Право и образование
№ 03 • 2010
EDUCATIONAL LAW
GAVRISHCHYUK V.V. Gavrishchyuk V.V. – Chief Editor of the Magazine ‘Law and Education’, Doctor of History, Professor
Reforming of Military Education in the Russian Federation: Legal Aspects
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Аннотация / Annotation:
Several legal aspects of reforming the system of military education in the Russian Federation are expressed in the article; a draft of a perspective network of military universities, approved by the President of the Russian Federation on December 24, 2008 is represented. The author proves that the important element in reforming of military education is implementation of address principles and step-by-step conduction of organizational measures.
Ключевые слова / Keywords:
reforming of military education, a system of military universities, military educational centers, optimal network of military universities, military universities.
Аннотация / Annotation:
Several legal aspects of reforming the system of military education in the Russian Federation are expressed in the article; a draft of a perspective network of military universities, approved by the President of the Russian Federation on December 24, 2008 is represented. The author proves that the important element in reforming of military education is implementation of address principles and step-by-step conduction of organizational measures.
Ключевые слова / Keywords:
reforming of military education, a system of military universities, military educational centers, optimal network of military universities, military universities.
NIKOLAEV B.V. Nikolaev B.V. – PhD in History, Associate Professor of the Department of Theory of State and Law Disciplines of PGPU
A Structure of Higher School and Legal Regulation of Higher Education in the USA
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Аннотация / Annotation:
The concept of higher education in the USA and a structure of American schools are analyzed in the article; school basic elements are investigated; Carnegy’s classification is considered and differentiation of higher educational institutions in the USA is given from the point of view of their legal status.
Ключевые слова / Keywords:
higher education in the USA, legal status of higher educational institutions, juridical education, universities and colleges in the USA.
Аннотация / Annotation:
The concept of higher education in the USA and a structure of American schools are analyzed in the article; school basic elements are investigated; Carnegy’s classification is considered and differentiation of higher educational institutions in the USA is given from the point of view of their legal status.
Ключевые слова / Keywords:
higher education in the USA, legal status of higher educational institutions, juridical education, universities and colleges in the USA.
KANANYKINA E.S. Kananykina E.S. – Head of the Legal Department of Nyagan city Duma, PhD in Law
Juridical Forms of Legal Sources of Education in the Socialistic System of the Peoples’ Republic of China
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Аннотация / Annotation:
Modern China pays a great attention to a reform of management of the system of education and regulation of its structure, including dissemination of basic and secondary and development of special and secondary technical education. Specifics of economic and social development and another level of literacy of the employed people (6th and 9th grade in village and cities accordingly) influence on ratio between general and professional education. In the developed European countries complete secondary education is combined with professional one, but in China they will be function separately for a long time. In many country regions professional schools function as non-completed secondary or primary schools, and it means that secondary professional schools disseminates general education. [2, p. 34].
Ключевые слова / Keywords:
law, legal families, pedagogy, doctrine of education, educational customs of the East.
Аннотация / Annotation:
Modern China pays a great attention to a reform of management of the system of education and regulation of its structure, including dissemination of basic and secondary and development of special and secondary technical education. Specifics of economic and social development and another level of literacy of the employed people (6th and 9th grade in village and cities accordingly) influence on ratio between general and professional education. In the developed European countries complete secondary education is combined with professional one, but in China they will be function separately for a long time. In many country regions professional schools function as non-completed secondary or primary schools, and it means that secondary professional schools disseminates general education. [2, p. 34].
Ключевые слова / Keywords:
law, legal families, pedagogy, doctrine of education, educational customs of the East.
MATYUSHEVA T.N. Matyusheva T.N. – PhD in Law, Associate Professor of the Department of State and Legal Disciplines of the Northern Caucasian Branch of GOU VPO ‘Russian Academy for Justice’
Issue of Limitations in the Mechanism of Implementation of the Constitutional Right for Education for Children having Deviant Behavior
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Аннотация / Annotation:
Issues of limitations in a mechanism of use the right for education for children having deviant behavior studied in special correctional schools are investigated in the article. Legal limitation of the right to choose a school by deviants, right to change a form of education, to choose a intramural or extramural form, to study in several schools simultaneously meet the requirements of social equality and implementation of these rights is adequacy, proportional and necessary use of the constitutional right.
Ключевые слова / Keywords:
limitations, children having deviant behavior, special correctional schools, constitutional principles, proportions, adequacy.
MODERN EDUCATIONАннотация / Annotation:
Issues of limitations in a mechanism of use the right for education for children having deviant behavior studied in special correctional schools are investigated in the article. Legal limitation of the right to choose a school by deviants, right to change a form of education, to choose a intramural or extramural form, to study in several schools simultaneously meet the requirements of social equality and implementation of these rights is adequacy, proportional and necessary use of the constitutional right.
Ключевые слова / Keywords:
limitations, children having deviant behavior, special correctional schools, constitutional principles, proportions, adequacy.
VANEEV O.N. Vaneev O.N. – Advisor of Expert and Legal Administration of Legislative Chamber of Krasnoyarsk Region, PhD in Law
Professional Ethics of a Jurist: Problems of Teaching
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Аннотация / Annotation:
Mixed perception of a profession of jurist exists in Russian society. There is a problem of following of professional ethics in modern phase of development of Russian society. In western countries professional ethics of a jurist is legally recognized and it has a high status of an educational discipline. The purpose of a discipline ‘Professional Ethics of s Jurist’ is in forming and developing of personality of a student. Designing federal and state standards of third generation in jurisprudence we need to use a discipline ‘Professional Ethics of a Jurist’ as a federal component discipline.
Ключевые слова / Keywords:
ethics, professional ethics, educational discipline, juridical education.
Аннотация / Annotation:
Mixed perception of a profession of jurist exists in Russian society. There is a problem of following of professional ethics in modern phase of development of Russian society. In western countries professional ethics of a jurist is legally recognized and it has a high status of an educational discipline. The purpose of a discipline ‘Professional Ethics of s Jurist’ is in forming and developing of personality of a student. Designing federal and state standards of third generation in jurisprudence we need to use a discipline ‘Professional Ethics of a Jurist’ as a federal component discipline.
Ключевые слова / Keywords:
ethics, professional ethics, educational discipline, juridical education.
CHERNENKO N.M. Chernenko N.M. – Associate Professor of the Department of Human Education of Pokrovsk Branch of MGGU in the name of M.A. Sholokhov, PhD in Pedagogy, Doctoral Student YuGPU
Mechanisms of Integration of Contents and Organization of Higher Education in the Bologna Program
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Аннотация / Annotation:
The article covers the problem of a mechanism of integration and organization of higher education: necessity of development of new approaches to professional training of future specialist in a field of human knowledge. Issue of elaboration of new approaches to professional training of students in universities, which is an integral part of educational process is discussed; mastering of new methods of teaching and testing is one the most important and complex tasks, which a teacher faces to.
Ключевые слова / Keywords:
pedagogic system, professional competence, informatization, credit-module system.
Аннотация / Annotation:
The article covers the problem of a mechanism of integration and organization of higher education: necessity of development of new approaches to professional training of future specialist in a field of human knowledge. Issue of elaboration of new approaches to professional training of students in universities, which is an integral part of educational process is discussed; mastering of new methods of teaching and testing is one the most important and complex tasks, which a teacher faces to.
Ключевые слова / Keywords:
pedagogic system, professional competence, informatization, credit-module system.
KORSAKOV K.V. Korsakov K.V. – Associate Professor of the Department of Criminal Law of Ural State Juridical Academy, PhD in Law
RYBIN I.V. Rybin I.V. – Senior Teacher of the Department of Criminal Law of Ural State Juridical Academy
Religious Education of Prisoners in Modern Conditions: System, Potential, Challenges
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Аннотация / Annotation:
The article covers an actual problem of religious education of prisoners served the sentence in conditions of isolation. Potential of religious education, as a basis of influence of religion and an element of the entire system of re-education of prisoners, is shown in the article. The problems existing in Russian practice of using this instrument of re-education for prisoners are specified. Also reasons are explained, and the main way for working with existing problems and challenges are represented.
Ключевые слова / Keywords:
religious education, prisoners’ re-education, spiritual transformation of prisoners.
DISCUSSING THE PROBLEMАннотация / Annotation:
The article covers an actual problem of religious education of prisoners served the sentence in conditions of isolation. Potential of religious education, as a basis of influence of religion and an element of the entire system of re-education of prisoners, is shown in the article. The problems existing in Russian practice of using this instrument of re-education for prisoners are specified. Also reasons are explained, and the main way for working with existing problems and challenges are represented.
Ключевые слова / Keywords:
religious education, prisoners’ re-education, spiritual transformation of prisoners.
GUSHCHIN V.Z. Gushchin V.Z. – Doctor of Law, Professor
Constitutional Principle of Equality before Law and Judge
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Аннотация / Annotation:
Main statements of the constitutional principle of equality before law and judge are given in the article. The author states that there is a complex and actual problem and it should be deeply investigated in order to make a concept of solution taking into account the real conditions.
Ключевые слова / Keywords:
constitutional principle of equality, equality before law, equality before judge, equality of citizens.
Аннотация / Annotation:
Main statements of the constitutional principle of equality before law and judge are given in the article. The author states that there is a complex and actual problem and it should be deeply investigated in order to make a concept of solution taking into account the real conditions.
Ключевые слова / Keywords:
constitutional principle of equality, equality before law, equality before judge, equality of citizens.
KOZHEVINKOV O.A. Kozhevinkov O.A. – Head of the Department of Legal Support of the Committee on Justice of the Administration of Yekaterinburg, Doctor of Law, Associate Professor of the department of Constitutional Law of Ural State Juridical Academy
Fight against Corruption and Elimination of Defects of Anti-Corruption Legislation
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Аннотация / Annotation:
The article covers one of actual problems of modern Russia an analysis of legal regulation of legislation of anti-corruption expertise. The author concludes on the basis of the conducted research that rules and laws regulating anti-corruption expertise should be improved in accordance with achievements of juridical and procedural practice.
Ключевые слова / Keywords:
law, corruption, anti-corruption expertise legal rules, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, institute of civil society.
Аннотация / Annotation:
The article covers one of actual problems of modern Russia an analysis of legal regulation of legislation of anti-corruption expertise. The author concludes on the basis of the conducted research that rules and laws regulating anti-corruption expertise should be improved in accordance with achievements of juridical and procedural practice.
Ключевые слова / Keywords:
law, corruption, anti-corruption expertise legal rules, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, institute of civil society.
ZAKHAROV A.A. Zakharov A.A. – Head of the Department of History of State and Law of Tambov State University in the name of G.P. Derzhavin, PhD in Law, Associate Professor
Formation of Ecological Culture as a Prevention and Elimination of Global Ecological Challenges
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Аннотация / Annotation:
The article covers consideration of ecological culture, determination of its concept and nature, ways of its development and improvement. The key element of the article is determination of a role of ecological culture in fighting against modern global ecological challenges.
Ключевые слова / Keywords:
ecological culture, modern global ecological challenges, ecological education, ecological enlightenment.
Аннотация / Annotation:
The article covers consideration of ecological culture, determination of its concept and nature, ways of its development and improvement. The key element of the article is determination of a role of ecological culture in fighting against modern global ecological challenges.
Ключевые слова / Keywords:
ecological culture, modern global ecological challenges, ecological education, ecological enlightenment.
FEDOROV A.YU. Fedorov A.Yu. – Head of the Department of Improvement of Activity of OVD of Ural Juridical Institute of the Ministry of Internal Affairs of the Russian Federation, PhD in Law
State Registration of Legal Entities: Problems of Improvement of Legislation, Fight against Crimes
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Аннотация / Annotation:
The scientific article covers a problem of intrusion in Russia. Actuality of measures development for fight against intrusion is stated; proposals for improvement of legislation are given.
Ключевые слова / Keywords:
intrusion, social danger, economic security.
PAGES OF HISTORYАннотация / Annotation:
The scientific article covers a problem of intrusion in Russia. Actuality of measures development for fight against intrusion is stated; proposals for improvement of legislation are given.
Ключевые слова / Keywords:
intrusion, social danger, economic security.
IVASHEVSKIY S.L. Ivashevskiy S.L. – Associate Professor of the Department of Philosophy of Nizhegorodskaya Academy of the Ministry of Internal Affairs, Doctor of Philosophy, Associate Professor
Dialectics of Ideals and Legal Rules within the System of Soviet Education
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Аннотация / Annotation:
Analysis of interaction between ideals and legal rules within the Soviet system of education is conducted in the article. Special features of this process based on the political regime are represented; basic ways of development of Soviet rules-making are specified. A generalized model of interaction between ideals and rules in the Soviet Russia and an alternative way meeting the requirements of the modern society are represented.
Ключевые слова / Keywords:
educational ideals, educational culture, legal rules of education, ideology, Soviet education.
Аннотация / Annotation:
Analysis of interaction between ideals and legal rules within the Soviet system of education is conducted in the article. Special features of this process based on the political regime are represented; basic ways of development of Soviet rules-making are specified. A generalized model of interaction between ideals and rules in the Soviet Russia and an alternative way meeting the requirements of the modern society are represented.
Ключевые слова / Keywords:
educational ideals, educational culture, legal rules of education, ideology, Soviet education.
AZMI D.M. Azmi D.M. – Advisor of the Department of Legislative Initiatives of the Government of Moscow, Associate Professor of Moscow Institute of Law, PhD in Law
Contents and Value of First Russian Discussion of the System of Law
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Аннотация / Annotation:
The analysis of theoretical and methodological of initial phase of formation of Russian doctrines of the system of law is given in the article; modern assessment of legal ideas is expressed in the process of development of the branch approach to the representation of the system of law; author’s statements on various aspects of the system of law are given.
Ключевые слова / Keywords:
a system of law, a structure of law, rules of law, branch of law, a subject of legal regulation, a method of legal regulation.
Аннотация / Annotation:
The analysis of theoretical and methodological of initial phase of formation of Russian doctrines of the system of law is given in the article; modern assessment of legal ideas is expressed in the process of development of the branch approach to the representation of the system of law; author’s statements on various aspects of the system of law are given.
Ключевые слова / Keywords:
a system of law, a structure of law, rules of law, branch of law, a subject of legal regulation, a method of legal regulation.
GRIGORIEV O.V. Grigoriev O.V. – Teacher of the Department of Theory and History of State and Law of Novosibirsk Institute of the Ministry of Internal Affairs of the Russian Federation, PhD in Law
Development of Soviet military and judge system in 1918-1921
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Аннотация / Annotation:
The article covers genesis of military and judge system and first initiative of this institute after the Soviet state establishment. Analysis of Russian legislation is conducted and characteristics of authorities’ actions for supporting the law and fighting against crimes in the Soviet Army are given.
Ключевые слова / Keywords:
tribunals, court reform, jurisdiction, competence, edicts, contra-revlutionary actions, speculation, non-fulfillment of field orders, desertion.
SCIENTIFIC DEBUTАннотация / Annotation:
The article covers genesis of military and judge system and first initiative of this institute after the Soviet state establishment. Analysis of Russian legislation is conducted and characteristics of authorities’ actions for supporting the law and fighting against crimes in the Soviet Army are given.
Ключевые слова / Keywords:
tribunals, court reform, jurisdiction, competence, edicts, contra-revlutionary actions, speculation, non-fulfillment of field orders, desertion.
AKSYUK V.A. Aksyuk V.A. – Applicant of Rostov Juridical Institute of the Ministry of Internal Affairs of Russia
Problem Issues of Qualifying of Crimes of Abuse of Authorities by Military Officers
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Аннотация / Annotation:
Issues of differentiation of crimes of abuse of authorities by military officers and problems related to qualifying of these crimes are discussed in the article.
Ключевые слова / Keywords:
crimes of officials, military crimes, military officers.
Аннотация / Annotation:
Issues of differentiation of crimes of abuse of authorities by military officers and problems related to qualifying of these crimes are discussed in the article.
Ключевые слова / Keywords:
crimes of officials, military crimes, military officers.
NEBYLITSA O.N. Nebylitsa O.N. – Applicant of the Department of Pedagogy of Moscow University of the Ministry of Internal Affairs of Russia
Formation of Professional and ethic Culture of Officers of the Ministry of Internal Affairs of Russia
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Аннотация / Annotation:
The article covers the issues of optimal organization of subsystems of professional and ethic education of officers as an important mean of formation the culture of its professional activity.
Ключевые слова / Keywords:
ethic education, forming subsystem, stimulating subsystem, transforming subsystem, education management, worldview influence.
Аннотация / Annotation:
The article covers the issues of optimal organization of subsystems of professional and ethic education of officers as an important mean of formation the culture of its professional activity.
Ключевые слова / Keywords:
ethic education, forming subsystem, stimulating subsystem, transforming subsystem, education management, worldview influence.
PLIEV Z.F. Pliev Z.F. – Postgraduate Student of the Modern University for the Humanities
Criminal Legal Regulation of Fight against Extremism
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Аннотация / Annotation:
Analysis of rules of the Criminal Code of the Russian Federation related to fight against extremism is given in the article. Also opinions of various scientists in this field are considered. Proposals for elimination disorders in legislation in a field of fight against extremism are represented.
Ключевые слова / Keywords:
extremism, extremist organization, extremist community, public declarations, organization.
Аннотация / Annotation:
Analysis of rules of the Criminal Code of the Russian Federation related to fight against extremism is given in the article. Also opinions of various scientists in this field are considered. Proposals for elimination disorders in legislation in a field of fight against extremism are represented.
Ключевые слова / Keywords:
extremism, extremist organization, extremist community, public declarations, organization.
ZUBOVA O.A. Zubova O.A. – Adjunct of the Department of Criminal and Executive Law of Samara Juridical Institute of the Federal Service of Punishment Execution
Problems of Legal Regulation of Imprisonment in Detention Facility
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Аннотация / Annotation:
The article covers legal regulation of imprisonment in a detention facility for people, whose term of punishment is less than 6 months. There is analysis of legal acts in considered problem and proposals for amendment of legislation in a field of regulation of execution of short-term imprisonment in a detention of facility are given.
Ключевые слова / Keywords:
short-term imprisonment, prisoners, execution of punishment, detention facilities, legislation, correctional facilities.
Аннотация / Annotation:
The article covers legal regulation of imprisonment in a detention facility for people, whose term of punishment is less than 6 months. There is analysis of legal acts in considered problem and proposals for amendment of legislation in a field of regulation of execution of short-term imprisonment in a detention of facility are given.
Ключевые слова / Keywords:
short-term imprisonment, prisoners, execution of punishment, detention facilities, legislation, correctional facilities.