Право и образование
№ 04 • 2010
EDUCATIONAL LAW
YAGOFAROV D.A. Yagofarov D.A. – Associate Professor of the Department of Theory and History of State and Law of Ural State Juridical Academy, PhD in Law
Problem Situation in Theoretical and Legal Investigation of Educational Law: Methodological Fundamentals of Detection and Analysis
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Аннотация / Annotation:
Philosophic and theoretical aspects of concept, structure and types of problem situation are considered in the article and it necessary as an initial methodological basis for investigation of scientific and practical problems arising in a field of theoretical and legal studying of various aspects of legal regulation of relations in educational law. Great attention is paid to detection and solution of problem situations in order to elaborate functional legal acts in a field of education.
Ключевые слова / Keywords:
methodology, problem, problem situation, educational law, educational acts.
Аннотация / Annotation:
Philosophic and theoretical aspects of concept, structure and types of problem situation are considered in the article and it necessary as an initial methodological basis for investigation of scientific and practical problems arising in a field of theoretical and legal studying of various aspects of legal regulation of relations in educational law. Great attention is paid to detection and solution of problem situations in order to elaborate functional legal acts in a field of education.
Ключевые слова / Keywords:
methodology, problem, problem situation, educational law, educational acts.
BURLAKOVA I.I. Burlakova I.I. – Associate Professor of the Department of Pedagogy and teaching Methods of Odintsovo Institute for Humanities, PhD in Pedagogy
Issues of legal mechanism of quality support of teachers’ work
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Аннотация / Annotation:
The article covers elaboration of legal mechanisms of quality support for teaching and development of unified approaches to teachers’ attestations. By author’s opinion quality assurance of teaching in educational institutions is an important object of quality management.
Ключевые слова / Keywords:
higher education quality, legal regulation and principle of attestation of teachers; forms of attestation, qualification category, attestation board.
Аннотация / Annotation:
The article covers elaboration of legal mechanisms of quality support for teaching and development of unified approaches to teachers’ attestations. By author’s opinion quality assurance of teaching in educational institutions is an important object of quality management.
Ключевые слова / Keywords:
higher education quality, legal regulation and principle of attestation of teachers; forms of attestation, qualification category, attestation board.
MATYUSHEVA T.N. Matyusheva T.N. – Associate Professor of the Department of State and Legal Disciplines of Nothern Caucasian Branch of GOU VPO ‘Russian Academy of Justice’, PhD in Law
Constitutional and Legal Fundamentals for Regulation of Inclusive Education in the Russian Federation
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Аннотация / Annotation:
There is an active search for ways and means for implementation of right for education with inclusive education for children having disabilities. Inclusive education is considered as a mean of inclusion of these subjects of education into conditions of traditional organization of educational process together with other pupils, and a product of improvement of education for children with disabilities based on constitutional principles of democracy and functioning of civil society, accordance to development of education of values of social justice
Ключевые слова / Keywords:
inclusive education, right for education, right to choose, plan of choice, social justice, children with disabilities, educational institution regulatory documents.
Аннотация / Annotation:
There is an active search for ways and means for implementation of right for education with inclusive education for children having disabilities. Inclusive education is considered as a mean of inclusion of these subjects of education into conditions of traditional organization of educational process together with other pupils, and a product of improvement of education for children with disabilities based on constitutional principles of democracy and functioning of civil society, accordance to development of education of values of social justice
Ключевые слова / Keywords:
inclusive education, right for education, right to choose, plan of choice, social justice, children with disabilities, educational institution regulatory documents.
SAMSONOV I.I. Samsonov I.I. – Acting Associate Professor of the Department of Methods of Teaching of Physical Training of Siberian State University for Physical Training, PhD in Pedagogy
Licensing of Educational Activity of Sport Schools (Omsk Region)
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Аннотация / Annotation:
Issues of licensing procedure of educational activity of sport schools according to the Order of Government of the Russian federation dated March 31, 2009, No.277 and planning improvement of control and supervisory functions in a field of education are considered in the art8icle. The author investigates fundamental documents, which are necessary for attestation of a sport school as an educational institution of extended education, and determines special features of documents preparation in accordance with the existing legislation in Russia.
Ключевые слова / Keywords:
sport school, legal regulation, licensing of educational activity, documents, responsibility.
Аннотация / Annotation:
Issues of licensing procedure of educational activity of sport schools according to the Order of Government of the Russian federation dated March 31, 2009, No.277 and planning improvement of control and supervisory functions in a field of education are considered in the art8icle. The author investigates fundamental documents, which are necessary for attestation of a sport school as an educational institution of extended education, and determines special features of documents preparation in accordance with the existing legislation in Russia.
Ключевые слова / Keywords:
sport school, legal regulation, licensing of educational activity, documents, responsibility.
ZHURAVLEV S.I. Zhuravlev S.I. – Associate Professor of the Institute for Continuous Education of MGYUA, PhD in Law, Associate Professor
Legal Aspects of Staff Policy in the Process of Specialists Training for Federal State Authorities
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Аннотация / Annotation:
This scientific article covers several aspects of legal regulation of specialists training for federal state authorities (including federal organs of executive power, where military service provided by the law). The author approves a proposal of a new system of staff support for federal state authorities and the following elements of this structure are explained: staff policy, staff functioning, staff technologies in the process of training specialists in military educational institutions of professional education.
Ключевые слова / Keywords:
state service, military service, specialists training for military service.
MODERN EDUCATIONАннотация / Annotation:
This scientific article covers several aspects of legal regulation of specialists training for federal state authorities (including federal organs of executive power, where military service provided by the law). The author approves a proposal of a new system of staff support for federal state authorities and the following elements of this structure are explained: staff policy, staff functioning, staff technologies in the process of training specialists in military educational institutions of professional education.
Ключевые слова / Keywords:
state service, military service, specialists training for military service.
ANISIMOV A.P. Anisimov A.P. – Leading Researcher of the Sector of Modern Law of the SRI of Common and Human Sciences of Volgograd Academy for the State Service, Doctor of Law
Town Planning Law as an Educational Discipline
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Аннотация / Annotation:
The article covers necessity of increasing a number of basic educational disciplines, which included in a curriculum for students-jurists. Such necessity is caused by formation of town-planning law as a branch of Russian law and legislation, strengthening of regulating influence of legal norms on relations in a field of real estate usage.
Ключевые слова / Keywords:
town-planning law, real estate, territorial planning, town-planning zoning, remuneration of damage.
Аннотация / Annotation:
The article covers necessity of increasing a number of basic educational disciplines, which included in a curriculum for students-jurists. Such necessity is caused by formation of town-planning law as a branch of Russian law and legislation, strengthening of regulating influence of legal norms on relations in a field of real estate usage.
Ключевые слова / Keywords:
town-planning law, real estate, territorial planning, town-planning zoning, remuneration of damage.
ASTAFIEV N.V. Astafiev N.V. – Director for scientific Training Combat Complex of Omsk Academy of the Ministry of Internal Affairs of Russia, Doctor of Pedagogy, Professor
Higher Professional Education and Postgraduate Eduaction for Officers Providing Combat Training in Organs of Internal Affairs
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Аннотация / Annotation:
The article covers various methods of organization of specialists’ combat training in higher and postgraduate education in educational institutions of the Ministry of Internal Affairs. Various methods of organization of higher professional education for officers are proposed, and the most effective ways is to teach two specialties simultaneously. Accordance of various specialities of higher profesional eduaction to positions of officers is economiccaly reasoned for combat training. It is recommended to provide accordance of specialities of higher professional eduaction, and scientific and pedagogic specialitis within military higher eduactional institutions in order to provide high quality of training of teaching staff for higher eduactional isntitutions of the Ministry of Internal Affairs of Russia.
Ключевые слова / Keywords:
organs of internal affairs, combat training, staff training, higher professional education, postgraduate education.
Аннотация / Annotation:
The article covers various methods of organization of specialists’ combat training in higher and postgraduate education in educational institutions of the Ministry of Internal Affairs. Various methods of organization of higher professional education for officers are proposed, and the most effective ways is to teach two specialties simultaneously. Accordance of various specialities of higher profesional eduaction to positions of officers is economiccaly reasoned for combat training. It is recommended to provide accordance of specialities of higher professional eduaction, and scientific and pedagogic specialitis within military higher eduactional institutions in order to provide high quality of training of teaching staff for higher eduactional isntitutions of the Ministry of Internal Affairs of Russia.
Ключевые слова / Keywords:
organs of internal affairs, combat training, staff training, higher professional education, postgraduate education.
TEPLYASHIN I.V. Teplyashin I.V. – Associate Professor of the Department of Theory and History of State and Law o Juridical Institute of Krasnoyarsk State Agrarian University, PhD in Law
Quality of Higher Juridical Education in Modern Russia: Actual Issues
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Аннотация / Annotation:
The article covers problems of development of Russian higher juridical education. Basic functions of the mechanism of improvement of higher juridical education in modern Russia are determined. The author states necessity of formation of educational policy, which takes into account all interests and needs of Russian society and a personality inside.
Ключевые слова / Keywords:
Russian education, higher juridical education, legal education, scientific society, Russian society, legal culture, jurisprudence, Russian student.
DISCUSSING THE PROBLEMАннотация / Annotation:
The article covers problems of development of Russian higher juridical education. Basic functions of the mechanism of improvement of higher juridical education in modern Russia are determined. The author states necessity of formation of educational policy, which takes into account all interests and needs of Russian society and a personality inside.
Ключевые слова / Keywords:
Russian education, higher juridical education, legal education, scientific society, Russian society, legal culture, jurisprudence, Russian student.
MIRONOV O.O. Mironov O.O. – Professor of the Department of State and Legal Disciplines of MUH, Doctor of Law
Criteria of Effectiveness of Activity of Ombudsmen (Human Right Activists)
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Аннотация / Annotation:
Effectiveness of ombudsmen’s (human right activists’) activity, including activity of Ombudsman for Human Rights in the Russian Federation is considered in the article. It is possible to determine results of his activity through setting criteria, which will used for implementation of various ombudsmen’s functions. Generalized parameter of activity of Ombudsman for Human Rights in the Russian Federation is its usefulness for people, protection of their rights, fighting against violation of their rights and freedoms.
Ключевые слова / Keywords:
ombudsman, human right activist, ombudsman for human rights, ombudsman for children rights, effectiveness, criteria of effectiveness.
Аннотация / Annotation:
Effectiveness of ombudsmen’s (human right activists’) activity, including activity of Ombudsman for Human Rights in the Russian Federation is considered in the article. It is possible to determine results of his activity through setting criteria, which will used for implementation of various ombudsmen’s functions. Generalized parameter of activity of Ombudsman for Human Rights in the Russian Federation is its usefulness for people, protection of their rights, fighting against violation of their rights and freedoms.
Ключевые слова / Keywords:
ombudsman, human right activist, ombudsman for human rights, ombudsman for children rights, effectiveness, criteria of effectiveness.
TKACHEV V.N. Tkachev V.N. – Professor of the Department of Civil Law and Procedure of the Modern University for the Humanities, Doctor of Law, Professor
Special Features of Modern System of Subjects of Competitive Law and a Place of Special Categories of Debtors
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Аннотация / Annotation:
Special features of modern Russian system of subjects of competitive law including fundamentals of legal status and legal regulation of economic activity of enterprises having a special legal status in the process of bankruptcy such as town-planning, agricultural, credit, insurance, securities, and strategic enterprises and organizations, natural monopolies, citizens (not only having the status of sole trader but also without this one) and debtors to be dissolved.
Ключевые слова / Keywords:
bankruptcy, competitive law, special categories of debtors.
Аннотация / Annotation:
Special features of modern Russian system of subjects of competitive law including fundamentals of legal status and legal regulation of economic activity of enterprises having a special legal status in the process of bankruptcy such as town-planning, agricultural, credit, insurance, securities, and strategic enterprises and organizations, natural monopolies, citizens (not only having the status of sole trader but also without this one) and debtors to be dissolved.
Ключевые слова / Keywords:
bankruptcy, competitive law, special categories of debtors.
BERZIN V.A. Berzin V.A. – Doctor Degree Student of the Department of Constitutional and Municipal Law of the Russian University for Peoples Friendship, PhD in Law
Constitutional, Legal, and Administrative Characteristics of State Policy and State Administration in Wine Making
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Аннотация / Annotation:
The article covers system investigation of special features, structure, functions and problems of state policy and state administration in wine-making industry.
Ключевые слова / Keywords:
wine-making industry, field of wine making, production and circulation of wine products, wine, state policy, state administration
Аннотация / Annotation:
The article covers system investigation of special features, structure, functions and problems of state policy and state administration in wine-making industry.
Ключевые слова / Keywords:
wine-making industry, field of wine making, production and circulation of wine products, wine, state policy, state administration
LANTSEVICH YU.M. Lantsevich Yu.M. – Senior Scientist of the Academy of Management of the Ministry of Internal Affairs of Russia
Actual Issues of Anti-Corruption Expertise f Legal Regulatory Acts and Their Drafts
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Аннотация / Annotation:
The article covers the problem of conduction of anti-corruption expertise of legal regulatory acts and their drafts. Investigating anti-corruption measures the author analyzes ideas of introduction of the practice of anti-corruption expertise of legal regulatory acts and their drafts. Great attention is paid to investigation of preventive measures, and regulation of anti-corruption expertise procedure.
Ключевые слова / Keywords:
corruption, anti-corruption expertise, legal regulatory acts.
Аннотация / Annotation:
The article covers the problem of conduction of anti-corruption expertise of legal regulatory acts and their drafts. Investigating anti-corruption measures the author analyzes ideas of introduction of the practice of anti-corruption expertise of legal regulatory acts and their drafts. Great attention is paid to investigation of preventive measures, and regulation of anti-corruption expertise procedure.
Ключевые слова / Keywords:
corruption, anti-corruption expertise, legal regulatory acts.
SOLOVIEV A.A. Soloviev A.A. – Federal Judge of the Arbitration Court of Moscow Region, PhD in Law
Foreign Experience of Legal Regulation of Security Support for Sport Events
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Аннотация / Annotation:
The article covers special features of legal regulation of security support for sport events and fighting against violence in sport in foreign countries (France and Brazilian experience).
Ключевые слова / Keywords:
violence in sport, sport fans, security of sport events, sport law, foreign law.
PAGES OF HISTORYАннотация / Annotation:
The article covers special features of legal regulation of security support for sport events and fighting against violence in sport in foreign countries (France and Brazilian experience).
Ключевые слова / Keywords:
violence in sport, sport fans, security of sport events, sport law, foreign law.
LONSHAKOVA V.V. Lonshakova V.V. – Senior Teacher of the Department of Foreign Languages of Zabaikalskiy State Human Pedagogic University in the name of N.G. Chernyshevskiy
Implementation of Multi-Cultural Approach on the Primary School in France in the second half of 20th century
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Аннотация / Annotation:
The article covers implementation of multi-cultural approach to education in the primary school in France in the second half of the 20th century. The Program ELCO and specialized classes for immigrants’ children are considered. Changes made in curricula in accordance with principles of multicultural education are described in the article.
Ключевые слова / Keywords:
education, multicultural approach, France, primary school, immigrants.
Аннотация / Annotation:
The article covers implementation of multi-cultural approach to education in the primary school in France in the second half of the 20th century. The Program ELCO and specialized classes for immigrants’ children are considered. Changes made in curricula in accordance with principles of multicultural education are described in the article.
Ключевые слова / Keywords:
education, multicultural approach, France, primary school, immigrants.
KONDRATIEV A.N. Kondratiev A.N. – Adjunct of the Department of Social and Cultural Activity of the Military University of the Ministry of Defense
Legal Fundamentals of Etiquette of the Russian Army in 18th-the beginning of 20th centuries
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Аннотация / Annotation:
The article covers legal fundamentals of etiquette of the Russian Army in 18th-the beginning of 20th centuries. Using methods of historiographic and legal research the author conducts analysis of etiquette evolution starting from regular army of Peter the Great to Nikolai II abdication; characteristics of various historic periods are given. Great attention is paid to etiquette norms fixation in the By-Laws of the Russian Army and other juridical documents of 18th-20th centuries.
Ключевые слова / Keywords:
etiquette, legal norms, the Russian army, Russian officer.
SCEINTIFIC DEBUTАннотация / Annotation:
The article covers legal fundamentals of etiquette of the Russian Army in 18th-the beginning of 20th centuries. Using methods of historiographic and legal research the author conducts analysis of etiquette evolution starting from regular army of Peter the Great to Nikolai II abdication; characteristics of various historic periods are given. Great attention is paid to etiquette norms fixation in the By-Laws of the Russian Army and other juridical documents of 18th-20th centuries.
Ключевые слова / Keywords:
etiquette, legal norms, the Russian army, Russian officer.
CHERKAEVA M.A. Cherkaeva M.A. – Jurist-Consult of the Federal State Unitary Enterprise ‘Magadan Scientific Research Institute for Fishery and Oceanography’
Competition as a Mean of Civil and Legal Regulation of Aquatic of Bioresources Usage
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Аннотация / Annotation:
Civil and legal analysis of competition as a basis for concluding a contract for granting a fishery plot is conducted in the article. One of key concepts of a competition a subject is analyzed in the article. Absence of unified concept basis is followed by ambiguous understanding of key terms and absence of interaction between specialists. The author set the problem of competitiveness in a competition for a right to conclude a contract for granting a fishery plot, where absence of competitiveness can lead to annulations of the results of this competition.
Ключевые слова / Keywords:
competition, contract for granting a fishery plot, competitiveness.
Аннотация / Annotation:
Civil and legal analysis of competition as a basis for concluding a contract for granting a fishery plot is conducted in the article. One of key concepts of a competition a subject is analyzed in the article. Absence of unified concept basis is followed by ambiguous understanding of key terms and absence of interaction between specialists. The author set the problem of competitiveness in a competition for a right to conclude a contract for granting a fishery plot, where absence of competitiveness can lead to annulations of the results of this competition.
Ключевые слова / Keywords:
competition, contract for granting a fishery plot, competitiveness.
BASYROV L.A. Basyrov L.A. – Assistant of the Department of Transportation Law of Moscow State Transportation University
Transportation Security System in Russia is in Danger to Lose a Key Link
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Аннотация / Annotation:
The article covers issues of development and reformation of the modern transportation security system in the Russian Federation. Analysis of the latest organizational and structural transformations related to coming abrogation of the Department of Legal Order Support on Transportation of the Ministry of Internal Affairs of Russia and reassignment of organs of internal affairs on transportation, supporting security on railways, civil aviation, and sea and river ports for territorial organs of internal affairs.
Ключевые слова / Keywords:
transport safety, organs of internal affairs on transportation, transportation security system.
Аннотация / Annotation:
The article covers issues of development and reformation of the modern transportation security system in the Russian Federation. Analysis of the latest organizational and structural transformations related to coming abrogation of the Department of Legal Order Support on Transportation of the Ministry of Internal Affairs of Russia and reassignment of organs of internal affairs on transportation, supporting security on railways, civil aviation, and sea and river ports for territorial organs of internal affairs.
Ключевые слова / Keywords:
transport safety, organs of internal affairs on transportation, transportation security system.