparative analysis of an administrative legal mechanism of management of the federal state unitary enterprises on the example of the Russian Federation and Republic of Belarus.
Страницы / Pages: 81-87
Аннотация / Annotation:
In article is considered the administrative legal mechanism of management of the state enterprises in the Russian Federation and Republic of Belarus, their comparative analysis is provided, features of legislative fixing are investigated. The author offered solutions for effective reorganization of the federal state unitary enterprises for performance of the State program for management of federal property.
Ключевые слова / Keywords:
administrative and legal mechanisms, state organizations, reorganization, State program on management of federal property, the Russian Federation, Republic of Belarus.
WE DISCUSS THE PROBLEMАннотация / Annotation:
In article is considered the administrative legal mechanism of management of the state enterprises in the Russian Federation and Republic of Belarus, their comparative analysis is provided, features of legislative fixing are investigated. The author offered solutions for effective reorganization of the federal state unitary enterprises for performance of the State program for management of federal property.
Ключевые слова / Keywords:
administrative and legal mechanisms, state organizations, reorganization, State program on management of federal property, the Russian Federation, Republic of Belarus.
DEMIN A.V. Demin A.V. – doctors of sciences, assistant professor
LEGISLATIVE INFLATION AND JUDICIAL ACTIVISM AS THE WAY OF ITS OVERCOMING (ON THE EXAMPLE OF TAX DISPUTES)
Страницы / Pages: 88-99
Аннотация / Annotation:
The author considers legislative inflation as the serious defect breaking the principle of stability of legal system. Judicial activism allows to counteract legislative inflation, creatively developing system of legal rules and quickly adapting them for changes of everyday life.
Ключевые слова / Keywords:
legislative inflation, judicial activism, compromise, legal rule.
Аннотация / Annotation:
The author considers legislative inflation as the serious defect breaking the principle of stability of legal system. Judicial activism allows to counteract legislative inflation, creatively developing system of legal rules and quickly adapting them for changes of everyday life.
Ключевые слова / Keywords:
legislative inflation, judicial activism, compromise, legal rule.
SOLOVYEV A.A. Solovyev A.A. – doctor of science (Law), professor
About the line-up of the Supreme Judicial Council of the Kingdom of Belgium and the requirements applicable to its members
Страницы / Pages: 100-106
Аннотация / Annotation:
The article deals with particular issues relevant to the formation of the Belgian judicial community’s body – the Supreme Judicial Council. The author analyses the composition of the said body based on peculiarities of the country’s form of state government, contemplates the main requirements applied to its members, focuses on different aspects of their nomination and termination of their authority, in particular on disciplinary grounds.
Ключевые слова / Keywords:
judicial system, judicial power, international experience, judicial community bodies, Belgium, Supreme Judicial Council of Belgium.
Аннотация / Annotation:
The article deals with particular issues relevant to the formation of the Belgian judicial community’s body – the Supreme Judicial Council. The author analyses the composition of the said body based on peculiarities of the country’s form of state government, contemplates the main requirements applied to its members, focuses on different aspects of their nomination and termination of their authority, in particular on disciplinary grounds.
Ключевые слова / Keywords:
judicial system, judicial power, international experience, judicial community bodies, Belgium, Supreme Judicial Council of Belgium.
ATMACHEV S.I. Atmachev S.I. – candidate of legal Sciences, associate Professor
AKHMETOVA G.M.
Akhmetova G.M.
–
Upholding negative signs of the political regime (on the example of the Republic of Latvia)
Страницы / Pages: 107-116
Аннотация / Annotation:
During the study of the topic «form of state» in the law faculties of universities are always talking about the traditional political regimes, but almost never reveals the evolution of a possible democratic regimes to undemocratic. To overcome this gap and aims to this article. For example, one of the Baltic republic in the EU, setting out legal ways to secure the negative features of the political regime.
Ключевые слова / Keywords:
the political regime, law, evolution, the European Union, rights and freedoms.
Аннотация / Annotation:
During the study of the topic «form of state» in the law faculties of universities are always talking about the traditional political regimes, but almost never reveals the evolution of a possible democratic regimes to undemocratic. To overcome this gap and aims to this article. For example, one of the Baltic republic in the EU, setting out legal ways to secure the negative features of the political regime.
Ключевые слова / Keywords:
the political regime, law, evolution, the European Union, rights and freedoms.
LICHIDOV A.A. Lichidov A.A. – legal adviser of JSC Management Company URALKRAN, competitor of department of civil law and process of the Southern Ural state university (national research university).
TO THE QUESTION OF THE RATIO OF THE REQUIREMENT ABOUT RECOGNITION OF THE REAL RIGHT ABSENT WITH OTHER PROPRIETARY REQUIREMENTS
Страницы / Pages: 117-125
Аннотация / Annotation:
The article deals with competition issues claim for recognition of the right away and a claim for recognition of the right as well as the claim. The author analyzes the issues of the scope of the claim for recognition of the right, the features of the claim.
Ключевые слова / Keywords:
property law, a claim for recognition competition suits, the right to challenge, how to protect property rights.
PAGES OF HISTORYАннотация / Annotation:
The article deals with competition issues claim for recognition of the right away and a claim for recognition of the right as well as the claim. The author analyzes the issues of the scope of the claim for recognition of the right, the features of the claim.
Ключевые слова / Keywords:
property law, a claim for recognition competition suits, the right to challenge, how to protect property rights.
KLIMOV I.P. Klimov I.P. – doctor of historical sciences, professor
EVOLUTION OF SYSTEM OF PUNISHMENTS IN THE CRIMINAL RIGHT OF PRE-REVOLUTIONARY RUSSIA (methodical instructions to students)
Страницы / Pages: 126-136
Аннотация / Annotation:
In article methodical recommendations to the law students studying a subject matter «History of the domestic state are made also it is right». On the example of a historical retrospective of system of punishments need of use locates in pre-revolutionary Russia in educational process additional (monographic and other scientific literature), expanding and deepening ideas of norms of Russian law. Councils for the analysis of the major regulations of criminal law contain methodical.
Ключевые слова / Keywords:
criminal law, system of punishments, methodical recommendations, retrospective, evolution, development.
Аннотация / Annotation:
In article methodical recommendations to the law students studying a subject matter «History of the domestic state are made also it is right». On the example of a historical retrospective of system of punishments need of use locates in pre-revolutionary Russia in educational process additional (monographic and other scientific literature), expanding and deepening ideas of norms of Russian law. Councils for the analysis of the major regulations of criminal law contain methodical.
Ключевые слова / Keywords:
criminal law, system of punishments, methodical recommendations, retrospective, evolution, development.
TIMOKHINA T.V. Timokhina T.V. – Candidate of Pedagogic Sciences (PhD in Pedagogic Sciences), Assistant Professor
The development of the legislative Framework for the training of Specialists working with Children with special adaptive Capabilities
Страницы / Pages: 137-144
Аннотация / Annotation:
The article reveals the development of the legal base for training specialists to work with children with special adaptive capabilities, having a sufficiently long history in Russia. The system of legal support professional training to work with children with special adaptive features, underwent changes and improvements, which led to the extension, deepening, the emergence of new profiles, training, development of inclusive education based in Russia.
Ключевые слова / Keywords:
the legislative framework, the expert, socio-legal studies, children with special adaptive capabilities, training.
Аннотация / Annotation:
The article reveals the development of the legal base for training specialists to work with children with special adaptive capabilities, having a sufficiently long history in Russia. The system of legal support professional training to work with children with special adaptive features, underwent changes and improvements, which led to the extension, deepening, the emergence of new profiles, training, development of inclusive education based in Russia.
Ключевые слова / Keywords:
the legislative framework, the expert, socio-legal studies, children with special adaptive capabilities, training.
ALEKSEEV V.I. Alekseev V.I. – candidate of historical sciences
Structural and logical communication of elements of penitentiary and pedagogical activity in the second half of XIX – the head of the XX centuries: integrative and genetic aspect
Страницы / Pages: 145-155
Аннотация / Annotation:
The author states standard and legal instructions of penitentiary and pedagogical activity which carries out a role of social and integrative model of providing an execution of the punishment. Potential of the correction condemned is inevitably connected with his moral recovery and it can turn this opportunity into reality when correction condemned becomes the major meaning of life. On the basis of the conducted research by the author complex research of a role of the criminal and penitentiary right, the legislation and practice of its realization is offered. The main advantage of the considered problem consists in organic communication of elements of penitentiary and pedagogical impact on the condemned. Thus complexity is so integrally connected with system methodology that acts as its compound component, a link, a knowledge method, thereby getting the methodological status.
Ключевые слова / Keywords:
Law, legal regulation, law-making, right realization, penitentiary policy, prison mode, criminal and legal penalty, spiritual and moral influence.
Аннотация / Annotation:
The author states standard and legal instructions of penitentiary and pedagogical activity which carries out a role of social and integrative model of providing an execution of the punishment. Potential of the correction condemned is inevitably connected with his moral recovery and it can turn this opportunity into reality when correction condemned becomes the major meaning of life. On the basis of the conducted research by the author complex research of a role of the criminal and penitentiary right, the legislation and practice of its realization is offered. The main advantage of the considered problem consists in organic communication of elements of penitentiary and pedagogical impact on the condemned. Thus complexity is so integrally connected with system methodology that acts as its compound component, a link, a knowledge method, thereby getting the methodological status.
Ключевые слова / Keywords:
Law, legal regulation, law-making, right realization, penitentiary policy, prison mode, criminal and legal penalty, spiritual and moral influence.
ZAVRAZHIN A.V. Zavrazhin A.V. – the doctor of historical sciences, professor
Historical experience of development of political out look of the Russian society in the conditions of World War I (1914–1918)
Страницы / Pages: 156-166
Аннотация / Annotation:
In article features of development and change of political outlook of the Russian society in the years of World War I reveal. During this period it is formed and the political outlook of overwhelming part of the population of the Russian society, anti-autocratic, anti-war, revolutionary-democratic on the contents and character, gains strength.
Ключевые слова / Keywords:
political outlook, political outlook of the Russian society, World War I, imperialistic war.
REVIEWSАннотация / Annotation:
In article features of development and change of political outlook of the Russian society in the years of World War I reveal. During this period it is formed and the political outlook of overwhelming part of the population of the Russian society, anti-autocratic, anti-war, revolutionary-democratic on the contents and character, gains strength.
Ключевые слова / Keywords:
political outlook, political outlook of the Russian society, World War I, imperialistic war.
BERZIN V.A. Berzin V.A. – doctor of science (Law)
The world of global poverty and poverty in terms of legal science: Some thoughts inspired by reading scientific monograph of E.V. Aristov «Poverty: the concept and phenomenon. Legal Aspects» (Moscow: Unity-Dana, Laws and Regulations, 2015, 79 pp.)
Страницы / Pages: 167-172
Аннотация / Annotation:
The article is devoted to the content of the constitutional principle of the social state. The article shows the relevance of this topic. The author discusses a monograph of E.V. Aristov «Poverty: the concept and phenomenon. Legal Aspects» (Moscow: Unity-Dana, Laws and Regulations, 2015), and criticizes this monograph.
Ключевые слова / Keywords:
Welfare State, welfaring of the State, Constitutional Law, poverty, misery, sustainable development.
Аннотация / Annotation:
The article is devoted to the content of the constitutional principle of the social state. The article shows the relevance of this topic. The author discusses a monograph of E.V. Aristov «Poverty: the concept and phenomenon. Legal Aspects» (Moscow: Unity-Dana, Laws and Regulations, 2015), and criticizes this monograph.
Ключевые слова / Keywords:
Welfare State, welfaring of the State, Constitutional Law, poverty, misery, sustainable development.