Право и образование
№ 03 • 2017
A THEORY OF LAW
NOSKOV YU.G. Noskov Yu.G. – doctor of philosophical sciences, professor, professor of the department of judicial and law-enforcement activity of the Russian state University of justice/
Formal logic and jurisprudence
Страницы / Pages: 4-14
Аннотация / Annotation:
The article analyses the most typical mistakes committed by domestic lawyers and in particular judges, related to the violation of the rules of formal logic. Shown the negative impact of these errors on the quality of law enforcement and, in particular, on the quality of justice. Offers some measures to improve the situation in this sphere.
Ключевые слова / Keywords:
professional skills of the judiciary of Russia, the formal logic, the notion of qualification of a crime, the logical errors, the quality of justice.
Аннотация / Annotation:
The article analyses the most typical mistakes committed by domestic lawyers and in particular judges, related to the violation of the rules of formal logic. Shown the negative impact of these errors on the quality of law enforcement and, in particular, on the quality of justice. Offers some measures to improve the situation in this sphere.
Ключевые слова / Keywords:
professional skills of the judiciary of Russia, the formal logic, the notion of qualification of a crime, the logical errors, the quality of justice.
KLIMOV I.P. Klimov I.P. – doctor of historical sciences, professor
Concept of person’s and citizen’s rights and freedoms and their classification in domestic legal literature of the 21st century
Страницы / Pages: 15-22
Аннотация / Annotation:
Nowdays, law is studied by the great number of Russian citizens in educational establishments and independently by self-education too. The article contains fundamental constitutional concepts: person’s and the citizen’s rights, freedoms and obligations; personal legal status; classification of rights and freedoms, their guarantees and implementation. The article shows and reveals the steps of solving of the discussed question in legal literature in the beginning of 21st century, debatable approaches to the interpretation of these concepts, the author’s point of view. Some recommendations about use of modern scientific and educational literature are also given in the article.
Ключевые слова / Keywords:
constitution of the Russian Federation; rights, freedoms, obligations of person and citizen; person’s legal status; rights and freedoms classification; guarantees of the rights and freedoms; implementation of the rights and freedoms; debatable approaches; legal literature; 21st century.
Аннотация / Annotation:
Nowdays, law is studied by the great number of Russian citizens in educational establishments and independently by self-education too. The article contains fundamental constitutional concepts: person’s and the citizen’s rights, freedoms and obligations; personal legal status; classification of rights and freedoms, their guarantees and implementation. The article shows and reveals the steps of solving of the discussed question in legal literature in the beginning of 21st century, debatable approaches to the interpretation of these concepts, the author’s point of view. Some recommendations about use of modern scientific and educational literature are also given in the article.
Ключевые слова / Keywords:
constitution of the Russian Federation; rights, freedoms, obligations of person and citizen; person’s legal status; rights and freedoms classification; guarantees of the rights and freedoms; implementation of the rights and freedoms; debatable approaches; legal literature; 21st century.
GARASHKO A.YU. Garashko A.Yu. – candidate of legal Sciences
STEPANYUK V.I.
Stepanyuk V.I.
–
The role of the game phenomenon in the formation of sense
of justice as a source of law
Страницы / Pages: 23-27
Аннотация / Annotation:
This article analyzes the significance of the game for justice, the speaker, in the context of a wider understanding of law, source of law. The author comes to the following conclusion: the diversity of rights and presemanticist concept of the game lead to the fact that different forms of law the phenomenon of the game affects consciousness in different ways. State law formalizes game and desacralized mifologiia the sense of justice in international law – politicized, in the individual law of the game is virtualization and devirtualization reality.
Ключевые слова / Keywords:
law, source of law, play, awareness, understanding of law, public law, private law, interstate law, form of law.
MODERN EDUCATIONАннотация / Annotation:
This article analyzes the significance of the game for justice, the speaker, in the context of a wider understanding of law, source of law. The author comes to the following conclusion: the diversity of rights and presemanticist concept of the game lead to the fact that different forms of law the phenomenon of the game affects consciousness in different ways. State law formalizes game and desacralized mifologiia the sense of justice in international law – politicized, in the individual law of the game is virtualization and devirtualization reality.
Ключевые слова / Keywords:
law, source of law, play, awareness, understanding of law, public law, private law, interstate law, form of law.
KARPICHENKO N.P. Karpichenko N.P. – Doctor of historical Science, Professor
Some aspects of analysis of Federal State Educational Standard in higher education in the direction 40.03.01. «Jurisprudence» (Bachelor level)
Страницы / Pages: 28-36
Аннотация / Annotation:
This article presents material on new FSES HE in the direction 40.03.01. Jurisprudence Bachelor level, which comes into effect from 1st of September 2017. The article reveals not only Standard’s inherent competence approach to legal education on Bachelor level but also its structure and content and its features in comparison with the previous educational standard.
Ключевые слова / Keywords:
new Federal State Educational Standard (FSES HE) in Jurisprudence (Bachelor level), competence approach, legal acts and requirements, features.
Аннотация / Annotation:
This article presents material on new FSES HE in the direction 40.03.01. Jurisprudence Bachelor level, which comes into effect from 1st of September 2017. The article reveals not only Standard’s inherent competence approach to legal education on Bachelor level but also its structure and content and its features in comparison with the previous educational standard.
Ключевые слова / Keywords:
new Federal State Educational Standard (FSES HE) in Jurisprudence (Bachelor level), competence approach, legal acts and requirements, features.
BORODINA M.I. Borodina M.I. – candidate of Philosophy
Innovative Processes in Russian Education
Страницы / Pages: 37-49
Аннотация / Annotation:
Now the Russian Federation as an active participant in the Bologna process to create a common European Higher Education Area is actively pursuing a reconstruction of the national education law in order to secure the standards of innovation in the educational process. The author conducted a study and analysis of the main concepts and categories of the new education law in Russia such as the sources of subjects and educational principles of law, the state guarantees the right to education, education system, levels of education, management education system and funding of educational services.
Ключевые слова / Keywords:
educational law, education, principles and objectives of the state policy in the sphere of education, subjects of relations in the sphere of education, guarantees the right to education, education system, levels of education, state regulation of educational activity, educational activities of financial security.
Аннотация / Annotation:
Now the Russian Federation as an active participant in the Bologna process to create a common European Higher Education Area is actively pursuing a reconstruction of the national education law in order to secure the standards of innovation in the educational process. The author conducted a study and analysis of the main concepts and categories of the new education law in Russia such as the sources of subjects and educational principles of law, the state guarantees the right to education, education system, levels of education, management education system and funding of educational services.
Ключевые слова / Keywords:
educational law, education, principles and objectives of the state policy in the sphere of education, subjects of relations in the sphere of education, guarantees the right to education, education system, levels of education, state regulation of educational activity, educational activities of financial security.
AKHMETOV A.S. Akhmetov A.S. – Ph.D, associate professor
Formation of legal culture in the process of legal education
Страницы / Pages: 50-57
Аннотация / Annotation:
This article analyzes the legal culture and its role in the training of legal personnel. The aim of the article is to study the characteristics of the issues of legal education and the formation of legal competence among law students. Particular attention is paid to the peculiarities of the credit system of training in preparation of highly qualified specialists, are positive and negative points on this issue.
Ключевые слова / Keywords:
law, culture, identity, legal culture, legal upbringing, a democratic state and its values, civil society, legal education.
Аннотация / Annotation:
This article analyzes the legal culture and its role in the training of legal personnel. The aim of the article is to study the characteristics of the issues of legal education and the formation of legal competence among law students. Particular attention is paid to the peculiarities of the credit system of training in preparation of highly qualified specialists, are positive and negative points on this issue.
Ключевые слова / Keywords:
law, culture, identity, legal culture, legal upbringing, a democratic state and its values, civil society, legal education.
VORONINA A.A. Voronina A.A. – candidate of jurisprudence, docent
Qualification requirements and the requirements for teaching staff of secondary vocational education
Страницы / Pages: 58-67
Аннотация / Annotation:
The needs of the Russian economy for highly qualified labor force updated the question of the staffing of educational institutions of secondary vocational education, providing training of personnel. The article analyzes the existing legal acts in terms of setting the qualifications of, and requirements for teaching staff SPO, identified problems, proposed solutions to them, to the arguments used by the results of sociological research.
Ключевые слова / Keywords:
qualification characteristics, qualifications, professional standards, education, vocational and teacher training, employment function.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The needs of the Russian economy for highly qualified labor force updated the question of the staffing of educational institutions of secondary vocational education, providing training of personnel. The article analyzes the existing legal acts in terms of setting the qualifications of, and requirements for teaching staff SPO, identified problems, proposed solutions to them, to the arguments used by the results of sociological research.
Ключевые слова / Keywords:
qualification characteristics, qualifications, professional standards, education, vocational and teacher training, employment function.
BONDARENKO D.V. Bondarenko D.V. – PhD in Law
Action strategy Ministry of education and science of Russia on the increase of domestic expenditure on research and development
Страницы / Pages: 68-73
Аннотация / Annotation:
The development of science, scale, and nature of scientific research and development, constitute the main factor of the transformation model of economic development of the Russian Federation. The article discusses the activities of the Ministry of education and science on the implementation of instructions stated in the Decree of the President of Russia of may 7, 2012 No. 599 «About measures on realization of state policy in education and science», in such actually area as the increase by 2015 domestic spending on research and development to 1.77% of gross domestic product.
Ключевые слова / Keywords:
Decree of the President of Russia, domestic spending on research and development, private investment, high-tech industry.
Аннотация / Annotation:
The development of science, scale, and nature of scientific research and development, constitute the main factor of the transformation model of economic development of the Russian Federation. The article discusses the activities of the Ministry of education and science on the implementation of instructions stated in the Decree of the President of Russia of may 7, 2012 No. 599 «About measures on realization of state policy in education and science», in such actually area as the increase by 2015 domestic spending on research and development to 1.77% of gross domestic product.
Ключевые слова / Keywords:
Decree of the President of Russia, domestic spending on research and development, private investment, high-tech industry.
AMELCHAKOV I.F. Amelchakov I.F. – PhD
ANDRIENKO Y.I. Andrienko Y.I. – candidate of political Sciences, associate Professor
TALYNEV V.E. Talynev V.E. – Doctor of Social Sciences, Associate Professor
Perceptions of extremism: essence, problems and legal framework of resistance
Страницы / Pages: 74-83
Аннотация / Annotation:
Article is devoted to consideration of essence and the implementation of the legal basis of counteraction to extremism.
Ключевые слова / Keywords:
extremism, terrorism, ideology, democracy, legal framework, opposition, constitutional principles, international guidelines, the National Security Strategy, a strategy to counter extremism.
Аннотация / Annotation:
Article is devoted to consideration of essence and the implementation of the legal basis of counteraction to extremism.
Ключевые слова / Keywords:
extremism, terrorism, ideology, democracy, legal framework, opposition, constitutional principles, international guidelines, the National Security Strategy, a strategy to counter extremism.
LICHKOVA A.V. Lichkova A.V. – PhD
MELNIKOV YU. A.
Melnikov Yu. A.
–
The legal status of the parent (or guardian) of a minor in family legal relationship and the legal guardian of the minor, who was recognized incapable by a court in civil law relations: comparative legal analysis
Страницы / Pages: 84-91
Аннотация / Annotation:
The article is devoted to comparative legal analysis of the status of the parent (or guardian) of a minor in family legal relationship and the legal guardian of the minor, who was recognized incapable by a court in civil law relations. Currently, a comprehensive study of this problem is impossible. In article on the basis of analysis of normative legal acts regulating the status of legal representatives of minors, guardians of minors found incompetent by a court, an attempt is made to characterize their status.
Ключевые слова / Keywords:
rights of the child; property rights of the child; minors, recognized incapable by court; the legal status of the parent (or guardian); legal guardianship; a system of guarantees of the rights; guardianship; representative of the Governor of Primorsky Kari on the rights of the child.
Аннотация / Annotation:
The article is devoted to comparative legal analysis of the status of the parent (or guardian) of a minor in family legal relationship and the legal guardian of the minor, who was recognized incapable by a court in civil law relations. Currently, a comprehensive study of this problem is impossible. In article on the basis of analysis of normative legal acts regulating the status of legal representatives of minors, guardians of minors found incompetent by a court, an attempt is made to characterize their status.
Ключевые слова / Keywords:
rights of the child; property rights of the child; minors, recognized incapable by court; the legal status of the parent (or guardian); legal guardianship; a system of guarantees of the rights; guardianship; representative of the Governor of Primorsky Kari on the rights of the child.
LEONENKO R.M. Leonenko R.M. – PhD
The discovery of traces at the scene during the investigation of the thefts made with penetration into dwelling
Страницы / Pages: 92-95
Аннотация / Annotation:
In accordance with the Criminal procedure code of the Russian Federation determining the procedure and purpose of criminal proceedings in our country, before the bodies of the preliminary investigation is the most important task is the detection and investigation of crimes, ensuring criminal prosecution and appointment guilty just punishment, to protect individuals from illegal and unwarranted condemnation.
Ключевые слова / Keywords:
investigator; specialist; crime scene examination; trace evidence; physical evidence; theft; housing.
Аннотация / Annotation:
In accordance with the Criminal procedure code of the Russian Federation determining the procedure and purpose of criminal proceedings in our country, before the bodies of the preliminary investigation is the most important task is the detection and investigation of crimes, ensuring criminal prosecution and appointment guilty just punishment, to protect individuals from illegal and unwarranted condemnation.
Ключевые слова / Keywords:
investigator; specialist; crime scene examination; trace evidence; physical evidence; theft; housing.
MOROZKINA T.V. Morozkina T.V. – PhD, associate professor
The hermeneutic aspect of the text interpretation
Страницы / Pages: 96-101
Аннотация / Annotation:
This article сonsiders the communicative interaction in the system of author-reader relationship from the perspective of hermeneutic approach, the relationship is developed while working with the text mode. On the other hand, from the perspective of hermeneutic concept of the model of understanding the text (by G.I. Bogin) there is solved one of the most pressing issues in the linguistic analysis of the text, which is the correlation between the understanding and techniques of text interpretation to organize the methodically efficient work with the text involving calculations and disclosure of meaning, as well as ways of their expression in speech.
Ключевые слова / Keywords:
meta-text, understanding, language personality, speech and intellectual activity, reflection.
PAGES OF HISTORYАннотация / Annotation:
This article сonsiders the communicative interaction in the system of author-reader relationship from the perspective of hermeneutic approach, the relationship is developed while working with the text mode. On the other hand, from the perspective of hermeneutic concept of the model of understanding the text (by G.I. Bogin) there is solved one of the most pressing issues in the linguistic analysis of the text, which is the correlation between the understanding and techniques of text interpretation to organize the methodically efficient work with the text involving calculations and disclosure of meaning, as well as ways of their expression in speech.
Ключевые слова / Keywords:
meta-text, understanding, language personality, speech and intellectual activity, reflection.
GERASHCHENKO I.G. Gerashchenko I.G. – Doctor of Sciences (Philosophy), Professor
G.W.F. Hegel’s philosophy of law and contemporary educational issues
Страницы / Pages: 102-111
Аннотация / Annotation:
The article considers pedagogical system of G.W.F.Hegel which he described in the myriad of his essays including «Philosophy of Law». The paper analyzes the following issues of Hegel’s pedagogy in the context of contemporary education: inconsistency of moral ideal within bringing up, Patriotic teaching, correlation of authoritarian and game pedagogy, role of discipline in bringing up, age peculiarities within teaching, formation of theoretical thinking, the value of classical education at gymnasium and university, methods and methodology of philosophy and philosophy of law teaching.
Ключевые слова / Keywords:
G.W.F.Hegel’s philosophy of law, philosophy of education, Patriotic teaching, authoritative pedagogy, game pedagogy, formation of theoretical thinking, classical education.
Аннотация / Annotation:
The article considers pedagogical system of G.W.F.Hegel which he described in the myriad of his essays including «Philosophy of Law». The paper analyzes the following issues of Hegel’s pedagogy in the context of contemporary education: inconsistency of moral ideal within bringing up, Patriotic teaching, correlation of authoritarian and game pedagogy, role of discipline in bringing up, age peculiarities within teaching, formation of theoretical thinking, the value of classical education at gymnasium and university, methods and methodology of philosophy and philosophy of law teaching.
Ключевые слова / Keywords:
G.W.F.Hegel’s philosophy of law, philosophy of education, Patriotic teaching, authoritative pedagogy, game pedagogy, formation of theoretical thinking, classical education.
TUPIKIN R.V.
Tupikin R.V.
–
Russian pre-revolutionary scientific thought about the nature and meaning, the essence and the limits of the property for religious purposes, and about the determinants of its protection
Страницы / Pages: 112-124
Аннотация / Annotation:
The article investigates the interpretation of the nature and value of the property for religious purposes – in the works of Russian lawyers and other scientists until 1917.
Ключевые слова / Keywords:
civil law, real estate objects for religious purposes, religious organization, concordat.
Аннотация / Annotation:
The article investigates the interpretation of the nature and value of the property for religious purposes – in the works of Russian lawyers and other scientists until 1917.
Ключевые слова / Keywords:
civil law, real estate objects for religious purposes, religious organization, concordat.
EVSEEV E.А.
Evseev E.А.
–
Periods of formation and development of voluntary national teams as the main form of participation of the population of the Kemerovo region in the maintenance of public order (1959–1990 biennium)
Страницы / Pages: 125-130
Аннотация / Annotation:
The paper investigated and analyzed the background of the process of the organization and the continued functioning of voluntary national teams for the protection of public order, functioning on the territory of the Kemerovo region. The author defined periods of formation and development of the main forms of amateur organizations, law-enforcement orientation operating in the Kemerovo region at the end of 1950 – the end of the 1980s.
Ключевые слова / Keywords:
voluntary people’s guards, Kemerovo region, the public order.
Аннотация / Annotation:
The paper investigated and analyzed the background of the process of the organization and the continued functioning of voluntary national teams for the protection of public order, functioning on the territory of the Kemerovo region. The author defined periods of formation and development of the main forms of amateur organizations, law-enforcement orientation operating in the Kemerovo region at the end of 1950 – the end of the 1980s.
Ключевые слова / Keywords:
voluntary people’s guards, Kemerovo region, the public order.
SHKALOVA N.A.
Shkalova N.A.
–
The Democratic Foundation of an Economic Justice System
Страницы / Pages: 131-138
Аннотация / Annotation:
The article is the author’s retrospective analysis of the ways economic cases were resolved during the different stages of development of the Russian Federation, as well as an analysis of the impact on such cases of opening up the hearing to representatives of the relevant business/professional community. The modern form of citizen participation in arbitration proceedings is through the arbitration assessor institute, which, according to the author, amounts to an important democratic component of the justice system.
Ключевые слова / Keywords:
economic disputes, order of precedence, business representatives, professional representatives.
SCIENTIFIC DEBUTАннотация / Annotation:
The article is the author’s retrospective analysis of the ways economic cases were resolved during the different stages of development of the Russian Federation, as well as an analysis of the impact on such cases of opening up the hearing to representatives of the relevant business/professional community. The modern form of citizen participation in arbitration proceedings is through the arbitration assessor institute, which, according to the author, amounts to an important democratic component of the justice system.
Ключевые слова / Keywords:
economic disputes, order of precedence, business representatives, professional representatives.
RESHETNYAK V.V. Reshetnyak V.V. – PhD
Interpol in the law enforcement system of the Russian Federation
Страницы / Pages: 139-147
Аннотация / Annotation:
Considers the issues of forming the National Central Bureau of Interpol in the Russian Federation, the legal basis and importance of its activities in the Russian law enforcement system.
Ключевые слова / Keywords:
Interpol, the NCB, the National Central Bureau of Interpol, international crime, investigation.
Аннотация / Annotation:
Considers the issues of forming the National Central Bureau of Interpol in the Russian Federation, the legal basis and importance of its activities in the Russian law enforcement system.
Ключевые слова / Keywords:
Interpol, the NCB, the National Central Bureau of Interpol, international crime, investigation.
APASOVA YU.N.
Apasova Yu.N.
–
Legal Guarantees of the Right to Use Translation Services in Justice System
Страницы / Pages: 148-155
Аннотация / Annotation:
The article is devoted to the review of foreign regulations in the field of realization of the right to use translation services in the legal proceedings of justice system. It is emphasized that the right to translation services as one of the language rights and, in equal measure, as a complex derivative from a number of other rights is based on the fundamental principles of justice system and is subject to obligatory provision by courts as the guarantee of legality and accuracy of their work.
Ключевые слова / Keywords:
Аннотация / Annotation:
The article is devoted to the review of foreign regulations in the field of realization of the right to use translation services in the legal proceedings of justice system. It is emphasized that the right to translation services as one of the language rights and, in equal measure, as a complex derivative from a number of other rights is based on the fundamental principles of justice system and is subject to obligatory provision by courts as the guarantee of legality and accuracy of their work.
Ключевые слова / Keywords:
ROZANOVA E.V. Rozanova E.V. – student
Covenant Marriage as a divorces prevention tool
Страницы / Pages: 156-163
Аннотация / Annotation:
The article describes the special mechanism of fixing of the marital relationship – an covenant marriage. The article describes the concept of covenant marriage. The author shows the role and importance of covenant marriage as an instrument of divorce prevention. The article shows the main shortcomings of the concept of covenant marriage. The author presented a review of US laws in some states (Louisiana and Arkansas) on covenant marriage.
Ключевые слова / Keywords:
covenant marriage, divorce, family law, comparative law, the United States.
Аннотация / Annotation:
The article describes the special mechanism of fixing of the marital relationship – an covenant marriage. The article describes the concept of covenant marriage. The author shows the role and importance of covenant marriage as an instrument of divorce prevention. The article shows the main shortcomings of the concept of covenant marriage. The author presented a review of US laws in some states (Louisiana and Arkansas) on covenant marriage.
Ключевые слова / Keywords:
covenant marriage, divorce, family law, comparative law, the United States.
OSMANOVA D.O.
Osmanova D.O.
–
Definition, concept and features of abusive behaviour in bankruptcy proceedings
Страницы / Pages: 164-169
Аннотация / Annotation:
During this article is analysed the coception of abuses of rights with the reference to bankruptcy. Investigated different scientists points of views, that are variated from the absolute denial of the possibility of existance of such problem to the recognition of such type of behaviour as the act of violation of the law.
Ключевые слова / Keywords:
the conception of abuse of rights, the concept of abuses of rights, bankruptcy proceedings, abussive behaviour, features of abusive behavior, the definition of abuses of rights in bankruptcy proceedings.
Аннотация / Annotation:
During this article is analysed the coception of abuses of rights with the reference to bankruptcy. Investigated different scientists points of views, that are variated from the absolute denial of the possibility of existance of such problem to the recognition of such type of behaviour as the act of violation of the law.
Ключевые слова / Keywords:
the conception of abuse of rights, the concept of abuses of rights, bankruptcy proceedings, abussive behaviour, features of abusive behavior, the definition of abuses of rights in bankruptcy proceedings.
MOISEEV A.I. Moiseev A.I. – postgraduate student
Institutional-legal cooperation as one of the foundations of international legal cooperation of States in combating international terrorism on the example of the Shanghai cooperation organization
Страницы / Pages: 170-174
Аннотация / Annotation:
This article examines the institutional-legal cooperation of States in combating terrorism at the regional level on the example of practical activity of the Shanghai cooperation organization.
Ключевые слова / Keywords:
terrorism, counterterrorism, international organizations, Shanghai cooperation organization, SCO.
REVIEWSАннотация / Annotation:
This article examines the institutional-legal cooperation of States in combating terrorism at the regional level on the example of practical activity of the Shanghai cooperation organization.
Ключевые слова / Keywords:
terrorism, counterterrorism, international organizations, Shanghai cooperation organization, SCO.
MAMITOVA N.V. Mamitova N.V. – doctor of legal Sciences, Professor
The state as a determining factor of social progress
Страницы / Pages: 175-177
Аннотация / Annotation:
This article is a review of the scientific monograph by A.D. Kerimov and I.N. Kuksina “Strong state as a determining factor of social progress” (M.: Norma: INFA-M, 2017).
Ключевые слова / Keywords:
social progress, strong state, state ideology, the concept of a strong state.
Аннотация / Annotation:
This article is a review of the scientific monograph by A.D. Kerimov and I.N. Kuksina “Strong state as a determining factor of social progress” (M.: Norma: INFA-M, 2017).
Ключевые слова / Keywords:
social progress, strong state, state ideology, the concept of a strong state.