Право и образование
№ 05 • 2010
MODERN EDUACTIONMATYUSHEVA 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
Support of Conditions for Getting General Secondary Education by Children is a Constitutional Parents’ Obligation
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Аннотация / Annotation:
The article covers constitutional obligation of parents (and their legal representatives) in support of conditions for getting secondary education by children. Educational and legal status of parents is analyzed from the position of unity of purposes and legal regulation. The author analyzes international standards of parents’ or legal representatives’ right to chose a type of educational institution and character of education for their children; a role of parents’ obligations within the system of constitutional status of personality is set.
Ключевые слова / Keywords:
constitutional obligations, constitutional status, parents, legal representatives, disabled children, deviants.
OSIPOV M.YU. Аннотация / Annotation:
The article covers constitutional obligation of parents (and their legal representatives) in support of conditions for getting secondary education by children. Educational and legal status of parents is analyzed from the position of unity of purposes and legal regulation. The author analyzes international standards of parents’ or legal representatives’ right to chose a type of educational institution and character of education for their children; a role of parents’ obligations within the system of constitutional status of personality is set.
Ключевые слова / Keywords:
constitutional obligations, constitutional status, parents, legal representatives, disabled children, deviants.
Osipov M.Yu. – Scientist of Non-State Educational Institution of Higher Professional Education ‘Institute of Law and Management of All-Russian Police Association’, PhD in Law
Problems of Improvement of Postgraduate Juridical Education
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Аннотация / Annotation:
Problems of teaching staff training for juridical higher educational institutions based on competence approach are considered and a program of additional PhD examination in the Theory of Law is proposed.
Ключевые слова / Keywords:
juridical education, postgraduate education, jurisprudence.
SHCHERBAKOVA A.S. Аннотация / Annotation:
Problems of teaching staff training for juridical higher educational institutions based on competence approach are considered and a program of additional PhD examination in the Theory of Law is proposed.
Ключевые слова / Keywords:
juridical education, postgraduate education, jurisprudence.
Shcherbakova A.S. – Senior Teacher of the Department of Social and Human Disciplines of Cherepovets Branch of Saint-Petersburg University for Engineering and Economy
Innovative University: Project Oriented Approach to Management
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Аннотация / Annotation:
Problems of changes in organization and quality of management of modern university are considered in the article. A concept of innovative university is given; its new functions as a transfer and knowledge integrator are represented; necessity and contents of project oriented approach to management of university are explained.
Ключевые слова / Keywords:
innovative university, knowledge transfer, new functions of innovative university, a nature and contents of project oriented approach to management of university.
PTASHNIK K.A. Аннотация / Annotation:
Problems of changes in organization and quality of management of modern university are considered in the article. A concept of innovative university is given; its new functions as a transfer and knowledge integrator are represented; necessity and contents of project oriented approach to management of university are explained.
Ключевые слова / Keywords:
innovative university, knowledge transfer, new functions of innovative university, a nature and contents of project oriented approach to management of university.
Ptashnik K.A. – Applicant of Khabarovsk Border Institute of the Federal Security Service of Russia
Special Features of Development of Intercultural Communicative Competence of Cadets in Pedagogic Process of Educational Institution of Border Security
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Аннотация / Annotation:
A concept of intercultural communicative competence of cadets of educational institutions of border security and basic ways of development of this competence in various educational institutions are considered in the article.
Ключевые слова / Keywords:
intercultural communicative competence (MCC) of cadets, pedagogic process of educational institution of border security, pedagogic environment, basic ways of development of MCC.
VINNITSKIY I.E. Аннотация / Annotation:
A concept of intercultural communicative competence of cadets of educational institutions of border security and basic ways of development of this competence in various educational institutions are considered in the article.
Ключевые слова / Keywords:
intercultural communicative competence (MCC) of cadets, pedagogic process of educational institution of border security, pedagogic environment, basic ways of development of MCC.
Vinnitskiy I.E. – Advisor of the Head of Odintsovo Municipal District
A Role of Legal Culture of State Officers in Enforcement of Law (Educational Aspect)
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Аннотация / Annotation:
The article covers investigation of legal culture of state authorities within the context of implementation of law as a fundamental principle of functioning of the state structure. Ways of increasing of legal awareness and negotiating of juridical anti-culture of power structures are considered as factors of formation of legal state, stable legal order in modern Russia.
Ключевые слова / Keywords:
legal culture, legal order, powerful objects, legal education, moral consciousness, juridical education.
DISCUSSING THE PROBLEMАннотация / Annotation:
The article covers investigation of legal culture of state authorities within the context of implementation of law as a fundamental principle of functioning of the state structure. Ways of increasing of legal awareness and negotiating of juridical anti-culture of power structures are considered as factors of formation of legal state, stable legal order in modern Russia.
Ключевые слова / Keywords:
legal culture, legal order, powerful objects, legal education, moral consciousness, juridical education.
YAGOFAROVA I.D.
Yagofarova I.D. – Professor of the Department of Theory and History of State, Constitutional and International Law of Ural Institute of Commerce and Law, PhD in Law, Associate Professor
Legal Culture of a Law Enforcement Official within the Context of Measures in Law and Legal Practice
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Аннотация / Annotation:
Methodological issues of interpretation of a word ‘measure’ in a field of legal investigations and possibilities of its using for optimum achievement related to formal and working fundamentals of law enforcing solution.
Ключевые слова / Keywords:
measures, law enforcement, legal culture, optimum, effectiveness, enforcing solution, juridical formalism, work of a law enforcement official.
KRASINSKIY V.V. Аннотация / Annotation:
Methodological issues of interpretation of a word ‘measure’ in a field of legal investigations and possibilities of its using for optimum achievement related to formal and working fundamentals of law enforcing solution.
Ключевые слова / Keywords:
measures, law enforcement, legal culture, optimum, effectiveness, enforcing solution, juridical formalism, work of a law enforcement official.
Krasinskiy V.V. – Expert of Russian Social Institute of Elective Law, PhD in Law
International Legal Regulation of a Constitutional System during Elections
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Аннотация / Annotation:
Legal regulation of elections in order to protect a constitutional system is analyzed in the article. The author investigates international elective standards and shows their value for protection of a constitutional system.
Ключевые слова / Keywords:
international legal regulation of elections, international elective standards, elections, protection of a constitutional system, legal regulation of elections in order to protect a constitutional system.
KOCHEV A.A. Аннотация / Annotation:
Legal regulation of elections in order to protect a constitutional system is analyzed in the article. The author investigates international elective standards and shows their value for protection of a constitutional system.
Ключевые слова / Keywords:
international legal regulation of elections, international elective standards, elections, protection of a constitutional system, legal regulation of elections in order to protect a constitutional system.
Kochev A.A. – Associate Professor of the Department of Civil Procedure and Law of GOU VPO ‘Khakasskiy State University in the name of N.F. Katanov’, PhD in Law
Offers of Improvement of Legal Regulation of Entrepreneurship through Property Trust
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Аннотация / Annotation:
The results of scientific research of problems of legal regulation of entrepreneurship through using the institute of property trust are represented in the article. Great attention is paid to author’s offers in improving civil legislation regulating entrepreneurship through property trust.
Ключевые слова / Keywords:
law, property trust, entrepreneurship.
SKVORTSOVA YU.V. Аннотация / Annotation:
The results of scientific research of problems of legal regulation of entrepreneurship through using the institute of property trust are represented in the article. Great attention is paid to author’s offers in improving civil legislation regulating entrepreneurship through property trust.
Ключевые слова / Keywords:
law, property trust, entrepreneurship.
Skvortsova Yu.V. – Director of Moscow Branch of Leningrad State University in the name of A.S. Pushkin, PhD in Law
Transformation of Legal System of the Russian Federation in Conditions of Globalization
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Аннотация / Annotation:
The article covers investigation of globalization influence on legal system of the Russian Federation and positive and negative aspects of this process. An attempt to analyze problems of succession in law, state and legal importation of institutions, legal integration is made.
Ключевые слова / Keywords:
transformation, transformation of the system of law, world economic system of law, juridical globalization, international integration and harmonization as vectors of development of modern law.
POPOVA T.V. Аннотация / Annotation:
The article covers investigation of globalization influence on legal system of the Russian Federation and positive and negative aspects of this process. An attempt to analyze problems of succession in law, state and legal importation of institutions, legal integration is made.
Ключевые слова / Keywords:
transformation, transformation of the system of law, world economic system of law, juridical globalization, international integration and harmonization as vectors of development of modern law.
Popova T.V. – Associate Professor of the Department of Civil Law and Procedures of the Academy of economic Security of the Ministry of Internal Affairs of Russia, PhD in Law
PRIZHENNIKOVA A.N. Prizhennikova A.N. – Associate Professor of The Department of Civil Law and Procedures of the Financial Academy under the Government of the Russian Federation, PhD in Law
Special Features of Labor Contract Conclusion
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Аннотация / Annotation:
The article covers special features of labor contract conclusion in accordance with modern legislation. A labor contract is considered as a central institute of labor law. Great attention is paid to contents of labor contract, conclusion order and commencement, and the rules of employment for all categories of people, including foreign citizens. Law enforcement analysis is conducted and it shows that often labor relations are improperly supported by documents.
Ключевые слова / Keywords:
labor contract, an employee, an employer, a labor book.
GALIULLIN D.L. Аннотация / Annotation:
The article covers special features of labor contract conclusion in accordance with modern legislation. A labor contract is considered as a central institute of labor law. Great attention is paid to contents of labor contract, conclusion order and commencement, and the rules of employment for all categories of people, including foreign citizens. Law enforcement analysis is conducted and it shows that often labor relations are improperly supported by documents.
Ключевые слова / Keywords:
labor contract, an employee, an employer, a labor book.
Galiullin D.L. – Professor of the Department of Sociology, Political and Religious Sciences of Tikhookeanskiy State University, PhD in Sociology, Associate Professor
Law and Confidence
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Аннотация / Annotation:
Sociological problems of confidence of law as a basis of social consent are considered in the article. Factors influencing on development of this form of confidence are estimated.
Ключевые слова / Keywords:
legal norms, social consent, confidence, legal state, social capital.
PAGES OF HISTORYАннотация / Annotation:
Sociological problems of confidence of law as a basis of social consent are considered in the article. Factors influencing on development of this form of confidence are estimated.
Ключевые слова / Keywords:
legal norms, social consent, confidence, legal state, social capital.
FOMICHEV I.V.
Fomichev I.V. – Professor of the Department of Human and Social Disciplines of Moscow Academy of Entrepreneurship under the Government of Moscow, Doctor of History, Professor
Administrative and Legal Measures of Tsar’s Government Related to Termination of Deficit of Teaching Staff during the World War I
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Аннотация / Annotation:
The article covers a problem of lack of teaching staff during war. The staff in Russian educational institutions during the World War I is analyzed in the article on the basis of archives and periodic materials. Great attention is paid to consideration of measures made by Tsar’s government in order to eliminate a lack of staff within the system of public education, especially on its primary grades. Positive results of this work are shown.
Ключевые слова / Keywords:
teaching staff, public teachers, salaried teachers, deputy teachers, deficit of teaching staff, teaching vacancies, educational institutions, colleges, call-up, draft determent.
LEBEDEVA O.V. Аннотация / Annotation:
The article covers a problem of lack of teaching staff during war. The staff in Russian educational institutions during the World War I is analyzed in the article on the basis of archives and periodic materials. Great attention is paid to consideration of measures made by Tsar’s government in order to eliminate a lack of staff within the system of public education, especially on its primary grades. Positive results of this work are shown.
Ключевые слова / Keywords:
teaching staff, public teachers, salaried teachers, deputy teachers, deficit of teaching staff, teaching vacancies, educational institutions, colleges, call-up, draft determent.
Lebedeva O.V. – Associate Professor of the Department of Pedagogy of Vyatka State University for the Humanities, Doctor of Pedagogy
Special Features of Formation of Democratic Relations between Subjects of Education in Historic and Pedagogic Processes in Russia
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Аннотация / Annotation:
Special features of formation of democratic relations of subjects of education on various stages of historic and pedagogic process in Russia are considered in the article. Factors influencing on formation of experience of democratization of relations such as exemplifying, self-regulating, participation in public activity and developing of norms and rules of public life are demonstrated.
Ключевые слова / Keywords:
democratic relations, subjects of education, educational institutions, factors, rights, personal freedom, legal dimension.
KANANYKINA E.S. Аннотация / Annotation:
Special features of formation of democratic relations of subjects of education on various stages of historic and pedagogic process in Russia are considered in the article. Factors influencing on formation of experience of democratization of relations such as exemplifying, self-regulating, participation in public activity and developing of norms and rules of public life are demonstrated.
Ключевые слова / Keywords:
democratic relations, subjects of education, educational institutions, factors, rights, personal freedom, legal dimension.
Kananykina E.S. – Head of the Department of Law of Duma of Nyagan-city (KHMAO-Yugra), PhD in Law
Evolution of English Educational Legislation: Acts of the Reform of Education in 1950ies – the beginning of 1990-ies
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Аннотация / Annotation:
English and American legal system is represented as a specified source of law. It is well-known that the basic source of law within this system is a judicial precedent. Also, a review of sources of English educational law demonstrates that judicial precedent in educational law even in conditions of precedent system of law is not the leading source of law. In the studied field of knowledge law of the state of a statute of the state is a leading law. Ad hoc and in loco parentis principles related to education are set as norms of relations within a field of education not through court judgments but through a norm of existing state law [1, p. 88].
Ключевые слова / Keywords:
law, legal families, pedagogy, doctrine of education, educational traditions.
SAPUNOV M.V. Аннотация / Annotation:
English and American legal system is represented as a specified source of law. It is well-known that the basic source of law within this system is a judicial precedent. Also, a review of sources of English educational law demonstrates that judicial precedent in educational law even in conditions of precedent system of law is not the leading source of law. In the studied field of knowledge law of the state of a statute of the state is a leading law. Ad hoc and in loco parentis principles related to education are set as norms of relations within a field of education not through court judgments but through a norm of existing state law [1, p. 88].
Ключевые слова / Keywords:
law, legal families, pedagogy, doctrine of education, educational traditions.
Sapunov M.V. – Applicant of the International Juridical Institute
Legal Fundamentals of the Budget Reform in 1862
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Аннотация / Annotation:
The article covers legal fundamentals of the budget policy of the Russian Empire in 1862. Just then Alexander II approved the Rules of composition, consideration, approval, and execution of the state list and department budgets. Great attention is paid to investigation of the Rules, which fixed a new scheme of budget process.
Ключевые слова / Keywords:
Russian budget, budget reform, budget legislation, budget law, deficit of budget, budget process, financial estimate, a state list.
SCIENTIFIC DEBUTАннотация / Annotation:
The article covers legal fundamentals of the budget policy of the Russian Empire in 1862. Just then Alexander II approved the Rules of composition, consideration, approval, and execution of the state list and department budgets. Great attention is paid to investigation of the Rules, which fixed a new scheme of budget process.
Ключевые слова / Keywords:
Russian budget, budget reform, budget legislation, budget law, deficit of budget, budget process, financial estimate, a state list.
PISHULIN A.V.
Pishulin A.V. – Postgraduate Student of The Department of The Theory and History of State and Law and Political Sciences of Moscow State University in the name of M.V. Lomonosov
Problem of Development of Modern Consideration of Law
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Аннотация / Annotation:
Issues of modern consideration of law are described in the article. In particular, the author analyzes neo-classical approaches to law such as hermeneutic, postmodern, and synergetic one. Also the article includes investigation of the category of consideration of law; general tendencies of development of modern consideration of law influences by philosophic and ideological concepts are analyzed.
Ключевые слова / Keywords:
law, consideration of law, approaches to law, integral consideration of law, post-modernism, hermeneutics, synergy, ideology.
MAGOMEDOVA L.SH. Аннотация / Annotation:
Issues of modern consideration of law are described in the article. In particular, the author analyzes neo-classical approaches to law such as hermeneutic, postmodern, and synergetic one. Also the article includes investigation of the category of consideration of law; general tendencies of development of modern consideration of law influences by philosophic and ideological concepts are analyzed.
Ключевые слова / Keywords:
law, consideration of law, approaches to law, integral consideration of law, post-modernism, hermeneutics, synergy, ideology.
Magomedova L.Sh. – Postgraduate Student of Moscow New Juridical Institute
Peculiarities of Expert Examining for Ecological Crimes
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Аннотация / Annotation:
The article covers a problem related to crimes in a field of ecology. The author analyzes existing criminal, procedural, and civil legislation and peculiarities of expert examining in the matter of ecological crimes.
Ключевые слова / Keywords:
expert examination, ecology, a crime.
RYZHOVA A.G. Аннотация / Annotation:
The article covers a problem related to crimes in a field of ecology. The author analyzes existing criminal, procedural, and civil legislation and peculiarities of expert examining in the matter of ecological crimes.
Ключевые слова / Keywords:
expert examination, ecology, a crime.
Ryzhova A.G. – Applicant for the Department of Constitutional and Administrative Law of Volzhskiy University in the name of V.N. Tatishchev
Problems of execution of administrative punishment
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Аннотация / Annotation:
Statements of the article 31.1 KoAP of the Russian Federation are represented here. It is stated that of 10-day term of appealing of decision of imposition of administrative punishment starts after receiving a copy of decision by an offender; there are no difficulties, because often an offender receive a copy in a court after proceedings of administrative violation, and in this case the term starts from the date specified by the offender in the acknowledgement of receipt of the decision.
Ключевые слова / Keywords:
justice of peace, administrative punishment, execution of a decision of administrative responsibility, term of appealing, term of entry into force, receipt of a copy of the decision.
SINELNIKOVA T.YU. Аннотация / Annotation:
Statements of the article 31.1 KoAP of the Russian Federation are represented here. It is stated that of 10-day term of appealing of decision of imposition of administrative punishment starts after receiving a copy of decision by an offender; there are no difficulties, because often an offender receive a copy in a court after proceedings of administrative violation, and in this case the term starts from the date specified by the offender in the acknowledgement of receipt of the decision.
Ключевые слова / Keywords:
justice of peace, administrative punishment, execution of a decision of administrative responsibility, term of appealing, term of entry into force, receipt of a copy of the decision.
Sinelnikova T.Yu. – Postgraduate Student of Russian State Institute for Intellectual Property
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Аннотация / Annotation:
Theoretical and practical problems of property relations between married people are considered in the article; opinions of Russian scientists about arising, changing and terminating of these relations are represented; actuality of improvement of a doctrine of common property and reformation of norms of existing regulation is reasoned; proposals related to solution of regulation property disputes between married people concerning common property are given.
Ключевые слова / Keywords:
property, married couple, relations, a doctrine.
PANFILOV A.R. Аннотация / Annotation:
Theoretical and practical problems of property relations between married people are considered in the article; opinions of Russian scientists about arising, changing and terminating of these relations are represented; actuality of improvement of a doctrine of common property and reformation of norms of existing regulation is reasoned; proposals related to solution of regulation property disputes between married people concerning common property are given.
Ключевые слова / Keywords:
property, married couple, relations, a doctrine.
Panfilov A.R. – Postgraduate Student of the Modern University for the Humanities
Civil and Legal Protection of Customers – Car Owners
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Аннотация / Annotation:
Social relations in a field of civil and legal protection of car owners and their obligations, problems of modern state legal regulation in this sphere and ways of its development in order to protect consumers’ rights are considered in the article.
Ключевые слова / Keywords:
The State Traffic Inspectorate, car owners, car owners’ rights, car owners’ obligations, a motor-car.
REVIEWSАннотация / Annotation:
Social relations in a field of civil and legal protection of car owners and their obligations, problems of modern state legal regulation in this sphere and ways of its development in order to protect consumers’ rights are considered in the article.
Ключевые слова / Keywords:
The State Traffic Inspectorate, car owners, car owners’ rights, car owners’ obligations, a motor-car.
KULIEV P.R.
Kuliev P.R. – Professor of the Department of National Security of the Russian Academy of State Service under the President of the Russian Federation, Doctor of Law, Professor
Should Russia Copy French and Brazilian Models of Sport Law and Need We a Sport Code?
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Аннотация / Annotation:
Review of the Concept of the Draft of the Sport Code of the Russian Federation Developed by A.A. Soloviev
Ключевые слова / Keywords:
sport, sport law, codification, a sport code, Brazil, France, the USA.
А.В. ВАСИЛЬЕВ Аннотация / Annotation:
Review of the Concept of the Draft of the Sport Code of the Russian Federation Developed by A.A. Soloviev
Ключевые слова / Keywords:
sport, sport law, codification, a sport code, Brazil, France, the USA.
А.В. Васильев – профессор кафедры государственного строительства и права Российской академии государственной службы при Президенте Российской Федерации, доктор юридических наук, профессор
VASILIEV A.V. Vasiliev A.V. – Professor of the Department of State Building and Law of the Russian Academy of State Service under the President of the Russian Federation, Doctor of Law, Professor
Between Wine and Surrogates – The Crossroad of the State Policy
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Аннотация / Annotation:
Review of the Book of V.A. Berzin ‘State Policy in a Field of Wine-Making Industry, Circulation and Consumption of Wine Products’, Moscow, 2010.
Ключевые слова / Keywords:
wine, wine-making, wine-making industry, circulation and consumption of wine products.
Аннотация / Annotation:
Review of the Book of V.A. Berzin ‘State Policy in a Field of Wine-Making Industry, Circulation and Consumption of Wine Products’, Moscow, 2010.
Ключевые слова / Keywords:
wine, wine-making, wine-making industry, circulation and consumption of wine products.