Право и образование
№ 03 • 2012
EDUCATIONAL LAW
ZUBAREV S.M. Zubarev S.M. – Vice-Rector of Organization of Methodical and Educational Work of the State University of Administration, Doctor of Law, Associate Professor
Some Problems of Legal Support of Supplementary Professional Education of State Employees
Страницы / Pages: 4-8
Аннотация / Annotation:
The article covers problems of development of legal support of supplementary professional education of state employees. Great attention is paid to consideration of interaction between higher professional and supplementary education of state employees. Some ways for solving a problem of implementation of federal state standards to a minimum of contents of professional educational program and a level of professional retraining of state civil employees are proposed.
Ключевые слова / Keywords:
supplementary professional education, state employees, federal state standards.
Аннотация / Annotation:
The article covers problems of development of legal support of supplementary professional education of state employees. Great attention is paid to consideration of interaction between higher professional and supplementary education of state employees. Some ways for solving a problem of implementation of federal state standards to a minimum of contents of professional educational program and a level of professional retraining of state civil employees are proposed.
Ключевые слова / Keywords:
supplementary professional education, state employees, federal state standards.
MALKIN O.YU. Malkin O.Yu. – Deputy Director of Chelyabinsk Branch of NACHOU VPO ‘Modern University for the Humanities’ on Scientific Work, PhD in Law
Unilateral refusal of a customer to fulfill a contract of paid educational services
Страницы / Pages: 9-22
Аннотация / Annotation:
Conditions and order of implementation of a right for unilateral refusal to fulfill a contract of paid educational services by a customer are considered in the article. Great attention is paid to a problem of costs incurred by a contractor in practice which should be redeemed by a customer is case of refusal of a contract. Criteria enabling to consider costs as costs born in practice are set. Practical recommendations adopted for protection of interests of both parties of a contract of paid educational service in case of unilateral refusal of a contract by a customer.
Ключевые слова / Keywords:
an educational service, a customer, a contractor, refusal, costs incurred in practice.
EDUCATION AND TRAININGАннотация / Annotation:
Conditions and order of implementation of a right for unilateral refusal to fulfill a contract of paid educational services by a customer are considered in the article. Great attention is paid to a problem of costs incurred by a contractor in practice which should be redeemed by a customer is case of refusal of a contract. Criteria enabling to consider costs as costs born in practice are set. Practical recommendations adopted for protection of interests of both parties of a contract of paid educational service in case of unilateral refusal of a contract by a customer.
Ключевые слова / Keywords:
an educational service, a customer, a contractor, refusal, costs incurred in practice.
ZAVRAZHIN A.V. Zavrazhin A.V. – Head of the Department of Philosophy and Human Sciences of Moscow State University for Economics, Statistics and Computer Engineering, Doctor of History, Professor
SHUBINA I.V. Shubina I.V. – Head of the Department of Pedagogy, Moscow State University for Economics, Statistics and Computer Engineering, PhD in Pedagogy
A Role of Universities in Stimulation of Scientific and Research Activities of Students
Страницы / Pages: 23-34
Аннотация / Annotation:
Some proposals for developing and stimulating scientific and research activities of students are made on the basis of experience of the sociological researches conducted by Moscow State University for Economics, Statistics and Computer Engineering.
Ключевые слова / Keywords:
scientific and research work scientific and research activities of students, stimulation, higher education, students’ environment.
Аннотация / Annotation:
Some proposals for developing and stimulating scientific and research activities of students are made on the basis of experience of the sociological researches conducted by Moscow State University for Economics, Statistics and Computer Engineering.
Ключевые слова / Keywords:
scientific and research work scientific and research activities of students, stimulation, higher education, students’ environment.
MARKIN A.V. Markin A.V. – Head of the Department ‘Civil Law and Procedures’ of Tolyatti State University, PhD in Law, Associate Professor
A Role of Philosophic Knowledge of Law and Responsibility in Juridical Education
Страницы / Pages: 35-39
Аннотация / Annotation:
The article covers consideration of a role of philosophic knowledge of law in juridical education. A meaning of philosophy of law in human, moral development of a personality of a future jurist is shown in the article. Negative consequences of technical approach in training of jurists are described.
Ключевые слова / Keywords:
philosophy, a theory, law, positivism, jurisprudence, knowledge, wisdom, science, will, goodwill, justice, morality.
Аннотация / Annotation:
The article covers consideration of a role of philosophic knowledge of law in juridical education. A meaning of philosophy of law in human, moral development of a personality of a future jurist is shown in the article. Negative consequences of technical approach in training of jurists are described.
Ключевые слова / Keywords:
philosophy, a theory, law, positivism, jurisprudence, knowledge, wisdom, science, will, goodwill, justice, morality.
IGNATOV S.B. Ignatov S.B. – Associate Professor of the Department of Theory and Method of Professional Education of the Institute for the Humanities of Tyumen State Oil and Gas University, PhD in Pedagogy
A problem of development of ecological and legal competences of students: a state and challenges
Страницы / Pages: 40-47
Аннотация / Annotation:
The article covers a problem of development of ecological and legal competences of students. The author provides an analysis of its state and shows increasing of ecological deviance of the population. Challenges of solving this problem he ties with modernization of a varying section of education including elective supporting course and integrated modules in a field of ecology and law; he shares experience of effective educational technologies such as a case study and a project method.
Ключевые слова / Keywords:
ecological deviance, education, ecological and legal competences, educational technologies.
Аннотация / Annotation:
The article covers a problem of development of ecological and legal competences of students. The author provides an analysis of its state and shows increasing of ecological deviance of the population. Challenges of solving this problem he ties with modernization of a varying section of education including elective supporting course and integrated modules in a field of ecology and law; he shares experience of effective educational technologies such as a case study and a project method.
Ключевые слова / Keywords:
ecological deviance, education, ecological and legal competences, educational technologies.
NOVIKOVA E.YU. Novikova E.Yu. – Professor of the Department of Philosophy of Russian Economic University in the name of G.V. Plekhanov, PhD, Professor
A Problem of Assessment of Competences in a Process of Social and Human Education of Students of Jurisprudence
Страницы / Pages: 48-56
Аннотация / Annotation:
Principles of development and assessment of professional competences are considered in the article. Importance of understanding of competences by students is determined. Problems of assessment of importance of competences for professional activity, analyzing and making decisions in life situations are investigated. Stages of professional development of a personality and variety in assessments of competences of students on various years of education are considered. A connection between competences and disciplines is shown.
Ключевые слова / Keywords:
competences, professional development, a personality, education, culture, professional socialization, communication culture.
Аннотация / Annotation:
Principles of development and assessment of professional competences are considered in the article. Importance of understanding of competences by students is determined. Problems of assessment of importance of competences for professional activity, analyzing and making decisions in life situations are investigated. Stages of professional development of a personality and variety in assessments of competences of students on various years of education are considered. A connection between competences and disciplines is shown.
Ключевые слова / Keywords:
competences, professional development, a personality, education, culture, professional socialization, communication culture.
SOROKINA T.N. Sorokina T.N. – Assistant of the Department of Pedagogy of Pre-School and Primary Education of Mordovian State Pedagogic Institute in the name of M.E.Evseviev
Development of Legal Culture of Orphan Children within a Context of Social Development of a Personality
Страницы / Pages: 57-64
Аннотация / Annotation:
The article covers actuality of development of legal culture of orphan children in primary school. Psychological and pedagogic characteristics of orphan children are represented. The author gives the results of a research of legal culture in foster houses and proposes a system of work focused on creation of legal educational dimension.
Ключевые слова / Keywords:
legal culture of a personality, orphan children, foster hoses, legal education, legal educational dimension.
Аннотация / Annotation:
The article covers actuality of development of legal culture of orphan children in primary school. Psychological and pedagogic characteristics of orphan children are represented. The author gives the results of a research of legal culture in foster houses and proposes a system of work focused on creation of legal educational dimension.
Ключевые слова / Keywords:
legal culture of a personality, orphan children, foster hoses, legal education, legal educational dimension.
SUCHILKINA E.V. Suchilkina E.V. – Associate Professor of the Department of History and Law of Penza State Technological Academy, PhD in History
SUCHILKIN A.V. Suchilkin A.V. – Associate Professor of the Department of Law of Penza State University of Architecture and Construction, PhD in History
A Meaning of Technologies in Education: A Historic and Legal Aspect
Страницы / Pages: 65-75
Аннотация / Annotation:
Tendencies of increasing quality of Russian education taking into account a multi-level structure of higher education in Russia, human education, intensification of education through optimal combination of traditional and innovative forms, methods and means of education, are considered in the article. Necessity of modernization of a system of higher education and active usage of modern technologies in education are analyzed.
Ключевые слова / Keywords:
a pedagogic technology, an educational technology, distance educational technologies, TOGIS, personally-oriented technologies information and communication technologies.
ISSUES OF THEORYАннотация / Annotation:
Tendencies of increasing quality of Russian education taking into account a multi-level structure of higher education in Russia, human education, intensification of education through optimal combination of traditional and innovative forms, methods and means of education, are considered in the article. Necessity of modernization of a system of higher education and active usage of modern technologies in education are analyzed.
Ключевые слова / Keywords:
a pedagogic technology, an educational technology, distance educational technologies, TOGIS, personally-oriented technologies information and communication technologies.
PANCHENKO V.YU. Panchenko V.Yu. – Associate Professor of the Department of Theory and History of State and Law of Siberian Federal University, PhD in Law
Forms of Legal Regimes of Legal Aid in Modern Russian Law
Страницы / Pages: 76-89
Аннотация / Annotation:
The article covers analysis of general and special legal regimes of legal aid in modern Russian law. The author considers factors influencing on contents of legal regimes of legal aid and makes proposals on development of legal regimes of legal aid.
Ключевые слова / Keywords:
a legal regime, legal aid, legal support, legal means, legal stimuli and limits.
Аннотация / Annotation:
The article covers analysis of general and special legal regimes of legal aid in modern Russian law. The author considers factors influencing on contents of legal regimes of legal aid and makes proposals on development of legal regimes of legal aid.
Ключевые слова / Keywords:
a legal regime, legal aid, legal support, legal means, legal stimuli and limits.
GULYAIKHIN V.N. Gulyaikhin V.N. – Head of the Department of Social Work and Pedagogy of Volgograd State University, PhD, Associate Professor
SHIRO S.V. Shiro S.V. – Head of the Department of Law of Volgograd State Pedagogic University, PhD in Pedagogy, Associate Professor
Subjects of Earlier Socialization of a Human Being
Страницы / Pages: 90-99
Аннотация / Annotation:
An analysis of activity of a subject of earlier legal socialization of a human being is given in the article. The authors conclude that in a modern social and cultural situation we have the following socializing agents as family, non-formal groups in school, mass media and common organizations for the youth.
Ключевые слова / Keywords:
legal socialization, legal consciousness, legal culture, agents of socialization, a family, a school, peers, mass media, common organizations.
Аннотация / Annotation:
An analysis of activity of a subject of earlier legal socialization of a human being is given in the article. The authors conclude that in a modern social and cultural situation we have the following socializing agents as family, non-formal groups in school, mass media and common organizations for the youth.
Ключевые слова / Keywords:
legal socialization, legal consciousness, legal culture, agents of socialization, a family, a school, peers, mass media, common organizations.
KAVERIN B.I. Kaverin B.I. – Professor of the Department of Philosophy and Religious Studies of the Military University, PhD, Professor
STAVOV V.P. Stavov V.P. – Senior Scientist of the Center for Military and Legal Researches of the Military University, PhD, Professor
Concepts ‘social modernization’ and ‘social transformation’: main purposes and a ratio
Страницы / Pages: 100-107
Аннотация / Annotation:
Concepts ‘social modernization’ and ‘social transformation’ are considered in the article. Authors consider their appearance, various interpretations in modern scientific literature in details. An approach to understanding of a ratio between concepts ‘social modernization’, ‘social transformation’ and ‘reforming’ is very interesting. The article has a great importance in modern social and political condition of Russia.
Ключевые слова / Keywords:
modernization, transformation, reforming.
Аннотация / Annotation:
Concepts ‘social modernization’ and ‘social transformation’ are considered in the article. Authors consider their appearance, various interpretations in modern scientific literature in details. An approach to understanding of a ratio between concepts ‘social modernization’, ‘social transformation’ and ‘reforming’ is very interesting. The article has a great importance in modern social and political condition of Russia.
Ключевые слова / Keywords:
modernization, transformation, reforming.
CHERDAKOV O.I. Cherdakov O.I. – Vice-Rector on Educational and Scientific Work of International Juridical Institute, Doctor of Law, Professor
A Role of a State and Bureaucracy
Страницы / Pages: 108-114
Аннотация / Annotation:
Author’s point of view considering positions of theoreticians of 19th-20th century K. Marx, F. Engels, V. Lenin, I. Stalin of the state and bureaucracy is represented in the article.
Ключевые слова / Keywords:
an image of the state, a proletarian state, Soviet state, Bolshviks’ state and legal system, a bureaucratic apparatus, a state and legal regime, a state and legal concept, Stalin’s model of the state.
Аннотация / Annotation:
Author’s point of view considering positions of theoreticians of 19th-20th century K. Marx, F. Engels, V. Lenin, I. Stalin of the state and bureaucracy is represented in the article.
Ключевые слова / Keywords:
an image of the state, a proletarian state, Soviet state, Bolshviks’ state and legal system, a bureaucratic apparatus, a state and legal regime, a state and legal concept, Stalin’s model of the state.
OZEROV A.A. Ozerov A.A. – Professor of the Department of Philosophy of the Modern University for the Humanities, PhD, Associate Professor
Specifics of Development of a Purpose-Life Matrix
Страницы / Pages: 115-122
Аннотация / Annotation:
A theoretical investigation of a problem of a purpose of life is conducted in the article on the basis of consideration of searches of an effective purpose-life matrix as a mechanism of scenario development of Russian society in a modern stage.
Ключевые слова / Keywords:
a purpose of life, purpose-life matrix, a matrix, morality, spiritual education, historic process, a strategy of development, strategic planning, Russian society.
DISCUSSING THE PROBLEMАннотация / Annotation:
A theoretical investigation of a problem of a purpose of life is conducted in the article on the basis of consideration of searches of an effective purpose-life matrix as a mechanism of scenario development of Russian society in a modern stage.
Ключевые слова / Keywords:
a purpose of life, purpose-life matrix, a matrix, morality, spiritual education, historic process, a strategy of development, strategic planning, Russian society.
VLASOV V.A. Vlasov V.A. – Deputy Director of the Juridical Institute of Scientific and Research Work of the Juridical Institute of Krasnoyarsk State Agrarian University PhD in Law, Associate Professor
Influence of food policy on support of national security (a philosophic, political, and legal analysis)
Страницы / Pages: 123-133
Аннотация / Annotation:
The article covers a philosophic, political, and legal analysis of influence of food policy on support of national security. The author supposes that studying problems of food policy and food security is one of challenging scientific directions in modern period of time and it takes complex researches.
Ключевые слова / Keywords:
state security policy, municipal food policy agrarian policy, food security, national security, food form of consciousness, state regulation food function of the state.
Аннотация / Annotation:
The article covers a philosophic, political, and legal analysis of influence of food policy on support of national security. The author supposes that studying problems of food policy and food security is one of challenging scientific directions in modern period of time and it takes complex researches.
Ключевые слова / Keywords:
state security policy, municipal food policy agrarian policy, food security, national security, food form of consciousness, state regulation food function of the state.
GAVRISHCHUK V.V. Gavrishchuk V.V. – Professor of the Department of Theory and History of State and Law of Moscow New Juridical Institute, Doctor of History, Professor
Legal Regulation of Medical and Resort Support of Military Men, Officers of the State Service and Members of Their Families
Страницы / Pages: 134-141
Аннотация / Annotation:
A state and challenges of legal regulation of medical and resort support of military men, officers and member of their families are shown in the article. Some recommendations in development of federal laws and other normative legal acts regulating medical and resort support of military men and officers of the state service are given.
Ключевые слова / Keywords:
medical support of military men, resort cure and health care, military medicine, military resorts, a hospital, a military tourist resort, a resort complex, resort institutions.
Аннотация / Annotation:
A state and challenges of legal regulation of medical and resort support of military men, officers and member of their families are shown in the article. Some recommendations in development of federal laws and other normative legal acts regulating medical and resort support of military men and officers of the state service are given.
Ключевые слова / Keywords:
medical support of military men, resort cure and health care, military medicine, military resorts, a hospital, a military tourist resort, a resort complex, resort institutions.
LOPATINA T.M. Lopatina T.M. – Professor of Smolensk Human University, Doctor of Jurisprudence
A Role of Legal Culture in Prevention of Criminality
Страницы / Pages: 142-147
Аннотация / Annotation:
An author’s point of view in problem of legal culture a place of legal culture within a system of preventive state’s activity influence of legal culture on various type of social deviation is represented in the article.
Ключевые слова / Keywords:
legal culture, approaches to modern definition of legal culture, consciousness in information society, state and legal concept of fighting against criminality and legal culture, actual problems of development of legal culture as an element of a system of prevention of criminality.
Аннотация / Annotation:
An author’s point of view in problem of legal culture a place of legal culture within a system of preventive state’s activity influence of legal culture on various type of social deviation is represented in the article.
Ключевые слова / Keywords:
legal culture, approaches to modern definition of legal culture, consciousness in information society, state and legal concept of fighting against criminality and legal culture, actual problems of development of legal culture as an element of a system of prevention of criminality.
TEPLYASHIN I.V. Teplyashin I.V. – Associate Professor of the Department of Theory and History of State and Law of the Juridical Institute of Krasnoyarsk State Agrarian University, PhD in Law
Fighting against corruption within a context of youth policy in modern Russia: general legal aspects
Страницы / Pages: 148-157
Аннотация / Annotation:
The article covers a mechanism of fighting against corruption in modern Russia. The author fixes importance of all-round participation of a society in fighting against corruption. Main directions of youth policy as a necessary condition of the most implementation of anti-corruption legislation in Russia are set.
Ключевые слова / Keywords:
Russian society, corruption, fighting against corruption, legal settings of the youth, Russian anti-corruption legislation, legal education, youth policy in modern Russia.
Аннотация / Annotation:
The article covers a mechanism of fighting against corruption in modern Russia. The author fixes importance of all-round participation of a society in fighting against corruption. Main directions of youth policy as a necessary condition of the most implementation of anti-corruption legislation in Russia are set.
Ключевые слова / Keywords:
Russian society, corruption, fighting against corruption, legal settings of the youth, Russian anti-corruption legislation, legal education, youth policy in modern Russia.
MATORINA T.A. Matorina T.A. – Head of the Department of Common Professional and Special Legal Disciplines of Nizhegorodskiy Branch of International Juridical Institution
KHODUSOV A.A. Khodusov A.A. – Head of the Department of Criminal and Legal Disciplines of International Juridical Institute, PhD in Law, Associate Professor
Some Actual Problems of Recognition and Implementation of Russian Legal Judgments of Recovery of Alimony Payments Abroad
Страницы / Pages: 158-165
Аннотация / Annotation:
In accordance with the Family Code of the Russian Federation alimony payments for minors-citizens of Russia should be paid by parents including foreign citizens through a legal judgment. Some problem aspects of fulfillment of obligations by parents concerning allowance of minors in case of termination of an international marriage are considered on the basis of analysis of international contracts and court’s practice.
Ключевые слова / Keywords:
alimony payments, international legal aid, a court’ decision.
PAGES OF HISTORYАннотация / Annotation:
In accordance with the Family Code of the Russian Federation alimony payments for minors-citizens of Russia should be paid by parents including foreign citizens through a legal judgment. Some problem aspects of fulfillment of obligations by parents concerning allowance of minors in case of termination of an international marriage are considered on the basis of analysis of international contracts and court’s practice.
Ключевые слова / Keywords:
alimony payments, international legal aid, a court’ decision.
BERLYAVSKIY L.G. Berlyavskiy L.G. – Professor of the Department for Constitution and Municipal Law of Rostov State Economic University RINKH’, Doctor of History, PhD in Law
Legal Status of the Academy of Science in 20ies of 20th century
Страницы / Pages: 166-179
Аннотация / Annotation:
The author states in the article that there was facilitation of directive influence of Sovnarkom on the Academy of Science managed by it in 20ies of 20th century. In the by-law of the Academy of Sciences of the SSR adopted by SNK of the USSR in July 18, 1927 there was misbalance between applied knowledge against fundamental principles and powerful authority of the Presidium of the Academy of Sciences of the USSR.
Ключевые слова / Keywords:
The Academy of Sciences, Sovnarkom, The By-Law of the Academy of sciences of the USSR dated 1927, legal policy of the Soviet state.
Аннотация / Annotation:
The author states in the article that there was facilitation of directive influence of Sovnarkom on the Academy of Science managed by it in 20ies of 20th century. In the by-law of the Academy of Sciences of the SSR adopted by SNK of the USSR in July 18, 1927 there was misbalance between applied knowledge against fundamental principles and powerful authority of the Presidium of the Academy of Sciences of the USSR.
Ключевые слова / Keywords:
The Academy of Sciences, Sovnarkom, The By-Law of the Academy of sciences of the USSR dated 1927, legal policy of the Soviet state.
FEDOROVA A.N. Fedorova A.N. – Associate Professor of the Department of Theory of State and Law of Tolyatti State University, PhD in Law
Evolution of an Institute of Murder in a History of Law in Russia from 11th to 17th century
Страницы / Pages: 180-186
Аннотация / Annotation:
The article covers investigation of such type of a crime as murder. The author considers forms of murders in a history of development of law in Russia from 11th to 17th centuries. Great attention is paid to legislative fixation of murders in literature work of the investigated periods.
Ключевые слова / Keywords:
a crime, murder, juridical responsibility, literature works of law.
Аннотация / Annotation:
The article covers investigation of such type of a crime as murder. The author considers forms of murders in a history of development of law in Russia from 11th to 17th centuries. Great attention is paid to legislative fixation of murders in literature work of the investigated periods.
Ключевые слова / Keywords:
a crime, murder, juridical responsibility, literature works of law.