Право и образование
№ 05 • 2011
PROBLEMS OF EDUCATION
IVASHEVSKIY S.L. Ivashevskiy S.L. – Professor of the Department of Philosophy of Nizhegorodskaya Academy of the Ministry of Internal Affairs of Russia, Doctor of Philosophy, Associate Professor
Education as an Ideological Fundament of Modern Society
Страницы / Pages: 4-12
Аннотация / Annotation:
A problem of ratio between political ideology and education is considered in the article. A necessity of development of values of educational culture of a society and development of an educational ideology is reasoned. This ideology is represented as an alternative classical political ideology accords to interests and needs of a modern society.
Ключевые слова / Keywords:
education, educational culture, ideology, educational ideology.
Аннотация / Annotation:
A problem of ratio between political ideology and education is considered in the article. A necessity of development of values of educational culture of a society and development of an educational ideology is reasoned. This ideology is represented as an alternative classical political ideology accords to interests and needs of a modern society.
Ключевые слова / Keywords:
education, educational culture, ideology, educational ideology.
REZER T.M. Rezer T.M. – Professor of the Department of Acmeology of General and Professional Education of Russian State Professional and Pedagogic University, Director of Revdinskiy Branch of GOU SPO ‘Sverdlovskiy Regional Medical College’, Doctor of Pedagogy, Professor
Influence of Social Policy on Changes in a System of Education
Страницы / Pages: 13-18
Аннотация / Annotation:
Reformation of a system of education through a new instrument, i.e. new policy in a field of education is considered as social policy, represented as federal laws.
Ключевые слова / Keywords:
social policy, policy in a field of education.
Аннотация / Annotation:
Reformation of a system of education through a new instrument, i.e. new policy in a field of education is considered as social policy, represented as federal laws.
Ключевые слова / Keywords:
social policy, policy in a field of education.
KIRILLOVYKH A.A. Kirillovykh A.A. – Juristconsult of Vyatka State Agricultural Academy, Teacher of Saint-Petersburg Institute for Internal Economic Relations, Economics and Law (Kirovskiy Branch)
LEGAL NATURE OF INTERUNIVERSITY RELATIONS
Страницы / Pages: 19-29
Аннотация / Annotation:
Public character of relations arising at university are reasoned; probelms of implementation of principles of university management in the existing legislation and practice of education are shown.
Ключевые слова / Keywords:
self-management, a rector, a president, autonomy, democracy, individual responsibility, collegiateness, public interest, private administratice law.
Аннотация / Annotation:
Public character of relations arising at university are reasoned; probelms of implementation of principles of university management in the existing legislation and practice of education are shown.
Ключевые слова / Keywords:
self-management, a rector, a president, autonomy, democracy, individual responsibility, collegiateness, public interest, private administratice law.
SEREZHKINA A.E. Serezhkina A.E. – Associate Professor of the Department of Methodology of Engineering of Kazan State Technological University, PhD in Psychology, Associate Professor
Development of Information and Technological University Teachers Training
Страницы / Pages: 30-41
Аннотация / Annotation:
The article covers development of information and technological high school teachers training in a system of supplementary professional education in Russia. Great attention is paid to the tasks, which the system meet.
Ключевые слова / Keywords:
informatization, a high school teacher, supplementary professional education.
Аннотация / Annotation:
The article covers development of information and technological high school teachers training in a system of supplementary professional education in Russia. Great attention is paid to the tasks, which the system meet.
Ключевые слова / Keywords:
informatization, a high school teacher, supplementary professional education.
SKRIPCHENKO N.YU. Skripchenko N.Yu. – Associate Professor of the Department of Criminal Law and Procedures of GOU VPO ‘Pomorskiy State University in the name of M.V. Lomonosov’, PhD in Law, Associate Professor
Isolation of a Minor in a Special Correctional and Educational Facility of a Closed Type (a Theory and Practice of Application)
Страницы / Pages: 42-53
Аннотация / Annotation:
The article covers analysis of practice of application of a compulsory measure of educational influence in a form of isolation of a minor in a special correctional and educational facility of a closed type. The reasons of occasional application of this measure are determined; proposals of this improvement are made. Taking into account, that a large amount of reasons is connected with bad legislative reglamentation of this measure, proposals on improvement of the existing legislation are given in the article.
Ключевые слова / Keywords:
a minor, a crime, a special correctional facility.
Аннотация / Annotation:
The article covers analysis of practice of application of a compulsory measure of educational influence in a form of isolation of a minor in a special correctional and educational facility of a closed type. The reasons of occasional application of this measure are determined; proposals of this improvement are made. Taking into account, that a large amount of reasons is connected with bad legislative reglamentation of this measure, proposals on improvement of the existing legislation are given in the article.
Ключевые слова / Keywords:
a minor, a crime, a special correctional facility.
BLYAKHMAN B.YA. Blyakhman B.Ya. – Head of the Department of Theory and History of State and Law of GOU VPO Kemerovo State University, PhD in Law, Associate Professor
Juridical Education in Kuzbass, a Role and Place of Kemerovo State University (a Historic Review)
Страницы / Pages: 54-58
Аннотация / Annotation:
An author researches a historic process of development of juridical education in Kuzbass. Aspects of development of juridical educational institutions, and moments related to teaching staff training are considered in the article.
Ключевые слова / Keywords:
a history of education, juridical staff, specialists’ training in Kuzbass.
THEORY OF LAWАннотация / Annotation:
An author researches a historic process of development of juridical education in Kuzbass. Aspects of development of juridical educational institutions, and moments related to teaching staff training are considered in the article.
Ключевые слова / Keywords:
a history of education, juridical staff, specialists’ training in Kuzbass.
SAFRONOVA E.V. Safronova E.V. – Professor of the Department of Theory and History of State and Law of Belgorod State University, Doctor of Law, Professor
LOBA V.E. Loba V.E. – Head of the Department of Organization of NIR and OKR of Armavir State Pedagogic Academy, PhD in Law
Classical School of Criminal Law of a Concept and Purposes of Punishment
Страницы / Pages: 59-69
Аннотация / Annotation:
Studying of criminal law should not be limited by analysis of the existing legislation and court practice. Issues of criminal and legal doctrines should be considered in details, because state legal ideology, which expresses realities of a historic period, is based on them. Also we can not act without knowledge about the existed and existing schools of criminal law.
Ключевые слова / Keywords:
a classical school of criminal law, a concept of punishment, purposes of punishment.
Аннотация / Annotation:
Studying of criminal law should not be limited by analysis of the existing legislation and court practice. Issues of criminal and legal doctrines should be considered in details, because state legal ideology, which expresses realities of a historic period, is based on them. Also we can not act without knowledge about the existed and existing schools of criminal law.
Ключевые слова / Keywords:
a classical school of criminal law, a concept of punishment, purposes of punishment.
LANOVAYA G.M. Lanovaya G.M. – Associate Professor of the Department of Theory of State and Law of Moscow University of the Ministry of Internal Affairs, PhD in Law
Distinctive Features of Modern Law
Страницы / Pages: 70-76
Аннотация / Annotation:
The article covers specification and contents of a category ‘modern law’. Existing approaches to understanding of modern law are investigated. Formal criteria of modernity of law, and specific of qualitative characteristics are specified. A problem of interaction between special features of modern law and challenges of its development.
Ключевые слова / Keywords:
law, modern law, modern state, tendencies of development of law.
Аннотация / Annotation:
The article covers specification and contents of a category ‘modern law’. Existing approaches to understanding of modern law are investigated. Formal criteria of modernity of law, and specific of qualitative characteristics are specified. A problem of interaction between special features of modern law and challenges of its development.
Ключевые слова / Keywords:
law, modern law, modern state, tendencies of development of law.
EREMENKO A.S. Eremenko A.S. – Associate Professor of the Department of Legal Support of Market Economy of the Russian Academy of National Economy and State Service under the President of the Russian Federation, PhD in Law, Associate Professor
A Concept of Systematics of a Civil Law: Setting a Problem
Страницы / Pages: 77-82
Аннотация / Annotation:
Issues of juridical systematics, considerd through a prism of a concept ‘civil law enforcement’ are set in the article. An author investigated a circle of problems, on which a complex of ‘systematics of civil law’ is based, and describes modern processes of development of a doctrine of civilized systematics in Russia.
Ключевые слова / Keywords:
a theory of law, civil law, juridical systematics, civil legislation, law enforcement.
Аннотация / Annotation:
Issues of juridical systematics, considerd through a prism of a concept ‘civil law enforcement’ are set in the article. An author investigated a circle of problems, on which a complex of ‘systematics of civil law’ is based, and describes modern processes of development of a doctrine of civilized systematics in Russia.
Ключевые слова / Keywords:
a theory of law, civil law, juridical systematics, civil legislation, law enforcement.
KONAREV S.V. Konarev S.V. – Applicant of the Department of Theory of State and Law of Moscow University of the Ministry of Internal Affairs of Russia
Valuable Elements in Contents of Legal Behavior
Страницы / Pages: 83-89
Аннотация / Annotation:
An attempt of axiological thinking of legal behavior is made in the article. An author shows valuable elements in contents of legal behavior, and it enables to determine its charecteristics. Great attention is paid to the research of legal qualities of a person.
Ключевые слова / Keywords:
values, legal behavior, legal qualities, a motive, will, freedom.
Аннотация / Annotation:
An attempt of axiological thinking of legal behavior is made in the article. An author shows valuable elements in contents of legal behavior, and it enables to determine its charecteristics. Great attention is paid to the research of legal qualities of a person.
Ключевые слова / Keywords:
values, legal behavior, legal qualities, a motive, will, freedom.
MINAKOVA E.M. Minakova E.M. – Adjunct of the Department of Theory of State and Law of Moscow University of the Ministry of Internal Affairs of Russia
An idea of juridical responsibility in russian legal thought as a synthesis of religious, juridical, and moral interpretation of law
Страницы / Pages: 90-96
Аннотация / Annotation:
Singularity of understanding of juridical responsibility in Russian Legal Thought in 18th-20th centuries is described in the article. Variety of views in Russian philosophy of law is based on breakaway of Western tradition of consideration of responsibility as an exclusive juridical event.
Ключевые слова / Keywords:
juridical responsibility, a punishment, a sin, citizenship, jurisdiction, fault, freedom, a type of relationship, an idea.
DISCUSSING A PROBLEM Аннотация / Annotation:
Singularity of understanding of juridical responsibility in Russian Legal Thought in 18th-20th centuries is described in the article. Variety of views in Russian philosophy of law is based on breakaway of Western tradition of consideration of responsibility as an exclusive juridical event.
Ключевые слова / Keywords:
juridical responsibility, a punishment, a sin, citizenship, jurisdiction, fault, freedom, a type of relationship, an idea.
KOBZAREV V.I. Kobzarev V.I. – Senior Teacher of Belgorod MUH Branch, PhD in Philisophy
Comparative and Legal Aspect of Institutions of Insurance: Joint and Commercial One
Страницы / Pages: 97-104
Аннотация / Annotation:
Actuality of insurance as juridical and economic categories, special features of institutes of joint and commercial insurance is considered in the article. Positions of civilists’ views of nature and legal concepts of two forms of insurance are investigated. A comparative analysis of joint and commercial insurance taking into account specifics of principles of oragnziation and functioning is conducted.
Ключевые слова / Keywords:
insurance law and business, joint and commercial insurance, an insurance contract, an insurance foundation.
Аннотация / Annotation:
Actuality of insurance as juridical and economic categories, special features of institutes of joint and commercial insurance is considered in the article. Positions of civilists’ views of nature and legal concepts of two forms of insurance are investigated. A comparative analysis of joint and commercial insurance taking into account specifics of principles of oragnziation and functioning is conducted.
Ключевые слова / Keywords:
insurance law and business, joint and commercial insurance, an insurance contract, an insurance foundation.
BARANOV V.D. Baranov V.D. – Associate Professor of the Department of Legal Support of Market Economy of the Russian Academy of National Economy and State Service under the President of the Russian Federation, PhD in Economics
Trade Policy of Russia: It’s Time for Serious Changes
Страницы / Pages: 105-114
Аннотация / Annotation:
The article covers analysis of state trade policy of Russia on the phase of completion of negotiations of accession to the WTO. The results in development of a legislative basis and approval of modern instruments of trade policy are considered. Appropriate proposals on approval of modern institutional fundamentals of trade policy of Russia in accordance with exisiting tasks of its membership in the WTO are given.
Ключевые слова / Keywords:
Russia, trade policy, GATT, GATS, WTO, foreign trade, service trade, trade aspects of copyrights, a custom union.
Аннотация / Annotation:
The article covers analysis of state trade policy of Russia on the phase of completion of negotiations of accession to the WTO. The results in development of a legislative basis and approval of modern instruments of trade policy are considered. Appropriate proposals on approval of modern institutional fundamentals of trade policy of Russia in accordance with exisiting tasks of its membership in the WTO are given.
Ключевые слова / Keywords:
Russia, trade policy, GATT, GATS, WTO, foreign trade, service trade, trade aspects of copyrights, a custom union.
GRIGORIEV O.V. Grigoriev O.V. – Teacher of Novosibirsk MUH Branch, PhD in Law
YATKEVICH O.G. Yatkevich O.G. – Head of the Department of Theory and History of State and Law of Novosibirsk Military Institute of Internal Forces of the Ministry of Internal Affairs of the Russian Federation, Adjunct of Saint-Petersburg Military Institute of Internal Forces of the Ministry of Internal Affairs of the Russian Federation
Juridical Protection of a Military Man as a Factor of Support of Internal and External Sustainability of the State
Страницы / Pages: 115-119
Аннотация / Annotation:
An analysis of factors, that are necessary for supporting high combativity of military men, methods of their social protection, including protection of their rights, freedoms, and interests, provided by the law, is given in the article. A concept and nature of judicial protection of military men is represented.
Ключевые слова / Keywords:
judicial protection, participants of relationships, rights and freedoms, military men, juridical warranties.
Аннотация / Annotation:
An analysis of factors, that are necessary for supporting high combativity of military men, methods of their social protection, including protection of their rights, freedoms, and interests, provided by the law, is given in the article. A concept and nature of judicial protection of military men is represented.
Ключевые слова / Keywords:
judicial protection, participants of relationships, rights and freedoms, military men, juridical warranties.
KALMYKOVA E.A. Kalmykova E.A. – Teacher of Juridical Disciplines of Voronezh Branch of the Modern University for the Humanities
Some Aspects of Implementation of Discretional Authorities of an Arbitration Court in Appeal Review of a Case
Страницы / Pages: 120-126
Аннотация / Annotation:
Some aspects of implmenetation of discretional authorities of an arbitration court in appeal review of a case are analyzed in the article. Legislative consolidation of juridical discretion of acceptance of additional evidences in appeal review of a case, based on modern theoretical developments taking into account disputes resolution practice, is proposed.
Ключевые слова / Keywords:
an arbitration process, an arbitration court, authorities of an arbitration court.
Аннотация / Annotation:
Some aspects of implmenetation of discretional authorities of an arbitration court in appeal review of a case are analyzed in the article. Legislative consolidation of juridical discretion of acceptance of additional evidences in appeal review of a case, based on modern theoretical developments taking into account disputes resolution practice, is proposed.
Ключевые слова / Keywords:
an arbitration process, an arbitration court, authorities of an arbitration court.
RAKHINMBERDIN K.KH. Rakhinmberdin K.Kh. – Head of the Department of Criminal Law and Procedures of Eastern-Kazakhstan State University in the name of S.Amanzholova, PhD in Law, Associate Professor
Criminal and Executive System of Kazakhstan and Religious Associations: a Vector of a Dialog and Partnership
Страницы / Pages: 127-139
Аннотация / Annotation:
A role of religious associations in a process of humanization of criminal and executive system of Kazakhstan is considered in the article.
Ключевые слова / Keywords:
humanization, a religion, a criminal and executive system, punishment, prisoners, a civil society.
Аннотация / Annotation:
A role of religious associations in a process of humanization of criminal and executive system of Kazakhstan is considered in the article.
Ключевые слова / Keywords:
humanization, a religion, a criminal and executive system, punishment, prisoners, a civil society.
MALOFEEV I.V. Malofeev I.V. – Associate Professor of the Institute for Retraining of Executive Staff and Specialists of the System of Social Protection of Moscow, PhD in Sociology
Development of a sphere of social services: a theoretical aspect
Страницы / Pages: 140-147
Аннотация / Annotation:
The article covers analysis of various sociological approaches to components of a sphere of social services. A social service as an object of legal relations and a regime of legal regulation of a sphere of social services based on distinction between a social service and social assistance, is analyzed in the article.
Ключевые слова / Keywords:
a sphere of social services, a social service, social servicing, social assistance.
A SCIENTIFIC DEBUT Аннотация / Annotation:
The article covers analysis of various sociological approaches to components of a sphere of social services. A social service as an object of legal relations and a regime of legal regulation of a sphere of social services based on distinction between a social service and social assistance, is analyzed in the article.
Ключевые слова / Keywords:
a sphere of social services, a social service, social servicing, social assistance.
ZAITSEV V.A. Zaitsev V.A. – Adjunct of the Department of Constitutional and International Law of Saint-Petersburg University of the Ministry of Internal Affairs of Russia
Migrants in modern Russia: control over education
Страницы / Pages: 148-155
Аннотация / Annotation:
In modern Russia problems of migration becomes more serious day by day. Events, occured on Manezhnaya Square in Moscow in 2010, demonstrated problems in interethnic relations and arising distaste of indigenous population and migrants for each other. For pulling these difficulties through it is necessary to change migration policy, first of all, control in mirgation sphere and development of a program of education of migrants.
Ключевые слова / Keywords:
migration, migrants, labor migrants, labor market, culture of behavior, education.
Аннотация / Annotation:
In modern Russia problems of migration becomes more serious day by day. Events, occured on Manezhnaya Square in Moscow in 2010, demonstrated problems in interethnic relations and arising distaste of indigenous population and migrants for each other. For pulling these difficulties through it is necessary to change migration policy, first of all, control in mirgation sphere and development of a program of education of migrants.
Ключевые слова / Keywords:
migration, migrants, labor migrants, labor market, culture of behavior, education.
SHCHERBINA I.S. Shcherbina I.S. – Teacher of the Department of Law of Troitsk Branch of GOU VPO ‘Chelyabinsk State University’
Problem Issues of Components of Crime Set in the Article 1411 of the Criminal Code of the Russian Federation
Страницы / Pages: 156-163
Аннотация / Annotation:
Problem issues of components of crime, set in the Article 1411 for the Criminal Code of the Russian Federation ‘Breach of Order of Financing of an Elective Campaign of a Candidate, Electoral Association, Activity of Referendum Initiative Group’, including methods of conducting a crime, breaking the set order of financial support for an elective campaign, referendum campaigns, etc., are considered in the article.
Ключевые слова / Keywords:
breach of order of financing of an elective campaign, a referendum campaign, methods of conducting crimes, forms of material (financial) support, a large amount of means for conducting a crime.
Аннотация / Annotation:
Problem issues of components of crime, set in the Article 1411 for the Criminal Code of the Russian Federation ‘Breach of Order of Financing of an Elective Campaign of a Candidate, Electoral Association, Activity of Referendum Initiative Group’, including methods of conducting a crime, breaking the set order of financial support for an elective campaign, referendum campaigns, etc., are considered in the article.
Ключевые слова / Keywords:
breach of order of financing of an elective campaign, a referendum campaign, methods of conducting crimes, forms of material (financial) support, a large amount of means for conducting a crime.
MELIKYAN A.V. Melikyan A.V. – MUH Postgraduate Student
A Russian Doctrine and Legal Practice of Legal Nature of a Contract of Factoring
Страницы / Pages: 164-170
Аннотация / Annotation:
The article covers legal nature of a contract of factoring. Parameters of factoring, which enable to limit it against civil and legal contracts, are considered in the article.
Ключевые слова / Keywords:
factoring, a financial agent, a triple contract, financial resources, a doctrine.
Аннотация / Annotation:
The article covers legal nature of a contract of factoring. Parameters of factoring, which enable to limit it against civil and legal contracts, are considered in the article.
Ключевые слова / Keywords:
factoring, a financial agent, a triple contract, financial resources, a doctrine.
PLATOSHIN YU.A. Platoshin Yu.A. – Inspector RPPSM of Balashovskiy UVD
A Nature of Latent Criminality
Страницы / Pages: 171-176
Аннотация / Annotation:
Classification of crimes based on coefficient latency is given in the article; factors stipulating existance of latent criminality are given; consequences of existance of latent criminality for the state and citizens and measures for fighting against this are described.
Ключевые слова / Keywords:
latent criminality, a coefficiet of latency, natural and artifical latency.
Аннотация / Annotation:
Classification of crimes based on coefficient latency is given in the article; factors stipulating existance of latent criminality are given; consequences of existance of latent criminality for the state and citizens and measures for fighting against this are described.
Ключевые слова / Keywords:
latent criminality, a coefficiet of latency, natural and artifical latency.
BELGORODTSEVA N.G. Belgorodtseva N.G. – Postgraduate Student of the Depatment of Theory and History of State and Law of the International Juridical Institute
Special Features of Legal Regulation in a Field of Personal Information Protection
Страницы / Pages: 177-180
Аннотация / Annotation:
It is stated in the article, that a problems in researching a process of implementation of legal rules, providing personal information protection (including information about person’s private life, his/her family, labor acivity, social or economic status, etc.) can be resolved through introduction an effective legal regulation of relations in a field of their application.
Ключевые слова / Keywords:
implementation of legal rules, personal data protection, statements of a legislative basis, the rules of law, legal regulation, protection of legal rights and interests of citizens.
REVIEWSАннотация / Annotation:
It is stated in the article, that a problems in researching a process of implementation of legal rules, providing personal information protection (including information about person’s private life, his/her family, labor acivity, social or economic status, etc.) can be resolved through introduction an effective legal regulation of relations in a field of their application.
Ключевые слова / Keywords:
implementation of legal rules, personal data protection, statements of a legislative basis, the rules of law, legal regulation, protection of legal rights and interests of citizens.
LORCHENOV V.V. Lorchenov V.V. – Professor of the Department of State Administration, Legal Support of State and Municipal Service of the Russian Academy of National Economy and State Service under the President of the Russian Federation, Doctor of Sociological Sciences
Regulation of Sport Relations in France: an Approach based on Codification
Страницы / Pages: 181-184
Аннотация / Annotation:
The article is a review of interpretation and comments of A. Soloviev to the Legislative Part and Procedural Part (Decrees) of the Sport Code of France (2009 and 2010 editions).
Ключевые слова / Keywords:
a code, codification, the Sport Code, sport, juridical interpretation, interpretation of law.
Аннотация / Annotation:
The article is a review of interpretation and comments of A. Soloviev to the Legislative Part and Procedural Part (Decrees) of the Sport Code of France (2009 and 2010 editions).
Ключевые слова / Keywords:
a code, codification, the Sport Code, sport, juridical interpretation, interpretation of law.