Право и образование
№ 03 • 2014
MODERN EDUCATION
STREMOUKHOV A.V. DOCTOR OF LAW Stremoukhov A.V. Doctor of Law – Professor, Honored Worker of Higher Education of the Russian Federation, Head of the Department of Labour Law and Social Security Law Leningrad State University them. Pushkin
Human rights as the discipline
Страницы / Pages: 4-17
Аннотация / Annotation:
In the article raises a pressing problem on the need and importance of learning in all educational institutions of scientific and academic discipline, human rights. Human rights are considered as an object of study, as well as the object, subject, methodology and system of discipline, human rights.
Ключевые слова / Keywords:
human rights, a culture of human rights, human rights law, human rights, rules of development rights, methodology of science and discipline of human rights.
Аннотация / Annotation:
In the article raises a pressing problem on the need and importance of learning in all educational institutions of scientific and academic discipline, human rights. Human rights are considered as an object of study, as well as the object, subject, methodology and system of discipline, human rights.
Ключевые слова / Keywords:
human rights, a culture of human rights, human rights law, human rights, rules of development rights, methodology of science and discipline of human rights.
OZHIGANOVA M.V. Ozhiganova M.V. – Associate Professor of chair of documentation and legal security of the Russian State Vocational Pedagogical University, PhD in Law, docent
Prerequisites for the development of public-private partnership in the new education legislation
Страницы / Pages: 18-24
Аннотация / Annotation:
In this article legal and practical understanding of public-private partnership, opportunities of its use in education sector in view of new educational legislation are investigated.
Ключевые слова / Keywords:
public-private partnership, education, forms of cooperation between public government and private sector.
Аннотация / Annotation:
In this article legal and practical understanding of public-private partnership, opportunities of its use in education sector in view of new educational legislation are investigated.
Ключевые слова / Keywords:
public-private partnership, education, forms of cooperation between public government and private sector.
BYKOVA S.S. Bykova S.S. – Candidate of Pedagogics, Associate Professor
The deontological training of teachers on the basis of the principle of humanistic orientation
Страницы / Pages: 25-33
Аннотация / Annotation:
The article is devoted to the deontological training of teachers. We describe the peculiarity of the formation of the deontological competence of students in the educational course “Standard and legal maintenance of education. Management of educational systems. Modern means of evaluating training outcomes.” Much attention is paid to the importance of self study in the preparation of a competent professional.
Ключевые слова / Keywords:
competence-based approach, the principle of humanistic orientation, deontological competence, self study.
Аннотация / Annotation:
The article is devoted to the deontological training of teachers. We describe the peculiarity of the formation of the deontological competence of students in the educational course “Standard and legal maintenance of education. Management of educational systems. Modern means of evaluating training outcomes.” Much attention is paid to the importance of self study in the preparation of a competent professional.
Ключевые слова / Keywords:
competence-based approach, the principle of humanistic orientation, deontological competence, self study.
PETROSYAN T.E. Petrosyan T.E. – graduate student of chair of the legal support of the state and municipal services of the International Institute of Public Administration and Management of the Russian Presidential Academy of National Economy and Public Administration (Moscow, Russia)
To a question about the content, constitutional-legal nature and ontology of the constitutional right to education
Страницы / Pages: 34-39
Аннотация / Annotation:
Article is devoted to rethinking the constitutional right to education. The author explores the constitutional-legal nature, especially ontology and substantive content of the constitutional right to education, as well as the question of the place of the constitutional right to education in general volume of the human rights.
Ключевые слова / Keywords:
constitutional right to education, human rights and freedoms, content of education, education, constitutional law, education law.
Аннотация / Annotation:
Article is devoted to rethinking the constitutional right to education. The author explores the constitutional-legal nature, especially ontology and substantive content of the constitutional right to education, as well as the question of the place of the constitutional right to education in general volume of the human rights.
Ключевые слова / Keywords:
constitutional right to education, human rights and freedoms, content of education, education, constitutional law, education law.
OSIPOV M.Y Osipov M.Y – senior researcher at the state educational institution of higher education “Institute of Jurisprudence and management of All-Russian Police Association, PhD.
On the current state of higher legal education and ways to improve
Страницы / Pages: 40-49
Аннотация / Annotation:
This article the basic problems of the formation of competences provided by the federal state educational standards and the model of the formation of the educational program bachelors in preparation 030900.62 “Jurisprudence”.
Ключевые слова / Keywords:
educational program, a model, a federal state educational standards, law, modern education.
THEORY QUESTIONSАннотация / Annotation:
This article the basic problems of the formation of competences provided by the federal state educational standards and the model of the formation of the educational program bachelors in preparation 030900.62 “Jurisprudence”.
Ключевые слова / Keywords:
educational program, a model, a federal state educational standards, law, modern education.
MATYUSHEVA T.N. Matyusheva T.N. – doctor of jurisprudence, associate professor
Motivation method in realization of a constitutional law on education
Страницы / Pages: 50-58
Аннотация / Annotation:
In article the motivation method is investigated at realization of a constitutional law on education. In work motivation and compulsion definition is offered, need of a ban of use of authoritative methods of compulsion to realization of a constitutional law on education locates.
Ключевые слова / Keywords:
the rights and freedoms of the person and the citizen, a constitutional law on education, motivation, compulsion, subjects with the special social and legal status.
Аннотация / Annotation:
In article the motivation method is investigated at realization of a constitutional law on education. In work motivation and compulsion definition is offered, need of a ban of use of authoritative methods of compulsion to realization of a constitutional law on education locates.
Ключевые слова / Keywords:
the rights and freedoms of the person and the citizen, a constitutional law on education, motivation, compulsion, subjects with the special social and legal status.
MELNIKOVA M.V. Melnikova M.V. – candidate of jurisprudence, professor of the Department of state and legal disciplines of Samara juridical Institute of the Federal penitentiary service of Russia
Spiritual and moral values in the right
Страницы / Pages: 59-63
Аннотация / Annotation:
The article reveals the content of the concept of «value», which has a close relationship with the law and morality within which to synthesis as a legal thinking and legal regulation. Noted the chief place of law in the system of social values. In the human existence values appear as the assessment criteria of the society and culture in General. The main attention of the author focuses on the role of law in the development of morality, which in turn fills the right moral content.
Ключевые слова / Keywords:
value; right; morality; morality; value-normative guidelines.
Аннотация / Annotation:
The article reveals the content of the concept of «value», which has a close relationship with the law and morality within which to synthesis as a legal thinking and legal regulation. Noted the chief place of law in the system of social values. In the human existence values appear as the assessment criteria of the society and culture in General. The main attention of the author focuses on the role of law in the development of morality, which in turn fills the right moral content.
Ключевые слова / Keywords:
value; right; morality; morality; value-normative guidelines.
BAYNIYAZOVA Z.S. Bayniyazova Z.S. – Candidate of Legal Science, Assistant Professor
Russian Legal System: the Main Problems of its Modern Development
Страницы / Pages: 64-74
Аннотация / Annotation:
In the article the main challenges of the Russian legal system modern development are considered. According to the author’s opinion, the Russian legal system of the XXI century should satisfy national needs of the state, be directed to the achievement of legal, social and state priorities in general. In order to function successfully it needs to have clear legal objectives and be an example of legal principles determining optimal development of state and society. The author makes an assertion that during the dynamic development of the XXI century the role of the Russian legal system has been constantly increasing. It has been one of the main parameters of social and state development and plays an organizing role in the strengthening of statehood, in the realization of state-legal strategy of social development. But effective influence of the legal system on the public relations will be possible only in case the appropriate conditions for the Russian legal system are created.
Ключевые слова / Keywords:
legal system, lawmaking, legal regulation, legal modernization, emergence, development.
SCIENTIFIC MESSAGESАннотация / Annotation:
In the article the main challenges of the Russian legal system modern development are considered. According to the author’s opinion, the Russian legal system of the XXI century should satisfy national needs of the state, be directed to the achievement of legal, social and state priorities in general. In order to function successfully it needs to have clear legal objectives and be an example of legal principles determining optimal development of state and society. The author makes an assertion that during the dynamic development of the XXI century the role of the Russian legal system has been constantly increasing. It has been one of the main parameters of social and state development and plays an organizing role in the strengthening of statehood, in the realization of state-legal strategy of social development. But effective influence of the legal system on the public relations will be possible only in case the appropriate conditions for the Russian legal system are created.
Ключевые слова / Keywords:
legal system, lawmaking, legal regulation, legal modernization, emergence, development.
GIRIKO S.I. Giriko S.I. – doctor of the legal sciences, professor
KALMYKОV G.I. Kalmykоv G.I. – candidate of the legal sciences, assistant professor
About improvement normative-legal regulation in sphere of the provision to public safety in Russian Federation
Страницы / Pages: 75-81
Аннотация / Annotation:
Questions of the improvement normative-legal regulation are considered In article in sphere of the provision to public safety, need of the scientific approach to their decision, Concept to public safety in Russian Federation, as initial document of the strategic planning, defining state politician in sphere of the provision to public safety in Russian Federation.
Ключевые слова / Keywords:
safety, state policy in sphere of the provision to public safety, Concept to public safety in Russian Federation.
Аннотация / Annotation:
Questions of the improvement normative-legal regulation are considered In article in sphere of the provision to public safety, need of the scientific approach to their decision, Concept to public safety in Russian Federation, as initial document of the strategic planning, defining state politician in sphere of the provision to public safety in Russian Federation.
Ключевые слова / Keywords:
safety, state policy in sphere of the provision to public safety, Concept to public safety in Russian Federation.
SKOBREV I.A.
Skobrev I.A.
–
The spirituality of the personality of the Russian sportsman as an indicator of his civil position
Страницы / Pages: 82-90
Аннотация / Annotation:
Spirituality today is one of the most important indicators of civil position. The article examines the main approaches to explaining the phenomenon in the context of the civic identity of Russian athletes. Selected characteristics of spirituality of the Russian athlete had to provide a meaningful description of the concept of «spiritual personality of the Russian sportsman».
Ключевые слова / Keywords:
spirituality, personality, sportsman, civil position, the spiritual qualities.
Аннотация / Annotation:
Spirituality today is one of the most important indicators of civil position. The article examines the main approaches to explaining the phenomenon in the context of the civic identity of Russian athletes. Selected characteristics of spirituality of the Russian athlete had to provide a meaningful description of the concept of «spiritual personality of the Russian sportsman».
Ключевые слова / Keywords:
spirituality, personality, sportsman, civil position, the spiritual qualities.
NOVIKOVA M.A. Novikova M.A. – Candidate of Economics Sciences
Current trends of pre-export financing of enterprises of the defense industry complex of Russia
Страницы / Pages: 91-98
Аннотация / Annotation:
Now consideration of sources of borrowing domestic enterprises financial resources is especially important. The enterprises of defense industry complex of the Russian Federation are active participants of the international arms and military equipment market. For performance of the signed export contracts enterprises are compelled to borrow large financial resources. In this article mechanisms of borrowing of financial resources as pre-export financing are considered.
Ключевые слова / Keywords:
pre-export financing, corporate loan, bank credit, enterprises of the defense industry complex, international arms and military equipment market.
Аннотация / Annotation:
Now consideration of sources of borrowing domestic enterprises financial resources is especially important. The enterprises of defense industry complex of the Russian Federation are active participants of the international arms and military equipment market. For performance of the signed export contracts enterprises are compelled to borrow large financial resources. In this article mechanisms of borrowing of financial resources as pre-export financing are considered.
Ключевые слова / Keywords:
pre-export financing, corporate loan, bank credit, enterprises of the defense industry complex, international arms and military equipment market.
GATILOVA A.S. Gatilova A.S. – the senior teacher of chair of the state and municipal law of Odintsovo humanitarian institute (the competitor of the International legal institute).
About modern tasks of the general theory of the right in the sphere of development of scientific bases of forecasting of the legislation.
Страницы / Pages: 99-103
Аннотация / Annotation:
In article the questions connected with renewal of scientific interest to a problem of forecasting of the legislation are considered, the current and perspective problems of teoretiko-legal science in the field of formation of its conceptual, methodological and methodical bases are defined.
Ключевые слова / Keywords:
right, forecasting, legislation.
EDUCATION HISTORYАннотация / Annotation:
In article the questions connected with renewal of scientific interest to a problem of forecasting of the legislation are considered, the current and perspective problems of teoretiko-legal science in the field of formation of its conceptual, methodological and methodical bases are defined.
Ключевые слова / Keywords:
right, forecasting, legislation.
VESELKOVA E.G. Veselkova E.G. – candidate of pedagogical sciences
Formation and development of civil education in Russia
Страницы / Pages: 104-119
Аннотация / Annotation:
In article problems of formation and development of legal, in particular, civil education in Russia are analyzed, dependence on a historical era and economic development of the country is noted it, the disciplines of a civil orientation conforming to federal state educational standards of higher education in the direction of preparation 030900 “Law” of the third generation are allocated.
Ключевые слова / Keywords:
legal education, civil law, civil education, federal state educational standards of the higher education of the third generation.
Аннотация / Annotation:
In article problems of formation and development of legal, in particular, civil education in Russia are analyzed, dependence on a historical era and economic development of the country is noted it, the disciplines of a civil orientation conforming to federal state educational standards of higher education in the direction of preparation 030900 “Law” of the third generation are allocated.
Ключевые слова / Keywords:
legal education, civil law, civil education, federal state educational standards of the higher education of the third generation.
TARAKANOVA N.G. Tarakanova N.G. – Head of Department of State and Law Disciplines of the State-law department Saransk Cooperative Institute Russian University of Cooperation, Candidate of History, Associate Professor
YAMBUSHEV F. SH. Yambushev F. Sh. – Dean of the Faculty of Law Saransk Cooperative Institute Russian University of Cooperation, Candidate of Legal Sciences, Associate Professor
The training of legal personnel in Russia: historic and legal experience
Страницы / Pages: 120-127
Аннотация / Annotation:
In the article the experience of vocational training of legal shots in pre-revolutionary Russia is analyzed. The main methods of work with young specialists – candidates for the judicial positions, consisting at legal agencies are shown, both in the capital, and in the province. The most significant achievements are allocated in the sphere of preparation of a highly skilled personnel reserve for the Russian justice.
Ключевые слова / Keywords:
legal shots, legal education, candidates for judicial positions, vocational training, law undestending.
Аннотация / Annotation:
In the article the experience of vocational training of legal shots in pre-revolutionary Russia is analyzed. The main methods of work with young specialists – candidates for the judicial positions, consisting at legal agencies are shown, both in the capital, and in the province. The most significant achievements are allocated in the sphere of preparation of a highly skilled personnel reserve for the Russian justice.
Ключевые слова / Keywords:
legal shots, legal education, candidates for judicial positions, vocational training, law undestending.
KAMENICHENKO S.B.
Kamenichenko S.B.
–
Legal bases of preparation of the military staff of a stock of Land forces РККА (1921 – June, 1941).
Страницы / Pages: 128-132
Аннотация / Annotation:
In clause legal bases of preparation of the command and commanding staff of a stock of Land forces РККА, on an example вневойсковой preparations комначсостава a stock in a network of civil high schools and technical schools, educational items Осоавиахима are considered.
Ключевые слова / Keywords:
command and commanding structure, the state and military bodies, the law, the decision, legal bases.
Аннотация / Annotation:
In clause legal bases of preparation of the command and commanding staff of a stock of Land forces РККА, on an example вневойсковой preparations комначсостава a stock in a network of civil high schools and technical schools, educational items Осоавиахима are considered.
Ключевые слова / Keywords:
command and commanding structure, the state and military bodies, the law, the decision, legal bases.
BUDYLINA I.N.
Budylina I.N.
–
Improving the system of preparation of the command staff of the liaison troops on the eve of the Great Patriotic war 1941-1945: legal aspects
Страницы / Pages: 133-138
Аннотация / Annotation:
The article is devoted to problematic issues of preparation of the command staff of the, liaison troops and the whole system of training and education of the troops of the Red army on the eve of the Great Patriotic war. The author describes the main legal aspects of the system of the military liaison, the priority activities of the government and military authorities to prepare the command staff of the liaison troops. The article provides guidance documents (orders, directives, instructions), which characterize the basic indicators of the system of training of command staff.
Ключевые слова / Keywords:
command staff, liaison troops, the Great Patriotic War, the Public Commissariat of defense, the Stewardship of liaison troops, the General staff, order, directive, military school, the system of education, the level of training of command staff.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article is devoted to problematic issues of preparation of the command staff of the, liaison troops and the whole system of training and education of the troops of the Red army on the eve of the Great Patriotic war. The author describes the main legal aspects of the system of the military liaison, the priority activities of the government and military authorities to prepare the command staff of the liaison troops. The article provides guidance documents (orders, directives, instructions), which characterize the basic indicators of the system of training of command staff.
Ключевые слова / Keywords:
command staff, liaison troops, the Great Patriotic War, the Public Commissariat of defense, the Stewardship of liaison troops, the General staff, order, directive, military school, the system of education, the level of training of command staff.
RESHETNIK Y.F. Reshetnik Y.F. – candidate of legal Sciences
How to eliminate corruption components of articles 3.12 and 27.12 of KoAP of the Russian Federation Y.F. carried out newsletter about
Страницы / Pages: 139-146
Аннотация / Annotation:
The article emphasizes the corruption components of the Institute of early termination of the administrative punishment in the form of administrative suspension of activities, and proposed to the administrative code of Russia changes to address them.
Ключевые слова / Keywords:
administrative suspension of operations, termination of punishment, application of the entrepreneur, the conclusion of the official, who was invited as an expert.
Аннотация / Annotation:
The article emphasizes the corruption components of the Institute of early termination of the administrative punishment in the form of administrative suspension of activities, and proposed to the administrative code of Russia changes to address them.
Ключевые слова / Keywords:
administrative suspension of operations, termination of punishment, application of the entrepreneur, the conclusion of the official, who was invited as an expert.
MINNIGULOVA D.B. Minnigulova D.B. – candidate of jurisprudence, associate professor
Strike on the public civil service: to be or not to be
Страницы / Pages: 147-150
Аннотация / Annotation:
In article the strike institute on the public civil service is considered. The author made an attempt to comprehend the capacity of institute of a strike on the public civil service as an extreme form of permission of collective office dispute. Besides the main are defined, according to the author, the rule of holding strikes on the public civil service.
Ключевые слова / Keywords:
the public civil service, collective office dispute, individual office dispute, strike in the public civil service.
Аннотация / Annotation:
In article the strike institute on the public civil service is considered. The author made an attempt to comprehend the capacity of institute of a strike on the public civil service as an extreme form of permission of collective office dispute. Besides the main are defined, according to the author, the rule of holding strikes on the public civil service.
Ключевые слова / Keywords:
the public civil service, collective office dispute, individual office dispute, strike in the public civil service.
AMBARTSUMYAN S.G. Ambartsumyan S.G. – Candidate of Technical Sciences
Adaptive management of the criminal law
Страницы / Pages: 151-154
Аннотация / Annotation:
Article is devoted to adaptive management of the criminal law. The author pays attention to use of system of adaptive management by the criminal law.
Ключевые слова / Keywords:
adaptive law, criminal law, system of adaptive management.
Аннотация / Annotation:
Article is devoted to adaptive management of the criminal law. The author pays attention to use of system of adaptive management by the criminal law.
Ключевые слова / Keywords:
adaptive law, criminal law, system of adaptive management.
KUZNETSOV A.A. Kuznetsov A.A. – Candidate of Legal Sciences
Local government in Russia: historical and legal aspects
Страницы / Pages: 155-160
Аннотация / Annotation:
The author in the researches applies a method of comparative jurisprudence, considers the process of norms reception of the municipal law in a number of foreign states.
Ключевые слова / Keywords:
shipyard, common law, economic community of Slavic tribes, theory of a free community, national self-government, local government, method of comparative jurisprudence.
SCIENTIFIC DEBUTАннотация / Annotation:
The author in the researches applies a method of comparative jurisprudence, considers the process of norms reception of the municipal law in a number of foreign states.
Ключевые слова / Keywords:
shipyard, common law, economic community of Slavic tribes, theory of a free community, national self-government, local government, method of comparative jurisprudence.
SIDORINA O.E. Sidorina O.E. – graduate student of chair of the legal support of the state and municipal services of the International Institute of Public Administration and Management of the Russian Presidential Academy of National Economy and Public Administration (Moscow, Russia)
Administrative-legal nature, concepts and conceptual basis of the government’s housing policy
Страницы / Pages: 161-170
Аннотация / Annotation:
The article investigates the administrative-legal nature, the concepts and the conceptual basis of the government’s housing policy. The author investigates the features of administrative-legal regulation and realization of the government’s housing policy. Presented by the author’s definition of the concept of «government’s housing policy».
Ключевые слова / Keywords:
public administration, public housing policy, housing, administrative law.
Аннотация / Annotation:
The article investigates the administrative-legal nature, the concepts and the conceptual basis of the government’s housing policy. The author investigates the features of administrative-legal regulation and realization of the government’s housing policy. Presented by the author’s definition of the concept of «government’s housing policy».
Ключевые слова / Keywords:
public administration, public housing policy, housing, administrative law.
NARINYAN L.M. Narinyan L.M. – Assistant to the Judge of the Arbitration Court of the Moscow District.
About minors fiscal arrears collection and bringing legal representatives to the fiscal responsibility.
Страницы / Pages: 171-177
Аннотация / Annotation:
The article is devoted to the research of legal foundations of the minors fiscal arrears collection. Author analyzes the current legislation for the possibility of minors fiscal arrears to be collected from their legal representatives, as well as bringing legal representatives to the fiscal responsibility.
Ключевые слова / Keywords:
tax law, tax collection, minors, legal representative.
REVIEWSАннотация / Annotation:
The article is devoted to the research of legal foundations of the minors fiscal arrears collection. Author analyzes the current legislation for the possibility of minors fiscal arrears to be collected from their legal representatives, as well as bringing legal representatives to the fiscal responsibility.
Ключевые слова / Keywords:
tax law, tax collection, minors, legal representative.
KERIMOV A.D. Kerimov A.D. – professor of the Constitutional Law Chair of the Russian Presidential Academy of National Economy and Public Administration (Moscow, Russia), professor, chief-editor of the journal «Politics and Society», doctor of science (Law), State professor.
On some problematic points on theory of public administration
Страницы / Pages: 178-180
Аннотация / Annotation:
This article is a review on textbook of I.V. Ponkin «General Theory of Public Administration: Selected lectures». Based on a careful study of this work, the author gives it a positive evaluation and certainly come to a definite conclusion that it is of considerable interest to all persons, who are concerned with issues of public (state and municipal) administration.
Ключевые слова / Keywords:
public administration, public policy, public services, dysfunctional state , failed state , electronic state, decentralization, legislation.
Аннотация / Annotation:
This article is a review on textbook of I.V. Ponkin «General Theory of Public Administration: Selected lectures». Based on a careful study of this work, the author gives it a positive evaluation and certainly come to a definite conclusion that it is of considerable interest to all persons, who are concerned with issues of public (state and municipal) administration.
Ключевые слова / Keywords:
public administration, public policy, public services, dysfunctional state , failed state , electronic state, decentralization, legislation.