Право и образование
№ 04 • 2013
ISSUES OF A THEORY
DAVYDOVA M.L. Davydova M.L. – Doctor of Law, Associate Professor
Juridical Construction as a Mean of Formation of Professional Thinking of a Student-Jurist
Страницы / Pages: 4-16
Аннотация / Annotation:
The article covers a juridical construction as an important mean of professional legal thinking and one of necesaary instruments of juridical education providing development of such thinking of students. The author analyzes approaches to a concept and nature of a juridical construction existing in a science investigating them from the point of view of their epistemic and didactic value.
Ключевые слова / Keywords:
a juridical construction, professional thinking of a jurist, juridical techniques, juridical education.
Аннотация / Annotation:
The article covers a juridical construction as an important mean of professional legal thinking and one of necesaary instruments of juridical education providing development of such thinking of students. The author analyzes approaches to a concept and nature of a juridical construction existing in a science investigating them from the point of view of their epistemic and didactic value.
Ключевые слова / Keywords:
a juridical construction, professional thinking of a jurist, juridical techniques, juridical education.
KAFTAN V.V. Kaftan V.V. – Doctor of Law, Associate Professor
IVASHINA O.G.
Ivashina O.G.
–
An Issue of Setting a Nature of Educational Dimension of Modern Russian Society
Страницы / Pages: 17-27
Аннотация / Annotation:
This article covers representation of a nature of educational dimension in Russian society. An educational dimension being a high-value spiritual component of social ties, interactions and relations influences on storage and development of spiritual traditions, moral regulations, rules, and world views in modern Russian society. Special interpretation of an educational dimension as just a technological component destroys not only traditional Russian system of education but also all axiological guides in Russian society.
Ключевые слова / Keywords:
educational dimension, habitus, institutionalizm, a social system.
Аннотация / Annotation:
This article covers representation of a nature of educational dimension in Russian society. An educational dimension being a high-value spiritual component of social ties, interactions and relations influences on storage and development of spiritual traditions, moral regulations, rules, and world views in modern Russian society. Special interpretation of an educational dimension as just a technological component destroys not only traditional Russian system of education but also all axiological guides in Russian society.
Ключевые слова / Keywords:
educational dimension, habitus, institutionalizm, a social system.
NIKOLAEV S.M. Nikolaev S.M. – PhD in Pedagogy, Associate Professor
Systematization of Principles of Implementation of Anti-Coprruption Education
Страницы / Pages: 28-34
Аннотация / Annotation:
Definitions of concepts ‘corruption’, ‘education’, anticorruption education are represented as a system, process, and the result in the article on the basis of a conducted analysis. Principles of implementation of anticorrultion education including general principles of educational activities, principles of fighting against corruption and special principles are considered and systemized.
Ключевые слова / Keywords:
corruption, education, anti-corruption education, principles of anticorruption education.
Аннотация / Annotation:
Definitions of concepts ‘corruption’, ‘education’, anticorruption education are represented as a system, process, and the result in the article on the basis of a conducted analysis. Principles of implementation of anticorrultion education including general principles of educational activities, principles of fighting against corruption and special principles are considered and systemized.
Ключевые слова / Keywords:
corruption, education, anti-corruption education, principles of anticorruption education.
VASILIEVA A.M. Vasilieva A.M. – Doctor of History, PhD in Law, Professor
VASILIEVA N.A.
Vasilieva N.A.
–
Legal Custom as Moral Guide of Renewal in Law
Страницы / Pages: 35-44
Аннотация / Annotation:
A legal custom is under serious attention of scientists because it is one of ancient sources of law. The problem is that culture includes not only values but also anti-values destroying or effecting on its further development. Many scientists mean a general law a fundament of the whole legal system. Authors try in this article to consider a moral guide and a process of development of a legal custom.
Ключевые слова / Keywords:
law, a custom, juridical relations, legal behavior, legislations, redemption, blood revenge.
Аннотация / Annotation:
A legal custom is under serious attention of scientists because it is one of ancient sources of law. The problem is that culture includes not only values but also anti-values destroying or effecting on its further development. Many scientists mean a general law a fundament of the whole legal system. Authors try in this article to consider a moral guide and a process of development of a legal custom.
Ключевые слова / Keywords:
law, a custom, juridical relations, legal behavior, legislations, redemption, blood revenge.
SIMONOV V.P. Simonov V.P. – Doctor of Pedagogy, Professor, Honoured Teacher of High School of the Russian Federation
Laws and Principles of Our Asymmetric World
Страницы / Pages: 45-60
Аннотация / Annotation:
The article covers a problem of interaction between laws, regulations, principles, and rules in natural and social (articficial) systems. The author charecterizes them from the position of a concept of asymmetry of our world.
Ключевые слова / Keywords:
subjective and objective laws, regultions, principles, rules, asymmetry of the world, an origin and types of systems, dimension and time, evolution.
EDUCATIONAL LAWАннотация / Annotation:
The article covers a problem of interaction between laws, regulations, principles, and rules in natural and social (articficial) systems. The author charecterizes them from the position of a concept of asymmetry of our world.
Ключевые слова / Keywords:
subjective and objective laws, regultions, principles, rules, asymmetry of the world, an origin and types of systems, dimension and time, evolution.
KOBCHIKOVA E.V. Kobchikova E.V. – PhD in Law, Associate Professor
A Contract for Education as a Novel of Russian Legislation
Страницы / Pages: 61-66
Аннотация / Annotation:
The article covers a legal nature of a contract for edication, its conditions, and specifics of its conclusion, termination, and possible amendments. Also various points of views related to legal nature of a contract for education are considered in the article.
Ключевые слова / Keywords:
a contract, educational services, educational legal relations.
Аннотация / Annotation:
The article covers a legal nature of a contract for edication, its conditions, and specifics of its conclusion, termination, and possible amendments. Also various points of views related to legal nature of a contract for education are considered in the article.
Ключевые слова / Keywords:
a contract, educational services, educational legal relations.
MATYUSHEVA T.N. Matyusheva T.N. – Doctor of Law, Associate Professor
Constitutional Fundamentals of Free Choice of Educational Institutions and Forms of Education by Parents (or Foster Parents) for their Children in the Russian Federation
Страницы / Pages: 67-74
Аннотация / Annotation:
The article covers a research of constitution fundamentals of free choice of an educational institution and a form of education by paretnts (foster parents) for their children. A conclusion of an objective need in fixation of this freedom of choice pf an educational institution, a form, a type, a level, and a method of organization of an educational process including full-time, part-time, extramural, distance, family, self-education and non-residence is made on the basis of an analysis of freedom as a state of personality, social group and a society as a whole.
Ключевые слова / Keywords:
children, right for education, free choice of parents, constitutional fundamentals, choice of educational institutions, full-time, extramural education, family education, self-education, non-residence.
Аннотация / Annotation:
The article covers a research of constitution fundamentals of free choice of an educational institution and a form of education by paretnts (foster parents) for their children. A conclusion of an objective need in fixation of this freedom of choice pf an educational institution, a form, a type, a level, and a method of organization of an educational process including full-time, part-time, extramural, distance, family, self-education and non-residence is made on the basis of an analysis of freedom as a state of personality, social group and a society as a whole.
Ключевые слова / Keywords:
children, right for education, free choice of parents, constitutional fundamentals, choice of educational institutions, full-time, extramural education, family education, self-education, non-residence.
OSIPOV M.YU. Osipov M.Yu. – PhD in Law
Typical Disadvantages of a New Federal Law ‘Education in the Russian Federation’
Страницы / Pages: 75-80
Аннотация / Annotation:
A problem of reforming of a legislation in a sphere of education is one of actial problems of an educational law. An analysis of the Federal Law ‘Education in the Russian Federation’ is given; problems influencing on effective regultaion of public relations in a sphere of education and disadvantages of the given law are set and ways of their solving are represented.
Ключевые слова / Keywords:
a federal law, education, legal regultion, a defect, an educational law.
MODERN EDUCATIONАннотация / Annotation:
A problem of reforming of a legislation in a sphere of education is one of actial problems of an educational law. An analysis of the Federal Law ‘Education in the Russian Federation’ is given; problems influencing on effective regultaion of public relations in a sphere of education and disadvantages of the given law are set and ways of their solving are represented.
Ключевые слова / Keywords:
a federal law, education, legal regultion, a defect, an educational law.
ZAUTOROVA E.V. Zautorova E.V. – Doctor of Pedagogy, Associate Professor
RYUMIN R.V. Ryumin R.V. – PhD in Philology
Integrated Education in a Process of Development of Professional Media Competences of Students in Non-Linguistic Universities
Страницы / Pages: 81-88
Аннотация / Annotation:
The article covers a problem of integration in a professional education. An integrated approach in its various interpretations and levels of application (integration of science, education, special disciplines, etc.) is a mean of development of a professional competence of future specialists. Functionality of a computer program ‘Mediator’ in a processof developing media culture of students of non-linguistic universities is shown.
Ключевые слова / Keywords:
integrated education, media competences, contents of education, modular education, professional training of students in a non-linguistic university.
Аннотация / Annotation:
The article covers a problem of integration in a professional education. An integrated approach in its various interpretations and levels of application (integration of science, education, special disciplines, etc.) is a mean of development of a professional competence of future specialists. Functionality of a computer program ‘Mediator’ in a processof developing media culture of students of non-linguistic universities is shown.
Ключевые слова / Keywords:
integrated education, media competences, contents of education, modular education, professional training of students in a non-linguistic university.
GORSHENIN A.YU. Gorshenin A.Yu. – PhD in Technical Sciences, Associate Professor
Aspects of Innovative Activity of Master’s Degree Studies
Страницы / Pages: 89-95
Аннотация / Annotation:
It is proposed in the article to solve problems with studying in master’s degree course on a project level: when postgraduate students solve their scientific tasks under supervision of a research advisor and general students develop innovative projects in a project group. In this approach we have a target to increase effectiveness of projects, their innovations and investment value; it is necessary to present author’s and patent laws for developments.
Ключевые слова / Keywords:
innovations, synergetic effect, SADT methodology, IDEF0 standard, competences, author’s and patent rights.
Аннотация / Annotation:
It is proposed in the article to solve problems with studying in master’s degree course on a project level: when postgraduate students solve their scientific tasks under supervision of a research advisor and general students develop innovative projects in a project group. In this approach we have a target to increase effectiveness of projects, their innovations and investment value; it is necessary to present author’s and patent laws for developments.
Ключевые слова / Keywords:
innovations, synergetic effect, SADT methodology, IDEF0 standard, competences, author’s and patent rights.
ANDREEVA I.A. Andreeva I.A. – PhD in History, Associate Professor
Initial Professional Training of Magistrates in France
Страницы / Pages: 96-103
Аннотация / Annotation:
The article covers specifics of initial professional training of members of judicial corpus of France – judicial magistrates and procurator’s magistrates. Legal fundamentals and contents of an educational program are described.
Ключевые слова / Keywords:
France, a magistrate, judicial corpus, national school of a magistrate.
SCIENTIFIC MESSAGESАннотация / Annotation:
The article covers specifics of initial professional training of members of judicial corpus of France – judicial magistrates and procurator’s magistrates. Legal fundamentals and contents of an educational program are described.
Ключевые слова / Keywords:
France, a magistrate, judicial corpus, national school of a magistrate.
CHERDAKOV O.I. Cherdakov O.I. – Doctor of Law, Professor
GRIGORIEV I.A.
Grigoriev I.A.
–
A Legal Ideology and a National Idea in Modern Russia
Страницы / Pages: 104-110
Аннотация / Annotation:
Legal ideology and impossibility to develop a national idea in the Russian Federation in post-Soviet period are described in the article.
Ключевые слова / Keywords:
ideology, ideologycal goal-setting, ideological guides, ideological variety, a national idea.
Аннотация / Annotation:
Legal ideology and impossibility to develop a national idea in the Russian Federation in post-Soviet period are described in the article.
Ключевые слова / Keywords:
ideology, ideologycal goal-setting, ideological guides, ideological variety, a national idea.
AFANASIEV A.A. Afanasiev A.A. – PhD in Law
Municiapl and Legal Regime of Rural Life: Economic Fundamentals of Local Government of Rural Settlements
Страницы / Pages: 111-119
Аннотация / Annotation:
Economic fundamentals of local governance of rural settlements are shown in the article It has serious theoretical and practical value in implementation of a priority way of social an economic policy of Russia in a field of sustainable complex development of rural territories.
Ключевые слова / Keywords:
public relations, a legislation, scientific literature, legal regulation, a rural settelement, rural life, local government, economic fundamentals, sustainable development.
Аннотация / Annotation:
Economic fundamentals of local governance of rural settlements are shown in the article It has serious theoretical and practical value in implementation of a priority way of social an economic policy of Russia in a field of sustainable complex development of rural territories.
Ключевые слова / Keywords:
public relations, a legislation, scientific literature, legal regulation, a rural settelement, rural life, local government, economic fundamentals, sustainable development.
SHIRIMOV V.N.
Shirimov V.N.
–
Specifics of Management of a Process of Accounting Expertise in Modern Conditions
Страницы / Pages: 120-126
Аннотация / Annotation:
Issues of management of a process of accounting expertise are considered in the article. A concept of accounting expertise is given. Great attention is paid to four interacted stages of management of a process of an ccounting expertise.
Ключевые слова / Keywords:
management, a process, an accounting expertise, an expert-accountant, an expert, a research.
Аннотация / Annotation:
Issues of management of a process of accounting expertise are considered in the article. A concept of accounting expertise is given. Great attention is paid to four interacted stages of management of a process of an ccounting expertise.
Ключевые слова / Keywords:
management, a process, an accounting expertise, an expert-accountant, an expert, a research.
TKACHENKO M.A. Tkachenko M.A. – PhD in Pedagogy, Associate Professor
Methods of Self-Diagnostics of Psychological Competence of a Personality of a Leader
Страницы / Pages: 127-134
Аннотация / Annotation:
A description of methods of self-diagnostics of a psychological competence of a personality of a leader, which is developed with taking into account components of a structure of this type of competence, that enables to set its main levels and types of a personality of a leader is represented in the article.
Ключевые слова / Keywords:
methods of self-diagnostics of psychological competence of a personality of a leader, self-actualizaed type of a leader, pro-social type of a leader, a cognitive type of a leader, an attitude type of a leader, anomious type of a leader.
Аннотация / Annotation:
A description of methods of self-diagnostics of a psychological competence of a personality of a leader, which is developed with taking into account components of a structure of this type of competence, that enables to set its main levels and types of a personality of a leader is represented in the article.
Ключевые слова / Keywords:
methods of self-diagnostics of psychological competence of a personality of a leader, self-actualizaed type of a leader, pro-social type of a leader, a cognitive type of a leader, an attitude type of a leader, anomious type of a leader.
RIMARCHUK G.S.
Rimarchuk G.S.
–
Some Aspects of Protection of a Copyright Law in Ukraine
Страницы / Pages: 135-142
Аннотация / Annotation:
The article covers consideration of main statements of the legislation in a field of protection of a copyright law. Contents of the concept ‘copyright law’ is shown, a list of objects protected by the copyright legislation is given. Also contents of basic elements of a mechanism of legal support a subject and object of law are shown. Main authorities of state organs in a sphere of legal protection of copyrights are considered.
Ключевые слова / Keywords:
a copyright law, a subject of law, an object of law, intelligent property, related rights, an author, a work, legal protection, a confirmation, a violation of law.
PAGES OF HISTORYАннотация / Annotation:
The article covers consideration of main statements of the legislation in a field of protection of a copyright law. Contents of the concept ‘copyright law’ is shown, a list of objects protected by the copyright legislation is given. Also contents of basic elements of a mechanism of legal support a subject and object of law are shown. Main authorities of state organs in a sphere of legal protection of copyrights are considered.
Ключевые слова / Keywords:
a copyright law, a subject of law, an object of law, intelligent property, related rights, an author, a work, legal protection, a confirmation, a violation of law.
LEBEDEVA O.V. Lebedeva O.V. – Doctor of Pedagogy, Associate Professor
Interaction between National and Civil Education of Pupils in a Field of Pedagogic Journalism in the end of 19th-the beginning of 20th centuries
Страницы / Pages: 143-152
Аннотация / Annotation:
The article covers finding an interaction between national and civil education based on an analysis of pedagogic magazines published in Russia in the end of 19th-the beginning of 20th century.
Ключевые слова / Keywords:
national, patriotic, civil education, general human ideals, a native language, national culture, legal consciousness, public activity.
Аннотация / Annotation:
The article covers finding an interaction between national and civil education based on an analysis of pedagogic magazines published in Russia in the end of 19th-the beginning of 20th century.
Ключевые слова / Keywords:
national, patriotic, civil education, general human ideals, a native language, national culture, legal consciousness, public activity.
ZINOVIEVA T.V.
Zinovieva T.V.
–
Historic Development of Land Lease Relations in Fore-Caucasus in the end of 18th-the beginning of 20th centuries
Страницы / Pages: 153-157
Аннотация / Annotation:
An attempt to show land lease in the end of 18th-the beginning of 20th centuries in the territory of Fore-Caucasus is made in the article. The author pays attention to main aspects of development of land lease relations in this period stating that land lease provides freedom and independence of land economy.
Ключевые слова / Keywords:
a title to the land, land lease, subjects of land lease, types of land lease, sublease.
A SCIENTIFIC DEBUTАннотация / Annotation:
An attempt to show land lease in the end of 18th-the beginning of 20th centuries in the territory of Fore-Caucasus is made in the article. The author pays attention to main aspects of development of land lease relations in this period stating that land lease provides freedom and independence of land economy.
Ключевые слова / Keywords:
a title to the land, land lease, subjects of land lease, types of land lease, sublease.
PONKINA A.I.
Ponkina A.I.
–
Autonomy, Autonomy Institutionalization and Regulatory Systems from the Point of View of General Theory of Law and State
Страницы / Pages: 158-167
Аннотация / Annotation:
The article covers theoretical and legal research of regulatory nature, contents, arising and specifics of autonomy. Autonomous regulatory systems and autonomous out-of-law order are investigated.
Ключевые слова / Keywords:
autonomy, self-regulation, autonomous out-of-law order, an autonomous regulatory system, a social institute, autonomous institutional legal regulation, autonomous institutionalization.
Аннотация / Annotation:
The article covers theoretical and legal research of regulatory nature, contents, arising and specifics of autonomy. Autonomous regulatory systems and autonomous out-of-law order are investigated.
Ключевые слова / Keywords:
autonomy, self-regulation, autonomous out-of-law order, an autonomous regulatory system, a social institute, autonomous institutional legal regulation, autonomous institutionalization.
SHCHERBINA D.N.
Shcherbina D.N.
–
Countermeasures of Military Information and Communicative Operations within the System of Military Education
Страницы / Pages: 168-176
Аннотация / Annotation:
A military-communicative operation as a special form of conducting an information war, when great attention is paid to information and communicative actions for effecting on public consciousness by using any information means and methods, is represented in the article. Getting knowledge of this way of military operations it is necessary for organizing effective fighting against such an information threat.
Ключевые слова / Keywords:
communications, an information-communicative operation, a simulacrum, a consistential war, a military deception, media education.
Аннотация / Annotation:
A military-communicative operation as a special form of conducting an information war, when great attention is paid to information and communicative actions for effecting on public consciousness by using any information means and methods, is represented in the article. Getting knowledge of this way of military operations it is necessary for organizing effective fighting against such an information threat.
Ключевые слова / Keywords:
communications, an information-communicative operation, a simulacrum, a consistential war, a military deception, media education.
IDRISOV I.A.
Idrisov I.A.
–
Russian Civilists in Trade Relations
Страницы / Pages: 177-183
Аннотация / Annotation:
The article covers analysis of views of well-known civilists in pre-revolutionary Russia on special aspects of trade relations. Problems of trade subjectivity are shown; definitions of concepts ‘merhcant’, ‘trade’, a concept and types of trade actions in a legisaltion and science of that period of time are given. Author’s classification of rights and liabilties of merchants are given.
Ключевые слова / Keywords:
trade relations, trade, goods, a merhcant, rights and liabilities of a merchant.
Аннотация / Annotation:
The article covers analysis of views of well-known civilists in pre-revolutionary Russia on special aspects of trade relations. Problems of trade subjectivity are shown; definitions of concepts ‘merhcant’, ‘trade’, a concept and types of trade actions in a legisaltion and science of that period of time are given. Author’s classification of rights and liabilties of merchants are given.
Ключевые слова / Keywords:
trade relations, trade, goods, a merhcant, rights and liabilities of a merchant.