Право и образование
№ 03 • 2015
A THEORY OF LAW
PRISTENSKIY V.N Pristenskiy V.N – candidate of philosophy, assistant Professor of the chair of social-humanitarian and economic disciplines, Voronezh Institute of the Ministry of the Interior of Russia
Man and law: symmetry of positions
Страницы / Pages: 4-16
Аннотация / Annotation:
The article concerns the topological analysis of law in the context of problems of philosophy of man. The author investigates spatial connections between law and man, correlation of their position in social space structure. He shows that law reflects in the social space structure that place which a person with his freedom has in it. The author comes to a conclusion that not any social space is considered to be the law space but only that one in which a person has the central place and where his freedom is realized.
Ключевые слова / Keywords:
person, law, topology, symmetry, social space, law space.
Аннотация / Annotation:
The article concerns the topological analysis of law in the context of problems of philosophy of man. The author investigates spatial connections between law and man, correlation of their position in social space structure. He shows that law reflects in the social space structure that place which a person with his freedom has in it. The author comes to a conclusion that not any social space is considered to be the law space but only that one in which a person has the central place and where his freedom is realized.
Ключевые слова / Keywords:
person, law, topology, symmetry, social space, law space.
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
Dysfunctional state and dysfunctional public administration
Страницы / Pages: 17-28
Аннотация / Annotation:
The article investigates the essential features, species, nature, causes and manifestations of a dysfunctional state and dysfunctional public administration. Shows the contents of the scientific debate on this subject. The article suggested author’s definition of a dysfunctional state. Presented classification of a dysfunctional state. The author investigates the reasons of the dysfunctionalisation of public administration.
Ключевые слова / Keywords:
dysfunction, dysfunction of the state, dysfunctional state, failed state, public administration, dysfunctional public administration, governance, sovereignty, destabilization of the state.
Аннотация / Annotation:
The article investigates the essential features, species, nature, causes and manifestations of a dysfunctional state and dysfunctional public administration. Shows the contents of the scientific debate on this subject. The article suggested author’s definition of a dysfunctional state. Presented classification of a dysfunctional state. The author investigates the reasons of the dysfunctionalisation of public administration.
Ключевые слова / Keywords:
dysfunction, dysfunction of the state, dysfunctional state, failed state, public administration, dysfunctional public administration, governance, sovereignty, destabilization of the state.
SERBIN D.S.
Serbin D.S.
–
The concept and content of the right to privacy in terms of constitutional law
Страницы / Pages: 29-36
Аннотация / Annotation:
The article investigates the constitutional right to privacy. The author considers this right as a composite and complex-derivative positive right. The paper presents author’s classification of the constitutional guarantees of the right to privacy. The author offers his definition of the right to privacy. Shows the contents of the scientific debate about the content of the right to privacy.
Ключевые слова / Keywords:
right to privacy, constitutional rights and liberties, constitutional law, secret, non-public, personal dignity.
Аннотация / Annotation:
The article investigates the constitutional right to privacy. The author considers this right as a composite and complex-derivative positive right. The paper presents author’s classification of the constitutional guarantees of the right to privacy. The author offers his definition of the right to privacy. Shows the contents of the scientific debate about the content of the right to privacy.
Ключевые слова / Keywords:
right to privacy, constitutional rights and liberties, constitutional law, secret, non-public, personal dignity.
GRIGORIEV V.V.
Grigoriev V.V.
–
Legal aspects of public exposure for the payment of an administrative penalty in terms of development of civil society
Страницы / Pages: 37-41
Аннотация / Annotation:
This article discusses the possible legal ways to use Government penalties in the context of the development of civil society in Russia. As part of measures to strengthen the public impact, including in customs based proposal for the implementation of criminal liability for failure to pay administrative fines as a voluntary payment.
Ключевые слова / Keywords:
measures of public influence, civic duty, violation of customs rules, an administrative fine; failure to pay; criminal responsibility, enforcement.
MODERN EDUCATIONАннотация / Annotation:
This article discusses the possible legal ways to use Government penalties in the context of the development of civil society in Russia. As part of measures to strengthen the public impact, including in customs based proposal for the implementation of criminal liability for failure to pay administrative fines as a voluntary payment.
Ключевые слова / Keywords:
measures of public influence, civic duty, violation of customs rules, an administrative fine; failure to pay; criminal responsibility, enforcement.
LEBEDEVA O.V. Lebedeva O.V. – Doctor of pedagogy, professor
CHIRKOVA E.C.
Chirkova E.C.
–
Forming of the future lawers’ legal and intercultural competences
Страницы / Pages: 42-49
Аннотация / Annotation:
The article covers the model of forming of the future lawers’ legal and intercultural competences. The interdependence of such components as methodological approaches, the aim, the content, the technologies and results helps to form the unity of the legal and intercultural competences. The possible indices of levels of the legal and intercultural competences are dertermined.
Ключевые слова / Keywords:
legal and intercultural competence, cultural, axiological, competence, integrative approaches, target, informative, technology, assessment and effective components of the model.
Аннотация / Annotation:
The article covers the model of forming of the future lawers’ legal and intercultural competences. The interdependence of such components as methodological approaches, the aim, the content, the technologies and results helps to form the unity of the legal and intercultural competences. The possible indices of levels of the legal and intercultural competences are dertermined.
Ключевые слова / Keywords:
legal and intercultural competence, cultural, axiological, competence, integrative approaches, target, informative, technology, assessment and effective components of the model.
NEDBAYLO S.V. Nedbaylo S.V. – Ph.D. in Pedagogic Sciences
Psychological and pedagogical features of pedagogical interaction between lecturers and cadets in process of education
Страницы / Pages: 50-57
Аннотация / Annotation:
The article is focused on psychological and pedagogical features of pedagogical interaction of lecturers and cadets in the educational process of a military school. The author analyzes different approaches to the issue, gives her opinion on the optimization of pedagogical interaction, and indicates the most significant omissions when developing a learning activities culture of cadets. The article emphasizes the role of the lecturer as an organizer of the entire academic work of cadets, who, in his activities, activates cognitive motivation concerning cadets’ personalities.
Ключевые слова / Keywords:
motivation, process of education, pedagogical interaction, cognitive activity.
Аннотация / Annotation:
The article is focused on psychological and pedagogical features of pedagogical interaction of lecturers and cadets in the educational process of a military school. The author analyzes different approaches to the issue, gives her opinion on the optimization of pedagogical interaction, and indicates the most significant omissions when developing a learning activities culture of cadets. The article emphasizes the role of the lecturer as an organizer of the entire academic work of cadets, who, in his activities, activates cognitive motivation concerning cadets’ personalities.
Ключевые слова / Keywords:
motivation, process of education, pedagogical interaction, cognitive activity.
MIKHAILOVA О.E. Mikhailova О.E. – candidate of Laws
The role and place of professional simulation, its forms and types in educational process for customs profile
Страницы / Pages: 58-62
Аннотация / Annotation:
In the article is considered application of professional simulation as an active teaching method for customs profile specialists. The concept, historical aspect of development, classification features of professional simulation and also professional competencies, obtaining by the students are reflected.
Ключевые слова / Keywords:
customs profile, active teaching methods, professional simulation, classification of professional simulations, professional competencies.
Аннотация / Annotation:
In the article is considered application of professional simulation as an active teaching method for customs profile specialists. The concept, historical aspect of development, classification features of professional simulation and also professional competencies, obtaining by the students are reflected.
Ключевые слова / Keywords:
customs profile, active teaching methods, professional simulation, classification of professional simulations, professional competencies.
DRUZHININA А.В. Druzhinina А.В. – candidate of legal Sciences, associate Professor
SPLAVSKAYA N.V. Splavskaya N.V. – candidate of legal Sciences
The implementation of network concept of the individual development of law students at the International Innovative University
Страницы / Pages: 63-67
Аннотация / Annotation:
There is a research in the article of traditional and innovative educational technologies in the context of realization of competence-based approach during the training of law students practical skills and abilities in legal profession.
Ключевые слова / Keywords:
traditional educational technologies, the innovative educational technologies, internet educational technologies, competent approach in education, innovative forms of education, clinical juridical training, juridical clinic, internet juridical clinic, internet educational space, internet professional club of lawyers.
Аннотация / Annotation:
There is a research in the article of traditional and innovative educational technologies in the context of realization of competence-based approach during the training of law students practical skills and abilities in legal profession.
Ключевые слова / Keywords:
traditional educational technologies, the innovative educational technologies, internet educational technologies, competent approach in education, innovative forms of education, clinical juridical training, juridical clinic, internet juridical clinic, internet educational space, internet professional club of lawyers.
GADZHIYEVA P.D. Gadzhiyeva P.D. – Ph.D., associate professor
Case – a method – as a method of interactive training
Страницы / Pages: 68-75
Аннотация / Annotation:
Article is devoted to a problem of activization of cognitive activity of the modern educational technologies which were trained by means of use. In it opportunities “a case – a method” in uchebno-educational process are opened, the technique of the analysis of a concrete situation and the methodical recommendations is also given to the teacher necessary in the course of use of this technology.
Ключевые слова / Keywords:
case – a method, a situation, discussion, a case – style, synergetic technology.
Аннотация / Annotation:
Article is devoted to a problem of activization of cognitive activity of the modern educational technologies which were trained by means of use. In it opportunities “a case – a method” in uchebno-educational process are opened, the technique of the analysis of a concrete situation and the methodical recommendations is also given to the teacher necessary in the course of use of this technology.
Ключевые слова / Keywords:
case – a method, a situation, discussion, a case – style, synergetic technology.
CHASHNIKOV V.A. Chashnikov V.A. – candidate of law, associate Professor
Anti-corruption education in the internal Affairs of the Russian Federation (by the example of Ural juridical Institute of the Ministry of internal Affairs of the Russian Federation)
Страницы / Pages: 76-80
Аннотация / Annotation:
In the article the method of forming the anti-corruption standard of deciding on students in the Ural juridical Institute of the Ministry of internal Affairs of the Russian Federation by teaching a special course “Basics of anti-corruption behavior of the police” Presents the experience of teaching a special course can be used by educational institutions.
Ключевые слова / Keywords:
prevention, corruption, anti-corruption standard of conduct, a special course.
WE DISCUSS THE PROBLEMАннотация / Annotation:
In the article the method of forming the anti-corruption standard of deciding on students in the Ural juridical Institute of the Ministry of internal Affairs of the Russian Federation by teaching a special course “Basics of anti-corruption behavior of the police” Presents the experience of teaching a special course can be used by educational institutions.
Ключевые слова / Keywords:
prevention, corruption, anti-corruption standard of conduct, a special course.
BARANOV V.D. Baranov V.D. – Dr. economic, professor
Trade-Economic Sanctions and WTO legislation
Страницы / Pages: 81-87
Аннотация / Annotation:
The author of the article analyses the legal and trade-economic aspects of sanctions imposed by a number of leading Western countries on Russia. The author examines the legal ground of the UN sanctions and proves that trade and economic sanctions are contrary to WTO law and principles. The article considers some trade and political issues of Russian -Ukrainian relations in the framework of their possible regulation through dispute settlement mechanisms of WTO.
Ключевые слова / Keywords:
WTO, Trade-Economic Sanctions, International Legal Trade System, the Principle of Discrimination in International Trade.
Аннотация / Annotation:
The author of the article analyses the legal and trade-economic aspects of sanctions imposed by a number of leading Western countries on Russia. The author examines the legal ground of the UN sanctions and proves that trade and economic sanctions are contrary to WTO law and principles. The article considers some trade and political issues of Russian -Ukrainian relations in the framework of their possible regulation through dispute settlement mechanisms of WTO.
Ключевые слова / Keywords:
WTO, Trade-Economic Sanctions, International Legal Trade System, the Principle of Discrimination in International Trade.
KOZLOV V.F. Kozlov V.F. – the candidate of jurisprudence
The environment of generation and spread of knowledge as a basis of construction of innovative economy
Страницы / Pages: 88-93
Аннотация / Annotation:
The structure of scientific and technical area of the Russian Federation is revealed. The conclusion that the environment of generation and spread of knowledge becomes a basis of construction and progress of innovative sector of scientific and technical area is done. The strong and weaknesses of the environment of generation and spread of knowledge of the Russian Federation are analyzed. In the conclusion it is underlined, that the high school sector of the environment of generation and spread of knowledge of the Russian Federation is that center where there is an integration of a science, education and manufactures.
Ключевые слова / Keywords:
Science, scientific and technical area, innovations, technologies, financing of a science, basic researches, applied researches, higher education.
Аннотация / Annotation:
The structure of scientific and technical area of the Russian Federation is revealed. The conclusion that the environment of generation and spread of knowledge becomes a basis of construction and progress of innovative sector of scientific and technical area is done. The strong and weaknesses of the environment of generation and spread of knowledge of the Russian Federation are analyzed. In the conclusion it is underlined, that the high school sector of the environment of generation and spread of knowledge of the Russian Federation is that center where there is an integration of a science, education and manufactures.
Ключевые слова / Keywords:
Science, scientific and technical area, innovations, technologies, financing of a science, basic researches, applied researches, higher education.
ANISHCHENKO E.V. Anishchenko E.V. – candidate of economic sciences, associate professor
New approaches to the research capacity in law enforcement
Страницы / Pages: 94-102
Аннотация / Annotation:
Height threats of economic nature, which, since the 90-ies of XX century, is one of the most important challenges for the new Russia, necessitates a comprehensive study of the problems of economic security of the country. Organizational and administrative trouble in this area of research will not achieve the necessary level of economic growth makes it difficult to reform the economy and is a brake for the improvement and development of all spheres of life in the country.
Ключевые слова / Keywords:
scientifically research potential, bodies of economic and financial investigations, economic security, crime of an economic orientation.
SCIENTIFIC MESSAGESАннотация / Annotation:
Height threats of economic nature, which, since the 90-ies of XX century, is one of the most important challenges for the new Russia, necessitates a comprehensive study of the problems of economic security of the country. Organizational and administrative trouble in this area of research will not achieve the necessary level of economic growth makes it difficult to reform the economy and is a brake for the improvement and development of all spheres of life in the country.
Ключевые слова / Keywords:
scientifically research potential, bodies of economic and financial investigations, economic security, crime of an economic orientation.
NOSOV S.I. Nosov S.I. – Doctor of Law, Professor
The sovereignty of the state in the context of globalization, new threats and challenges
Страницы / Pages: 103-111
Аннотация / Annotation:
The questions of state sovereignty under the conditions of globalization. Explore new threats and challenges and their impact on the internal and external sides of state sovereignty. Forms to influence state sovereignty are becoming more diverse. The content and the types of sanctions (economic and political) in respect of states pursuing independent policies. We study the forms of transfer of authority of sovereign states interstate associations.
Ключевые слова / Keywords:
state sovereignty, legal sovereignty, economic and political sanctions, legal guarantees of sovereignty, the transfer of sovereign powers model interstate associations.
Аннотация / Annotation:
The questions of state sovereignty under the conditions of globalization. Explore new threats and challenges and their impact on the internal and external sides of state sovereignty. Forms to influence state sovereignty are becoming more diverse. The content and the types of sanctions (economic and political) in respect of states pursuing independent policies. We study the forms of transfer of authority of sovereign states interstate associations.
Ключевые слова / Keywords:
state sovereignty, legal sovereignty, economic and political sanctions, legal guarantees of sovereignty, the transfer of sovereign powers model interstate associations.
SOLOVEV S.G. Solovev S.G. – doctor of Law, professor
Local government and state power: the constitutional separation of the unification (based on messages from the President of the Russian Federation)
Страницы / Pages: 112-119
Аннотация / Annotation:
The subject of this article is to study the conceptual and terminological, theoretical, logical well conceived, accessible and understandable to the population of Russia, as well as evaluation of the practical implementation of the provisions of the constitutional concept of local self-government. The article analyzes the theoretical and practical problems associated with these problems.
Ключевые слова / Keywords:
Constitution of the Russian Federation, local self-government, the constitutional concept of local self-government.
Аннотация / Annotation:
The subject of this article is to study the conceptual and terminological, theoretical, logical well conceived, accessible and understandable to the population of Russia, as well as evaluation of the practical implementation of the provisions of the constitutional concept of local self-government. The article analyzes the theoretical and practical problems associated with these problems.
Ключевые слова / Keywords:
Constitution of the Russian Federation, local self-government, the constitutional concept of local self-government.
NAGOVITSINA T.A. Nagovitsina T.A. – Ph.D.
Journalistic investigation as a media product: legal aspects
Страницы / Pages: 120-127
Аннотация / Annotation:
Article deals with problems of investigative journalism on television. The focus is on the legal aspects of this method of collection and delivery of socially important facts and analyzes examples of lawsuits against individual journalists and broadcasters, raises the issue of legal education of journalists and competence of lawyers engaged in criminal cases related to investigative journalism.
Ключевые слова / Keywords:
journalistic investigation, legal aspects, criminal liability, legal security, a claim for protection of honor, dignity and business reputation.
Аннотация / Annotation:
Article deals with problems of investigative journalism on television. The focus is on the legal aspects of this method of collection and delivery of socially important facts and analyzes examples of lawsuits against individual journalists and broadcasters, raises the issue of legal education of journalists and competence of lawyers engaged in criminal cases related to investigative journalism.
Ключевые слова / Keywords:
journalistic investigation, legal aspects, criminal liability, legal security, a claim for protection of honor, dignity and business reputation.
VOYTOVICH L.V. Voytovich L.V. – Candidate of Juridical Sciences, Docent
Procedural aspects of conducting and deciding cases upon applications to return a child or to exercise rights of access in respect to a child pursuant to an international treaty of the Russian Federation
Страницы / Pages: 128-140
Аннотация / Annotation:
This article examines specific procedural aspects of a new form of action proceedings, which contains a procedure for conducting and deciding cases upon applications to return a child or to exercise rights of access in respect to a child pursuant to an international treaty of the Russian Federation. These new rules were introduced as chapter 22.2 of the Civil Procedure Code of the Russian Federation to implement provisions of the Convention on the Civil Aspects of International Child Abduction (concluded 25 October 1980).
Ключевые слова / Keywords:
civil procedure; return of children; rights of access; implementation of international treaties.
PAGES OF HISTORYАннотация / Annotation:
This article examines specific procedural aspects of a new form of action proceedings, which contains a procedure for conducting and deciding cases upon applications to return a child or to exercise rights of access in respect to a child pursuant to an international treaty of the Russian Federation. These new rules were introduced as chapter 22.2 of the Civil Procedure Code of the Russian Federation to implement provisions of the Convention on the Civil Aspects of International Child Abduction (concluded 25 October 1980).
Ключевые слова / Keywords:
civil procedure; return of children; rights of access; implementation of international treaties.
SOLOVYEV A.A. Solovyev A.A. – doctor of science (Law), professor
Reforming the Judicial System during the French Revolution
Страницы / Pages: 141-147
Аннотация / Annotation:
The article deals with the key moment of transforming the judicial system in France – that if the Revolution of 1789. The author touches upon the most important aspects of change in criminal as well as in civil justice. Special attention is drawn to the basic law which was the Decree on the organization of the judiciary as part of the August decrees.
Ключевые слова / Keywords:
France, judicial system, French Revolution, Decree on the judiciary.
Аннотация / Annotation:
The article deals with the key moment of transforming the judicial system in France – that if the Revolution of 1789. The author touches upon the most important aspects of change in criminal as well as in civil justice. Special attention is drawn to the basic law which was the Decree on the organization of the judiciary as part of the August decrees.
Ключевые слова / Keywords:
France, judicial system, French Revolution, Decree on the judiciary.
MELNIKOVA M.V. Melnikova M.V. – candidate of jurisprudence, professor
Methodology of scientific knowledge of the state and society in the Middle ages
Страницы / Pages: 148-152
Аннотация / Annotation:
The article discusses the formation methods of scientific knowledge society and the state in medieval thought, and the influence of Roman law and the Christian religion on the development of legal thought in medieval Western Europe. It discusses views on the structure of the state and society one of the most prominent representatives of this period. Machiavelli. The article notes the importance of the study of political and legal ideas of the past in contemporary legal education.
Ключевые слова / Keywords:
Roman law, Medieval, methodology, empiricism, the city-state, civil society, juridical education.
Аннотация / Annotation:
The article discusses the formation methods of scientific knowledge society and the state in medieval thought, and the influence of Roman law and the Christian religion on the development of legal thought in medieval Western Europe. It discusses views on the structure of the state and society one of the most prominent representatives of this period. Machiavelli. The article notes the importance of the study of political and legal ideas of the past in contemporary legal education.
Ключевые слова / Keywords:
Roman law, Medieval, methodology, empiricism, the city-state, civil society, juridical education.
SHADSKAJA M.V.
Shadskaja M.V.
–
NORMATIVE-LEGAL BASE OF THE SHAPING OF MORAL LOOK OF THE RUSSIAN OFFICER IN XIX CENTURY
Страницы / Pages: 153-159
Аннотация / Annotation:
In article are considered legal bases and factors of spiritual education of officers in the Russian army in the 19-th century.
Ключевые слова / Keywords:
the history of Russia, Russian officers, right, education.
SCIENTIFIC DEBUTАннотация / Annotation:
In article are considered legal bases and factors of spiritual education of officers in the Russian army in the 19-th century.
Ключевые слова / Keywords:
the history of Russia, Russian officers, right, education.
SIMAKOVA A.Y.
Simakova A.Y.
–
To a problem of optimization of influence of information and cultural space of Russia in the context of formation of the identity of the serviceman
Страницы / Pages: 160-167
Аннотация / Annotation:
In article author’s approach to a problem of optimization of influence of information and cultural space on development of the identity of the serviceman in modern conditions is stated. Conditions and factors of this optimization are analyzed, the priority directions of development of the identity of the serviceman by means of her entry into information and cultural and educational space of modern Russia locate.
Ключевые слова / Keywords:
information and cultural space, development of the identity of the serviceman, educational space.
Аннотация / Annotation:
In article author’s approach to a problem of optimization of influence of information and cultural space on development of the identity of the serviceman in modern conditions is stated. Conditions and factors of this optimization are analyzed, the priority directions of development of the identity of the serviceman by means of her entry into information and cultural and educational space of modern Russia locate.
Ключевые слова / Keywords:
information and cultural space, development of the identity of the serviceman, educational space.
ZAROVNAYA L.V.
Zarovnaya L.V.
–
About the law categories «state debt» and «state credit»
Страницы / Pages: 168-173
Аннотация / Annotation:
The article describes the correlation of financial and legal categories, such as the state of dollars and state loan. Given the economic and legal characteristics of these concepts, analyses the discussions of the issue in the financial science. In connection with what the author makes a conclusion about the affiliation of legal categories to a single legal Institute.
Ключевые слова / Keywords:
state debt, state credit, financial and legal category, legal Institute.
Аннотация / Annotation:
The article describes the correlation of financial and legal categories, such as the state of dollars and state loan. Given the economic and legal characteristics of these concepts, analyses the discussions of the issue in the financial science. In connection with what the author makes a conclusion about the affiliation of legal categories to a single legal Institute.
Ключевые слова / Keywords:
state debt, state credit, financial and legal category, legal Institute.