Право и образование
№ 04 • 2016
EDUCATIONAL LAW
KIRILLOVYH A.A. Kirillovyh A.A. – PhD, associate professor
IVSHYN M.S. Ivshyn M.S. – candidate of economic Sciences
Treaty on the target acquisition and target training: mechanism for implementing the terms of the obligation
Страницы / Pages: 4-11
Аннотация / Annotation:
In this article the reader is offered informative analysis of legal relations of trust and receive targeted training, as well as the modalities of their implementation within the framework of ensuring the right of citizens to education; attention is drawn to the procedure (sequence of operations) subjects (participants) aimed at emergence, change and termination of these obligatory legal relations.
Ключевые слова / Keywords:
treaty, trust receipt, targeted training, legal fact, procedure.
Аннотация / Annotation:
In this article the reader is offered informative analysis of legal relations of trust and receive targeted training, as well as the modalities of their implementation within the framework of ensuring the right of citizens to education; attention is drawn to the procedure (sequence of operations) subjects (participants) aimed at emergence, change and termination of these obligatory legal relations.
Ключевые слова / Keywords:
treaty, trust receipt, targeted training, legal fact, procedure.
PARAMONOVA S.V.
Paramonova S.V.
–
Organizational and staffing support of mentoring in the higher school
Страницы / Pages: 12-23
Аннотация / Annotation:
The article deals with organizational and personnel structure formation which ensures mentoring activities implementation in the educational institution of higher education. With the account of regulatory acts principles they analyze the allocation procedure of functions, powers and responsibilities between the employees involved in the process of mentoring.
Ключевые слова / Keywords:
higher education, mentoring, career structure, participants in the educational process, teaching staff, the curatorship institute.
Аннотация / Annotation:
The article deals with organizational and personnel structure formation which ensures mentoring activities implementation in the educational institution of higher education. With the account of regulatory acts principles they analyze the allocation procedure of functions, powers and responsibilities between the employees involved in the process of mentoring.
Ключевые слова / Keywords:
higher education, mentoring, career structure, participants in the educational process, teaching staff, the curatorship institute.
DEMIDYUK V.A. Demidyuk V.A. – PhD in Law, Associate Professor
Retrospective analysis of the legislation in the sphere of educational management in Russia and foreign experience
Страницы / Pages: 24-29
Аннотация / Annotation:
The article is devoted to the analysis of legislative regulation of educational management. It examines various points of view of scientists concerning the specifics of legal regulation in the sphere of educational management. Legal normative acts regulating the activity of educational institutions, since the middle of last century to the present days are considered in the article. The author dwells on the issues of educational management in the United States, France, Spain and several other countries. The author analyzes shortcomings and contradictions of the modern system of Russian education and ways of further improvement of the system of educational management.
Ключевые слова / Keywords:
legal framework of educational institutions activity, branches of legal science, peculiarities of the educational management system in Russia and abroad, role of public in the educational system of the USA, France, structure of normative regulation of the educational system, restructuring and modernization of the national educational system.
Аннотация / Annotation:
The article is devoted to the analysis of legislative regulation of educational management. It examines various points of view of scientists concerning the specifics of legal regulation in the sphere of educational management. Legal normative acts regulating the activity of educational institutions, since the middle of last century to the present days are considered in the article. The author dwells on the issues of educational management in the United States, France, Spain and several other countries. The author analyzes shortcomings and contradictions of the modern system of Russian education and ways of further improvement of the system of educational management.
Ключевые слова / Keywords:
legal framework of educational institutions activity, branches of legal science, peculiarities of the educational management system in Russia and abroad, role of public in the educational system of the USA, France, structure of normative regulation of the educational system, restructuring and modernization of the national educational system.
OSIPOV M.Y. Osipov M.Y. – PhD
On some problems of legal regulation of academic mobility in Russia
Страницы / Pages: 30-38
Аннотация / Annotation:
The problem of legal regulation of academic mobility of students and scientific – teaching staff of the university – it is one of the urgent problems of legal regulation in the sphere of higher education. This article analyzes the peculiarities of the legal regulation of academic mobility in Russia. The conclusion is that the current state of the legal regulation of academic mobility no longer meets the needs of today. It proposed several measures to improve the legal regulation of the academic mobility of students and scientific – teaching staff of universities
Ключевые слова / Keywords:
academic mobility, students, scientific – teaching staff, legal regulation, the educational law.
JURIDICAL EDUCATIONАннотация / Annotation:
The problem of legal regulation of academic mobility of students and scientific – teaching staff of the university – it is one of the urgent problems of legal regulation in the sphere of higher education. This article analyzes the peculiarities of the legal regulation of academic mobility in Russia. The conclusion is that the current state of the legal regulation of academic mobility no longer meets the needs of today. It proposed several measures to improve the legal regulation of the academic mobility of students and scientific – teaching staff of universities
Ключевые слова / Keywords:
academic mobility, students, scientific – teaching staff, legal regulation, the educational law.
MOROZOVA S.A. Morozova S.A. – candidate of pedagogical sciences, associate Professor
Article title: the Conceptual framework of the subject area as a criterion of professional competence of the teacher of legal disciplines
Страницы / Pages: 39-47
Аннотация / Annotation:
Scientific publication proposes to consider the degree of ownership of the conceptual apparatus of the subject area as a criterion of professional competence of the teacher of legal disciplines. The article considers the problems of understanding the key concepts of methods of teaching of jurisprudence in the University, gives the author’s definitions of some concepts are referres to conflicts of understanding by lawyers, Didactum, the Methodists, the number of terms included in the conceptual apparatus of methodology of teaching of legal disciplines.
Ключевые слова / Keywords:
professional competence of a specialist, the conceptual apparatus, didactics, educational technology, methodology of legal education, formation of legal concepts, the course of study, training, teaching, scientific and legal definitions of pedagogical concepts.
Аннотация / Annotation:
Scientific publication proposes to consider the degree of ownership of the conceptual apparatus of the subject area as a criterion of professional competence of the teacher of legal disciplines. The article considers the problems of understanding the key concepts of methods of teaching of jurisprudence in the University, gives the author’s definitions of some concepts are referres to conflicts of understanding by lawyers, Didactum, the Methodists, the number of terms included in the conceptual apparatus of methodology of teaching of legal disciplines.
Ключевые слова / Keywords:
professional competence of a specialist, the conceptual apparatus, didactics, educational technology, methodology of legal education, formation of legal concepts, the course of study, training, teaching, scientific and legal definitions of pedagogical concepts.
AKHMETOV A.S. Akhmetov A.S. – Ph.D, associate professor
The value of the legal culture in the preparation of the legal profession in the Republic of Kazakhstan
Страницы / Pages: 48-55
Аннотация / Annotation:
The article deals with improving the legal culture of Kazakh society and its impact on judicial training. In addition, the article examines the importance of the legal culture in the process of formation of civil society. The author believes that the credibility of the legal system and the level of legal awareness of the population is largely dependent on the degree of qualification of specialists in the field of jurisprudence. The article shows that the level of the legal profession largely depends not only on the efficient functioning of the mechanism of legal regulation, but also the attitude of ordinary citizens to the law and legal phenomena.
Ключевые слова / Keywords:
legal education, legal culture, legal ideology, culture, democratic state, civil society, state, society, legal consciousness, democratic state and its values.
Аннотация / Annotation:
The article deals with improving the legal culture of Kazakh society and its impact on judicial training. In addition, the article examines the importance of the legal culture in the process of formation of civil society. The author believes that the credibility of the legal system and the level of legal awareness of the population is largely dependent on the degree of qualification of specialists in the field of jurisprudence. The article shows that the level of the legal profession largely depends not only on the efficient functioning of the mechanism of legal regulation, but also the attitude of ordinary citizens to the law and legal phenomena.
Ключевые слова / Keywords:
legal education, legal culture, legal ideology, culture, democratic state, civil society, state, society, legal consciousness, democratic state and its values.
TURANIN V.YU. Turanin V.Yu. – candidate of juridical sciences
POGORELOV D.V. Pogorelov D.V. – candidate of juridical sciences
Possibilities of improving the teaching of legal disciplines students to non-legal professions
Страницы / Pages: 56-63
Аннотация / Annotation:
Currently, the teaching of legal disciplines to students of non-legal professions is minimized, and this limits their access to full legal knowledge. Based on this analysis, the authors propose several areas of modernization of modern educational process in the context of the existence of this problem, in particular: a three-level teaching of legal disciplines to students selected for itself non-legal profession; development of an appropriate methodology, fixed departmental normative act of Ministry of Education and Science.
Ключевые слова / Keywords:
education, law, teaching, legal discipline, studying the direction of training, specialty.
Аннотация / Annotation:
Currently, the teaching of legal disciplines to students of non-legal professions is minimized, and this limits their access to full legal knowledge. Based on this analysis, the authors propose several areas of modernization of modern educational process in the context of the existence of this problem, in particular: a three-level teaching of legal disciplines to students selected for itself non-legal profession; development of an appropriate methodology, fixed departmental normative act of Ministry of Education and Science.
Ключевые слова / Keywords:
education, law, teaching, legal discipline, studying the direction of training, specialty.
BURINOVA L.D. Burinova L.D. – candidate of jurisprudence, assistant professor
On training room`s role in lawyers` training
Страницы / Pages: 64-67
Аннотация / Annotation:
Nowadays due to the reforms of educational system and technological development, the process of training of specialists in different areas has to be improved. And it is very important in the area of layer’s training because their responsibility is to build constitutional state. In the article the capabilities of substantive office in development of professional expertise of a lawyer is considered.
Ключевые слова / Keywords:
substantive office, civil law, educational methods, exposition, lawyer, student, legal education.
Аннотация / Annotation:
Nowadays due to the reforms of educational system and technological development, the process of training of specialists in different areas has to be improved. And it is very important in the area of layer’s training because their responsibility is to build constitutional state. In the article the capabilities of substantive office in development of professional expertise of a lawyer is considered.
Ключевые слова / Keywords:
substantive office, civil law, educational methods, exposition, lawyer, student, legal education.
RUDNEVA N.V.
Rudneva N.V.
–
The influence of international politics on the formation of legal culture of students
Страницы / Pages: 68-75
Аннотация / Annotation:
The article discusses the impact of international-political aspect on the formation of legal culture of students, for example, conducting seminars in the form of «round table».
Ключевые слова / Keywords:
legal culture, politics, debate, youth, students.
HOT TOPICАннотация / Annotation:
The article discusses the impact of international-political aspect on the formation of legal culture of students, for example, conducting seminars in the form of «round table».
Ключевые слова / Keywords:
legal culture, politics, debate, youth, students.
SHKUNOV V.N. Shkunov V.N. – doctor of history, doctor of pedagogy
Development of international cooperation in education in Asia: lessons for Russia
Страницы / Pages: 76-81
Аннотация / Annotation:
The article is devoted to the problems of the development of international cooperation in the field of education in the foreign countries of the East. In recent years, Asian universities have become attractive for foreign students from different regions of the world. Many universities in Asia began to occupy the high rates in the international rankings.
Ключевые слова / Keywords:
Asia, universities, higher education, international cooperation, academic exchanges.
Аннотация / Annotation:
The article is devoted to the problems of the development of international cooperation in the field of education in the foreign countries of the East. In recent years, Asian universities have become attractive for foreign students from different regions of the world. Many universities in Asia began to occupy the high rates in the international rankings.
Ключевые слова / Keywords:
Asia, universities, higher education, international cooperation, academic exchanges.
SLESAREVA K.A.
Slesareva K.A.
–
About the correlation between international law and national law in the context of states – participant’s CIS decisions of bodies of the constitutional control (supervision)
Страницы / Pages: 82-89
Аннотация / Annotation:
In article the author addresses the issue of correlation between international law and national law in the context of decisions of bodies of the constitutional control (supervision). Discusses general approaches of some states – participants CIS concerning the relation between state sovereignty and international obligations.
Ключевые слова / Keywords:
constitutional control, constitutional supervision, Constitutional Court of Russia, Commonwealth of Independent States (CIS), international law, international agreement, state sovereignty, The European Court of human rights.
Аннотация / Annotation:
In article the author addresses the issue of correlation between international law and national law in the context of decisions of bodies of the constitutional control (supervision). Discusses general approaches of some states – participants CIS concerning the relation between state sovereignty and international obligations.
Ключевые слова / Keywords:
constitutional control, constitutional supervision, Constitutional Court of Russia, Commonwealth of Independent States (CIS), international law, international agreement, state sovereignty, The European Court of human rights.
KARKHALEV D.N. Karkhalev D.N. – doctor of jurisprudence, professor
Ways of protecting civil rights in post-soviet countries
Страницы / Pages: 90-104
Аннотация / Annotation:
The article соnsideres the actual problems of defense of civil rights and responsibility realization defense function of civil law in countries last of USSR
Ключевые слова / Keywords:
defense of civil rights, responsibility in civil law, defense relation.
Аннотация / Annotation:
The article соnsideres the actual problems of defense of civil rights and responsibility realization defense function of civil law in countries last of USSR
Ключевые слова / Keywords:
defense of civil rights, responsibility in civil law, defense relation.
GARASHKO A.YU. Garashko A.Yu. – PhD (Law)
The system of sources of European Union law as unique legalform
Страницы / Pages: 105-111
Аннотация / Annotation:
Sources of European Union law are unique from the point of view of legal theory education, combines the features of both the sources of national and international law, thereby forming only at the moment, syncretic, system of supranational sources of law. Existing features of this system mostly due to the nature of integration, linking together the specifics and legal traditions (without loss of authenticity) legal systems are quite different in the comparative aspect of States relating to the same, different legal families (the Anglo-Saxon and Romano-Germanic). On the basis of the conducted research the author comes to the conclusion that the unique character of the system of sources of law of the European Union contribute to the formation of the integration of the legal system of the European Union.
Ключевые слова / Keywords:
law, source of law, The European Union, treaty, the European Community, primary, secondary and tertiary law of the European Union, supranational, system of sources of law, Romano-Germanic and Anglo-Saxon legal family.
WE DISCUSS THE PROBLEMАннотация / Annotation:
Sources of European Union law are unique from the point of view of legal theory education, combines the features of both the sources of national and international law, thereby forming only at the moment, syncretic, system of supranational sources of law. Existing features of this system mostly due to the nature of integration, linking together the specifics and legal traditions (without loss of authenticity) legal systems are quite different in the comparative aspect of States relating to the same, different legal families (the Anglo-Saxon and Romano-Germanic). On the basis of the conducted research the author comes to the conclusion that the unique character of the system of sources of law of the European Union contribute to the formation of the integration of the legal system of the European Union.
Ключевые слова / Keywords:
law, source of law, The European Union, treaty, the European Community, primary, secondary and tertiary law of the European Union, supranational, system of sources of law, Romano-Germanic and Anglo-Saxon legal family.
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
Event «Black Swan» as an expression the uncertainty in the public administration
Страницы / Pages: 112-120
Аннотация / Annotation:
The article investigates the uncertainties in public administration. The article studies the phenomenon of the event «Black Swan», shows the current interpretation of this phenomenon. The author presented the classification of the events covered by the concept of «Black Swan».
Ключевые слова / Keywords:
public administration, uncertainties in public administration, theory of deviations in public administration, concept of «Black Swan».
Аннотация / Annotation:
The article investigates the uncertainties in public administration. The article studies the phenomenon of the event «Black Swan», shows the current interpretation of this phenomenon. The author presented the classification of the events covered by the concept of «Black Swan».
Ключевые слова / Keywords:
public administration, uncertainties in public administration, theory of deviations in public administration, concept of «Black Swan».
ARISTOV E.V. Aristov E.V. – PhD (Law)
Scientifically-legal doctrine welfaring of the state
Страницы / Pages: 121-126
Аннотация / Annotation:
The article investigates the doctrine welfaring of the state. The article considers the author’s macro-concept of understanding and interpretation of the key principles and the framework of the welfare state.
Ключевые слова / Keywords:
welfare state, welfaring of the state, constitutional law, basis of the constitutional system, constitutional-legal principle of the welfare state.
Аннотация / Annotation:
The article investigates the doctrine welfaring of the state. The article considers the author’s macro-concept of understanding and interpretation of the key principles and the framework of the welfare state.
Ключевые слова / Keywords:
welfare state, welfaring of the state, constitutional law, basis of the constitutional system, constitutional-legal principle of the welfare state.
DOLGOPOLOV К.A. Dolgopolov К.A. – PhD, associate professor
Sentencing for crimes against the constitutional order and security of the state
Страницы / Pages: 127-133
Аннотация / Annotation:
The article is devoted to issues of sanction of criminal legal rules governing the criminal liability for crimes against the constitutional order and state security.
Ключевые слова / Keywords:
criminal legal rules; criminal liability; grade of offense; crimes against the constitutional order and state security.
Аннотация / Annotation:
The article is devoted to issues of sanction of criminal legal rules governing the criminal liability for crimes against the constitutional order and state security.
Ключевые слова / Keywords:
criminal legal rules; criminal liability; grade of offense; crimes against the constitutional order and state security.
OGORODNIKOVA S.V.
Ogorodnikova S.V.
–
Comparative analysis of the concepts of civic consciousness and civic identity
Страницы / Pages: 134-139
Аннотация / Annotation:
The article analyzes and compares the concepts of civic consciousness and civic identity, correlation between these concepts and the concept of patriotism. The article gives opinions of scientists on the problem; the author’s view is also described. The article may be of interest to teachers and those who are interested in civic education.
Ключевые слова / Keywords:
civic consciousness, civic identity, Russia’s civic identity, patriotism.
PAGES OF HISTORYАннотация / Annotation:
The article analyzes and compares the concepts of civic consciousness and civic identity, correlation between these concepts and the concept of patriotism. The article gives opinions of scientists on the problem; the author’s view is also described. The article may be of interest to teachers and those who are interested in civic education.
Ключевые слова / Keywords:
civic consciousness, civic identity, Russia’s civic identity, patriotism.
KOZLOV M.N. Kozlov M.N. – doctor of historical sciences, professor
The justice system in pre-Christian Russia
Страницы / Pages: 140-147
Аннотация / Annotation:
On the basis of written sources and archeological data conducted a historical reconstruction of the evolution of the legal system in East Slavic society of the pre-Christian era.
Ключевые слова / Keywords:
veche priests, magi, princes, steward, virnik, fights.
Аннотация / Annotation:
On the basis of written sources and archeological data conducted a historical reconstruction of the evolution of the legal system in East Slavic society of the pre-Christian era.
Ключевые слова / Keywords:
veche priests, magi, princes, steward, virnik, fights.
ORNATSKAYA Т.А.
Ornatskaya Т.А.
–
Activities of the faculty of law in Harbin in 1920-1937
Страницы / Pages: 148-156
Аннотация / Annotation:
The study of the preservation of traditions of Russian legal education after the revolution of October 1917 one of these themes for the researcher. Period of scrapping the State structure of the Russian Empire raised old school lawyers most acutely. Negation of the new power of the legal system as the living conditions of the of the State resulted in an exodus of representatives of legal science in China. The article highlights the role of the representatives of the Russian legal thoughts in Manchuria in the interwar period.
Ключевые слова / Keywords:
law, emigration, legal education, Manchuria.
Аннотация / Annotation:
The study of the preservation of traditions of Russian legal education after the revolution of October 1917 one of these themes for the researcher. Period of scrapping the State structure of the Russian Empire raised old school lawyers most acutely. Negation of the new power of the legal system as the living conditions of the of the State resulted in an exodus of representatives of legal science in China. The article highlights the role of the representatives of the Russian legal thoughts in Manchuria in the interwar period.
Ключевые слова / Keywords:
law, emigration, legal education, Manchuria.
TIMKIN YU.N. Timkin Yu.N. – Ph. D. in History, Associate Professor
The Iranian constitution of 1906, in the context of historical development and political struggle the first quarter of the XX century
Страницы / Pages: 157-162
Аннотация / Annotation:
The author has analyzed the Iranian Constitution of 1906, in the context of the history, characteristics religious and political struggles of the early 20th century and the modernization of the country. The Constitution of 1906 was not able to overcome the socio-political division of society. Shah, who possessed enormous Executive power, has turned the Parliament into an obedient, passive, loyal to the monarch Institute. The first world war and the post-war chaos, and availability of the Cossack brigade Reza Khan – all this has led to a sharp aggravation of the situation in which a Parliament and Constitution are unable to play a decisive role in ensuring the democratic future of the Iranian people.
Ключевые слова / Keywords:
the Iranian constitution of 1906, history, modernization, shia.
Аннотация / Annotation:
The author has analyzed the Iranian Constitution of 1906, in the context of the history, characteristics religious and political struggles of the early 20th century and the modernization of the country. The Constitution of 1906 was not able to overcome the socio-political division of society. Shah, who possessed enormous Executive power, has turned the Parliament into an obedient, passive, loyal to the monarch Institute. The first world war and the post-war chaos, and availability of the Cossack brigade Reza Khan – all this has led to a sharp aggravation of the situation in which a Parliament and Constitution are unable to play a decisive role in ensuring the democratic future of the Iranian people.
Ключевые слова / Keywords:
the Iranian constitution of 1906, history, modernization, shia.
NIKITIN O.A.
Nikitin O.A.
–
Military reforms by field marshal G.A. Potemkin to establish high morale of the troops in the XVIII century
Страницы / Pages: 163-169
Аннотация / Annotation:
The article discusses the organization of moral and psychological support of the Russian army in the last quarter of the XVIII century, discloses military reforms conducted by Field Marshal G.A. Potemkin in the field of moral and psychological education of troops, shows the forms and methods of moral and psychological support in the late XVIII century.
Ключевые слова / Keywords:
military discipline, moral and psychological education, morale, order and discipline, psychological stability, officers and lower ranks, government and military figures.
SCIENTIFIC DEBUTАннотация / Annotation:
The article discusses the organization of moral and psychological support of the Russian army in the last quarter of the XVIII century, discloses military reforms conducted by Field Marshal G.A. Potemkin in the field of moral and psychological education of troops, shows the forms and methods of moral and psychological support in the late XVIII century.
Ключевые слова / Keywords:
military discipline, moral and psychological education, morale, order and discipline, psychological stability, officers and lower ranks, government and military figures.
PRONSKAYA M.G.
Pronskaya M.G.
–
Personality self-determination of students in the context of federal state educational standards of the second generation
Страницы / Pages: 170-175
Аннотация / Annotation:
In the article the problem of the forming of personality self-determination of students of is revealed in the context of the contemporary state educational policy. The analysis of contemporary normative legal documents in the educational field is presented as the base of the research for the purpose defining personal determination and actuality of this problem for modern school. It is studied features of the reaching personal results on the base of the poll of school teachers.
Ключевые слова / Keywords:
educational laws of the Russian Federation, person-oriented model, personal universal educational activity, personality self-determination.
Аннотация / Annotation:
In the article the problem of the forming of personality self-determination of students of is revealed in the context of the contemporary state educational policy. The analysis of contemporary normative legal documents in the educational field is presented as the base of the research for the purpose defining personal determination and actuality of this problem for modern school. It is studied features of the reaching personal results on the base of the poll of school teachers.
Ключевые слова / Keywords:
educational laws of the Russian Federation, person-oriented model, personal universal educational activity, personality self-determination.
CHECHENEVA N.S.
Checheneva N.S.
–
Monitoring and control as elements of effective management of economic entities with state participation
Страницы / Pages: 176-179
Аннотация / Annotation:
The article discusses approaches to the definition of «monitoring» and «control», the author explores the purpose and compares the legal aspects of these terms and their correlation with regard to the management of state property in Russian Federation.
Ключевые слова / Keywords:
monitoring, control, management, public property.
Аннотация / Annotation:
The article discusses approaches to the definition of «monitoring» and «control», the author explores the purpose and compares the legal aspects of these terms and their correlation with regard to the management of state property in Russian Federation.
Ключевые слова / Keywords:
monitoring, control, management, public property.