Право и образование
№ 04 • 2011
EDUCATIONAL LAW
REPRINTSEV D.D. Reprintsev D.D. – Professor of the Department of Life Safety and Legal Relations of Voronezh State Forestry Academy, PhD in Technical Sciences, Associate Professor
MATVEEV N.N. Matveev N.N. – Senior Vice-Rector of VGLTA, Doctor for Physics and Mathematics, Professor
An Order of Filling the Vacancy of a University Rector
Страницы / Pages: 4-11
Аннотация / Annotation:
Specifics of arising of labor relations of a university rector are analyzed in the article. Sequence of procedures of preparation and conducting rector elections, including in particular order of naming a rector and conclusion a labor contract with a new rector, is given.
Ключевые слова / Keywords:
applicant for a position of a rector, rector’s elections, a scientific council, elections’ commission, conferening of rector’s elections.
Аннотация / Annotation:
Specifics of arising of labor relations of a university rector are analyzed in the article. Sequence of procedures of preparation and conducting rector elections, including in particular order of naming a rector and conclusion a labor contract with a new rector, is given.
Ключевые слова / Keywords:
applicant for a position of a rector, rector’s elections, a scientific council, elections’ commission, conferening of rector’s elections.
MATYUSHEVA T.N. Matyusheva T.N. – Associate Professor of the Department of State and Legal Disciplines of Northern Caucasian Branch of GOU VPO ‘Russian Academy of Justice’. PhD in Law
Problems of Protection of a Constitutional Right for Education (within the Context of the President’s Letter to the Federal Assembly)
Страницы / Pages: 12-20
Аннотация / Annotation:
An issue of protection of a constitutional right for education within the context of the President’s Letter to the Federal Assembly influenced on increasing of a level of juridical protection of children including orphaned children, disabled children and children having deviant behavior as subject of a rigth for education, is considered in the article.
Ключевые слова / Keywords:
The President’s Letter, a right for education, constitutionalization, orpahned children, disabled children.
Аннотация / Annotation:
An issue of protection of a constitutional right for education within the context of the President’s Letter to the Federal Assembly influenced on increasing of a level of juridical protection of children including orphaned children, disabled children and children having deviant behavior as subject of a rigth for education, is considered in the article.
Ключевые слова / Keywords:
The President’s Letter, a right for education, constitutionalization, orpahned children, disabled children.
MOROZOVA S.A. Morozova S.A. – Professor of the Department of Theory of Law and Civil and Legal Education of the Faculty of Law RPGU in the name of A.I. Gerzen, PhD in Pedagogy
The Unified State Examination as a New Institute of Educational Law
Страницы / Pages: 21-25
Аннотация / Annotation:
The article covers a problem of development of a new institute of educational law, a special complex of legal regulation for the unified state examination.
Ключевые слова / Keywords:
a legal institute, the unified state examination, a form of conducting of the examination, legal institute of educational law.
Аннотация / Annotation:
The article covers a problem of development of a new institute of educational law, a special complex of legal regulation for the unified state examination.
Ключевые слова / Keywords:
a legal institute, the unified state examination, a form of conducting of the examination, legal institute of educational law.
BATURINA A.S. Baturina A.S. – Teacher of the Department of State Legal Disciplines SKF GOU VPO RAP, Applicant of GOU VPO ‘Russian Academy of Justice’
Children Having Deviant Behavior as Subjects of a Right for Education with a Special Legal Status
Страницы / Pages: 26-34
Аннотация / Annotation:
A status of a child having deviant behavior as a subject of a right for education is analyzed in the article. The author proves that children with deviant behavior have their special charecteristics in their using a right for education, which enable to fix for them a special status.
Ключевые слова / Keywords:
a special legal status, subjects of a right for education, children having deviant behavior.
Аннотация / Annotation:
A status of a child having deviant behavior as a subject of a right for education is analyzed in the article. The author proves that children with deviant behavior have their special charecteristics in their using a right for education, which enable to fix for them a special status.
Ключевые слова / Keywords:
a special legal status, subjects of a right for education, children having deviant behavior.
ISAEVA N.V. Isaeva N.V. – Associate Professor of the Department of Constitutional, Administrative, and Financial Law, Ivanovo State University, PhD in History, Associate Professor
Problems of Legal Education in a Discourse of Legal Identity (Discussing New Educatoional Standards)
Страницы / Pages: 35-42
Аннотация / Annotation:
A problem of legal education of teenagers in a discussion of legal identity, which enables to set a law as an independent object of identification and fixes it for mastering in early phases of development of a personality provided with inclusion into federal state educational standards of primary general education of a legal component, is considered in the article.
Ключевые слова / Keywords:
legal education, legal identity, identification, federal state educational standard.
EDUCATION ABROADАннотация / Annotation:
A problem of legal education of teenagers in a discussion of legal identity, which enables to set a law as an independent object of identification and fixes it for mastering in early phases of development of a personality provided with inclusion into federal state educational standards of primary general education of a legal component, is considered in the article.
Ключевые слова / Keywords:
legal education, legal identity, identification, federal state educational standard.
SOLOVIEV A.A. Soloviev A.A. – PhD in Law, Federal Judge of the Arbitration Court of Moscow Region, Member of the Commission of Sport Law of the Association of Lawyers of Russia
PONKIN I.V. Ponkin I.V. – Doctor of Law, Professor of the Department of State Administration, Legal Support of State and Municipal Service of the Russian Academy of State Service under the President of the Russian Federation
Teaching of a Sport Law in Europe
Страницы / Pages: 43-51
Аннотация / Annotation:
The article covers organization and specifics of teaching of sport law in the International Center for Sport Education in Neuchatel (Switzerland) in interaction with Neuchatel University. A review of implemented forms and directions of education, contents and effectiveness of educational programs is given.
Ключевые слова / Keywords:
sport, sport law, university, teaching of sport law.
Аннотация / Annotation:
The article covers organization and specifics of teaching of sport law in the International Center for Sport Education in Neuchatel (Switzerland) in interaction with Neuchatel University. A review of implemented forms and directions of education, contents and effectiveness of educational programs is given.
Ключевые слова / Keywords:
sport, sport law, university, teaching of sport law.
NIKOLAEV B.V. Nikolaev B.V. – Associate Professor of the Department of Theory of Law and Legal Disciplines PGPU, PhD in History
Congress and Legal Regulation of Higher Education in the USA
Страницы / Pages: 52-58
Аннотация / Annotation:
Constitutional and legal status of US Congress, its set, organizational structure, authorities of the parliament in the sphere of higher education is considered; great attention is paid to specialized committies of House of Representatives and Senate of US Congress.
Ключевые слова / Keywords:
US Congress, Higher Education in the USA, parliamentary committees.
DISCUSSING A PROBLEM Аннотация / Annotation:
Constitutional and legal status of US Congress, its set, organizational structure, authorities of the parliament in the sphere of higher education is considered; great attention is paid to specialized committies of House of Representatives and Senate of US Congress.
Ключевые слова / Keywords:
US Congress, Higher Education in the USA, parliamentary committees.
TARASOVA M.A. Tarasova M.A. – PhD in Law
Interaction of State Powers in a Mechanism of Modern Rssian State as a Factor of National Security Support
Страницы / Pages: 59-67
Аннотация / Annotation:
The article covers a problem of interaction of state powers in a mechanism of modern Russian state in national security providing. Specifics of a mechanism of the Russian state are shown. Authorities of the President of the Russian Federation, the Federal Assembly, Government and other state powers in a field of national security through their interaction are described.
Ключевые слова / Keywords:
a mechanism of the state, national security, separation of powers, interaction of state powers.
Аннотация / Annotation:
The article covers a problem of interaction of state powers in a mechanism of modern Russian state in national security providing. Specifics of a mechanism of the Russian state are shown. Authorities of the President of the Russian Federation, the Federal Assembly, Government and other state powers in a field of national security through their interaction are described.
Ключевые слова / Keywords:
a mechanism of the state, national security, separation of powers, interaction of state powers.
GONCHAROVA S.G. Goncharova S.G. – Associate Professor of the State Professional and Pedagogic University, PhD in Law
A concept and contents of a constitutional law for legal protection in Russian legal system
Страницы / Pages: 68-77
Аннотация / Annotation:
A ‘model’ of constitutional right for legal protection within the context of a national legal system taking account legislative and theoretical statements related to its state and legal activity is developed in the article.
Ключевые слова / Keywords:
a legal protection, juridical mechanisms of protection, constitutional human rights.
Аннотация / Annotation:
A ‘model’ of constitutional right for legal protection within the context of a national legal system taking account legislative and theoretical statements related to its state and legal activity is developed in the article.
Ключевые слова / Keywords:
a legal protection, juridical mechanisms of protection, constitutional human rights.
MOSKALENKO T.O. Moskalenko T.O. – Director of the Federal State Educational Institution SPO ‘Tuchkovskiy Transportation College’
International legal standards in a field of rights and freedoms of a human and citizen
Страницы / Pages: 78-87
Аннотация / Annotation:
It is stated in the article, that comparative analysis of standards for human rights and freedoms fixed in international legal documents and a national legislation shows that Russia demonstrates respective relation to international obligations in a field of human rights.
Ключевые слова / Keywords:
rights and freedom of a human and citizen, international legal standards, a personality, a state.
Аннотация / Annotation:
It is stated in the article, that comparative analysis of standards for human rights and freedoms fixed in international legal documents and a national legislation shows that Russia demonstrates respective relation to international obligations in a field of human rights.
Ключевые слова / Keywords:
rights and freedom of a human and citizen, international legal standards, a personality, a state.
LEONTIEVA G.A. Leontieva G.A. – Director of Kashirskiy Customs Office of Moscow District Customs
Regulation of fulfillment of obligation on a foreign trade agreement
Страницы / Pages: 88-94
Аннотация / Annotation:
The article covers a problem of existing differences in issues of regulation of obligations of foreign trade agreements in Russian and international law. Considering sources of civil and legal regulation we can find general and differential charecteristics. Great attenion is paid to analysis of Statements of the Civil Code of the Russian Federation, Vienna Declaration and Principles of UNIDROIT, which regulate fulfillment of parties’ obligation on a foreign trade agreement.
Ключевые слова / Keywords:
a foreign trade agreement, foreign trade activity, Vienna Declaration, International Rules for the Interpretation of Trade Terms, Incoterms.
Аннотация / Annotation:
The article covers a problem of existing differences in issues of regulation of obligations of foreign trade agreements in Russian and international law. Considering sources of civil and legal regulation we can find general and differential charecteristics. Great attenion is paid to analysis of Statements of the Civil Code of the Russian Federation, Vienna Declaration and Principles of UNIDROIT, which regulate fulfillment of parties’ obligation on a foreign trade agreement.
Ключевые слова / Keywords:
a foreign trade agreement, foreign trade activity, Vienna Declaration, International Rules for the Interpretation of Trade Terms, Incoterms.
CHERKAEVA M.A. Cherkaeva M.A. – Juristconsult of the Federal State Unitary Enterprise ‘Magadan Scientific and Research Institute of Fishing and Oceanography’
Civil Transferability of Water Biological Resources
Страницы / Pages: 95-99
Аннотация / Annotation:
Analysis of ability to involve water biological resources into a civil circulation is conducted. The author proposes classification of water biological resources depending on their transferability: non-transferable or naturally free resources and transferable resources, being in semi-free or artifically created environment. This classification enables to determine various specifics of a legal regime of two specified groups, setting for transactions of a change of an owner of water biological resources.
Ключевые слова / Keywords:
water biological resources, civil trasferability.
Аннотация / Annotation:
Analysis of ability to involve water biological resources into a civil circulation is conducted. The author proposes classification of water biological resources depending on their transferability: non-transferable or naturally free resources and transferable resources, being in semi-free or artifically created environment. This classification enables to determine various specifics of a legal regime of two specified groups, setting for transactions of a change of an owner of water biological resources.
Ключевые слова / Keywords:
water biological resources, civil trasferability.
MOROZOV N.V. Morozov N.V. – Senior Teacher of the Department for Civil and Legal Disciplines of Moscow Branch of Leningrad State University in the name of A.S. Pushkin
Mediation: Problems of Legal Regulation in the Russian Federation
Страницы / Pages: 100-106
Аннотация / Annotation:
The article covers investigation of the institute of mediation as a method of protection of civil rights in the Russian Federation including positive and problem aspects of this institute. An attempt to analyze basic directions of development and application of mediation is made, and some measures for improving this system are proposed.
Ключевые слова / Keywords:
mediation, civil rights protection, alternative methods of civil rights protection, legal disputes and conflicts resolution.
PAGES OF HISTORY Аннотация / Annotation:
The article covers investigation of the institute of mediation as a method of protection of civil rights in the Russian Federation including positive and problem aspects of this institute. An attempt to analyze basic directions of development and application of mediation is made, and some measures for improving this system are proposed.
Ключевые слова / Keywords:
mediation, civil rights protection, alternative methods of civil rights protection, legal disputes and conflicts resolution.
DUBROVINA S.YU. Dubrovina S.Yu. – Associate Professor of the Department of Human and Natural Scientific Disciplines of Balashov Branch of Povolzhskaya Academy of the State Service under the President of the Russian Federation, PhD in Law
Development and Evolution of Organizational and Legal Forms of Management of Education in Russia
Страницы / Pages: 107-116
Аннотация / Annotation:
Historic essay of evolution of organizational and legal forms of management of education in Russia is proposed in the article. Educational legislation and a role of the state in development and management of the system of education in Russia is analyzed.
Ключевые слова / Keywords:
a system of education, power authorities for management of education, a system for management of education.
Аннотация / Annotation:
Historic essay of evolution of organizational and legal forms of management of education in Russia is proposed in the article. Educational legislation and a role of the state in development and management of the system of education in Russia is analyzed.
Ключевые слова / Keywords:
a system of education, power authorities for management of education, a system for management of education.
BESPALOV V.V. Bespalov V.V. – Professor of the Department of Theory and History of State and Law of the Modern University for the Humanities, PhD in History, Professor
Legal Problems of Evolution of State and Military Administration in Russia during March-February 1917 – October 1917)
Страницы / Pages: 117-125
Аннотация / Annotation:
The author shows a role of allies in destruction of the Russian Empire during the February bourgeois-democratic revolution and comments events before the October revolution.
Ключевые слова / Keywords:
the Triple Entente, the February revolution, dinarchy, the Provisional Government, Petrograd Soviet of Workers and Soldiers’ Delegates, the Order No.1.
Аннотация / Annotation:
The author shows a role of allies in destruction of the Russian Empire during the February bourgeois-democratic revolution and comments events before the October revolution.
Ключевые слова / Keywords:
the Triple Entente, the February revolution, dinarchy, the Provisional Government, Petrograd Soviet of Workers and Soldiers’ Delegates, the Order No.1.
DOLGOVA E.A. Dolgova E.A. – Assistant of the Department of Personnel Management of Russian Extramural Institute of Textile and Light Industry
Sources of legal nihilism in Russia
Страницы / Pages: 126-132
Аннотация / Annotation:
Various approaches of Russian scientists and public figures to understanding a problem of arising and sources of legal nihilism in Rissia are considered in the article. The author proposes to consider legal nihilism as a phenomenon, which is originated from Russian state building and traditions.
Ключевые слова / Keywords:
legal nihilism, ‘genetic’ legal nihilism, sources of legal nihilism, deformatism of legal consciousness, national psychology, legal culture.
Аннотация / Annotation:
Various approaches of Russian scientists and public figures to understanding a problem of arising and sources of legal nihilism in Rissia are considered in the article. The author proposes to consider legal nihilism as a phenomenon, which is originated from Russian state building and traditions.
Ключевые слова / Keywords:
legal nihilism, ‘genetic’ legal nihilism, sources of legal nihilism, deformatism of legal consciousness, national psychology, legal culture.
KIRILLOV P.YU. Kirillov P.Yu. – Postgraduate Student of Moscow New Juridical Institute
Development of a mechanism of legal regulation of movement of population in the USSR in 20-30ies of 20th century
Страницы / Pages: 133-136
Аннотация / Annotation:
Deveopment of mechanisms of control over movement of population in 20-30ies of 20th century is represented in the article. As a first step in development of a passport system were labor book implemented by decrees “Labor Books for Non-Workers’ and ‘Implementation of Labor Books in Moscow and Petrograd’.
Ключевые слова / Keywords:
labor books, a passport system, a passport, a mechanism of passport regulation, Soviet model of administrative regulation of movement of population.
SCIENTIFIC DEBUTАннотация / Annotation:
Deveopment of mechanisms of control over movement of population in 20-30ies of 20th century is represented in the article. As a first step in development of a passport system were labor book implemented by decrees “Labor Books for Non-Workers’ and ‘Implementation of Labor Books in Moscow and Petrograd’.
Ключевые слова / Keywords:
labor books, a passport system, a passport, a mechanism of passport regulation, Soviet model of administrative regulation of movement of population.
ISAEV A.V. Isaev A.V. – Applicant for PhD in History of the Department of History of Russia, Moscow Border Institute of the Federal Security Service of Russia
Organization of Training of Officers for the Forces of People’s Commisariat for Internal Affairs, the Ministry of Internal Affairs, the Ministry for State Security in the USSR in post-war Period (1945-1953)
Страницы / Pages: 137-142
Аннотация / Annotation:
The article covers a problem of training of officers for the forcers of PCIA, MIA, and MSS in the USSR in 1945-1953. Using archive documents, important forms of officers training in military educational institutions are considered. Great attention is paid to issues training and retraining of generals and senior officers. Measures of the Administration of the Ministry of Internal Affairsof the USSR for increasing a level of education of a line of officers in forces are analyzed.
Ключевые слова / Keywords:
officers, forces of People’s Commisariat for Internal Affairs, the Ministry of Internal Affairs, the Ministry for State Security, officers’ training.
Аннотация / Annotation:
The article covers a problem of training of officers for the forcers of PCIA, MIA, and MSS in the USSR in 1945-1953. Using archive documents, important forms of officers training in military educational institutions are considered. Great attention is paid to issues training and retraining of generals and senior officers. Measures of the Administration of the Ministry of Internal Affairsof the USSR for increasing a level of education of a line of officers in forces are analyzed.
Ключевые слова / Keywords:
officers, forces of People’s Commisariat for Internal Affairs, the Ministry of Internal Affairs, the Ministry for State Security, officers’ training.
ARKHIPOVA N.O. Arkhipova N.O. – Assistant of the Department for Informatization of Legal Protection of Tambov State Technical University
Juvenile Justice as a System of Prevention of Crimes Committed by Minor
Страницы / Pages: 143-147
Аннотация / Annotation:
The article covers advantages of development of a system of juvenile justice in the Russian Federation.
Ключевые слова / Keywords:
juvenile justice, fundamentals of the system of juvnile justice, principles of building and functioning of the system of juvenile justice, a juvenile court.
Аннотация / Annotation:
The article covers advantages of development of a system of juvenile justice in the Russian Federation.
Ключевые слова / Keywords:
juvenile justice, fundamentals of the system of juvnile justice, principles of building and functioning of the system of juvenile justice, a juvenile court.
KASICH O.I. Kasich O.I. – Lawyer, Member of Moscow Urban College of Lawyers
A Concept of Development of Russian Civil Society as Possiblility of Getting Stability and Future
Страницы / Pages: 148-152
Аннотация / Annotation:
An ability to develop and implement ‘A Concept of Development of Russian Civil Society’ is represented in the article. Concept’s structure, targets, and tasks are proposed. Its contents are described in brief.
Ключевые слова / Keywords:
a concept of development of Russian civil society; legal, economic and social components, citizens’ responsibility, state and non-state organizations, a civil initiative.
Аннотация / Annotation:
An ability to develop and implement ‘A Concept of Development of Russian Civil Society’ is represented in the article. Concept’s structure, targets, and tasks are proposed. Its contents are described in brief.
Ключевые слова / Keywords:
a concept of development of Russian civil society; legal, economic and social components, citizens’ responsibility, state and non-state organizations, a civil initiative.
AFEROV A.M. Aferov A.M. – Postgraduate Student of the Department of Civil Law of the Modern University for the Humanities
Some Problems of Legal Status of Stockholders
Страницы / Pages: 153-159
Аннотация / Annotation:
Existing civil legislation doesn’t have legally fixed system definition for a term ‘stockholder’. Criteria of definition of a legislative concept of a term ‘stockholder’ proposed by the author, are considered in the article; negative results of application of the existing legislation are shown. An attempt to differentiate a legal status of a stockholder is made.
Ключевые слова / Keywords:
a stockholder, a legal status of a stockholder of a joint-stock company, differentiation of a legal status of a stockholder.
Аннотация / Annotation:
Existing civil legislation doesn’t have legally fixed system definition for a term ‘stockholder’. Criteria of definition of a legislative concept of a term ‘stockholder’ proposed by the author, are considered in the article; negative results of application of the existing legislation are shown. An attempt to differentiate a legal status of a stockholder is made.
Ключевые слова / Keywords:
a stockholder, a legal status of a stockholder of a joint-stock company, differentiation of a legal status of a stockholder.
SEMENOVYKH S.M. Semenovykh S.M. – Applicant for the Department of Theory and History of State and Law NOU VPO ‘International Juridical Institute’
Prerequsites of Creation of a System of Social Insurance of Workers in the Russian Empire in the Beginning of 20th century
Страницы / Pages: 160-165
Аннотация / Annotation:
The article covers prerequisites of creation of a system of social insurance of workers in the Russian Empire in the beginning of 20th century. Arising a system of social insurance became a first step to setting partnership between labor and capital based on fundamentals of Orthodox ethics.
Ключевые слова / Keywords:
a system of social insurance in the Russian Empire, plant workers, medical assistance, modernization of legislative mechanism in the beginning of the 20th century, a package of laws of social insurance.
Аннотация / Annotation:
The article covers prerequisites of creation of a system of social insurance of workers in the Russian Empire in the beginning of 20th century. Arising a system of social insurance became a first step to setting partnership between labor and capital based on fundamentals of Orthodox ethics.
Ключевые слова / Keywords:
a system of social insurance in the Russian Empire, plant workers, medical assistance, modernization of legislative mechanism in the beginning of the 20th century, a package of laws of social insurance.
KALININ S.YU. Kalinin S.Yu. – Postgraduate Student of the Department of Civil Law of the Modern University for the Humanities
Actuality of some aspects of a legal regime of real estate
Страницы / Pages: 166-172
Аннотация / Annotation:
A scientific author’s message concerning the results of the conducted dissertation research covering development of consideration of a concept of a legal regime of real estate, which is based on the position of determination of charecteristics of this object, a mechanism of its regulation and contents, is given in the article.
Ключевые слова / Keywords:
real estate, legal regime of real estate, charecteristics of real estate, a mechanism of legal regulation, contents of this mechanism, state registration.
Аннотация / Annotation:
A scientific author’s message concerning the results of the conducted dissertation research covering development of consideration of a concept of a legal regime of real estate, which is based on the position of determination of charecteristics of this object, a mechanism of its regulation and contents, is given in the article.
Ключевые слова / Keywords:
real estate, legal regime of real estate, charecteristics of real estate, a mechanism of legal regulation, contents of this mechanism, state registration.
BUSHUEVA O.V. Bushueva O.V. – Assistant of the Judge of Bryansk Regional Court
Healing measures in proceedings of a justice of peace
Страницы / Pages: 173-178
Аннотация / Annotation:
The author considers some issues related to healing measures for criminal cases, which are subjects for the jurisdiction of a justice of peace. Great attention is paid to implementation and development of alternative methods of resolution of disputes by mediators in the Russian Federation. An interesting challenge, by author’s opinion, is creation of legal fundamentals for extrajuridical, pre-trial and juridical conflicts resolution by a mediator using healing measures in a field of criminal law.
Ключевые слова / Keywords:
justice of peace, mediation by the parties, mediation, a mediator, healing measures.
Аннотация / Annotation:
The author considers some issues related to healing measures for criminal cases, which are subjects for the jurisdiction of a justice of peace. Great attention is paid to implementation and development of alternative methods of resolution of disputes by mediators in the Russian Federation. An interesting challenge, by author’s opinion, is creation of legal fundamentals for extrajuridical, pre-trial and juridical conflicts resolution by a mediator using healing measures in a field of criminal law.
Ключевые слова / Keywords:
justice of peace, mediation by the parties, mediation, a mediator, healing measures.