Право и образование
№ 05 • 2012
MODERN EDUCATION
NOVIKOVA E.YU. Novikova E.Yu. – Professor of the Department of Philosophy of Russian Economic University in the name of G.V. Plekhanov, Doctor of Philosophy
A Competence Approach in Human Education of Foreign Students
Страницы / Pages: 4-13
Аннотация / Annotation:
A competence approach concerning study of a cycle of social and human disciplines by foreign students in Russian universities is considered in the article. It is represented a meaning of social and cultural principles in education. Investigating settings in relation to common cultural and professional competences shows differences in assessments of their value for Russian and foreign students.
Ключевые слова / Keywords:
human education, foreign students, competences, a social and cultural approach in education, methods of education, professionalism.
Аннотация / Annotation:
A competence approach concerning study of a cycle of social and human disciplines by foreign students in Russian universities is considered in the article. It is represented a meaning of social and cultural principles in education. Investigating settings in relation to common cultural and professional competences shows differences in assessments of their value for Russian and foreign students.
Ключевые слова / Keywords:
human education, foreign students, competences, a social and cultural approach in education, methods of education, professionalism.
EROVENKO V.A. Erovenko V.A. – Head of the Department of General Mathematics of Belorussian State University, Doctor of Physics and Mathematics, Professor
PHILOSOPHIC AND MATHEMATICAL REFLECTION AS ARISING OF AN INTELLIGENT COMPETENCE OF LAWYERS
Страницы / Pages: 14-23
Аннотация / Annotation:
Necessity of mathematical component of university juridical education is reasoned in the article from the point of view of philosophy of education. It is focused on development of a necessary intelligent competence of lawyers. Building a course of mathematics on the basis of existing juridical experience a principle of philosophic and mathematical reflection is considered as an ability of transfer to a qualitatively new level of university education.
Ключевые слова / Keywords:
philosophic reflection, mathematical education of lawyers, an intelligent competence.
Аннотация / Annotation:
Necessity of mathematical component of university juridical education is reasoned in the article from the point of view of philosophy of education. It is focused on development of a necessary intelligent competence of lawyers. Building a course of mathematics on the basis of existing juridical experience a principle of philosophic and mathematical reflection is considered as an ability of transfer to a qualitatively new level of university education.
Ключевые слова / Keywords:
philosophic reflection, mathematical education of lawyers, an intelligent competence.
ASTAFIEV N.V. Astafiev N.V. – Head of the Department for Fire, Physical, Tactic and Special Training and Operative Planning of Tyumen Institute for Professional Training for Officers of the Ministry of Internal Affairs of Russia, Doctor of Pedagogy, Professor
Integration of Scientific and Research Work of Scientists and Scientific Works of Teaching Staff in the Institute for Professional Training of the Ministry of Internal Affairs of Russia
Страницы / Pages: 24-31
Аннотация / Annotation:
The article covers a problem of organization of scientific and research work of students of the institute for professional training of the Ministry of Internal Affairs of Russia. Studying of pedagogic conditions of an educational process on programs of short-time professional training shows practicability of integration of scientific and research work of students and a teaching staff. Necessity of support of interaction with practicing authorities and actuality of practical scientific researches are shown; directions of scientific researches are specified.
Ключевые слова / Keywords:
a scientific and research work, a practical direction, integration.
Аннотация / Annotation:
The article covers a problem of organization of scientific and research work of students of the institute for professional training of the Ministry of Internal Affairs of Russia. Studying of pedagogic conditions of an educational process on programs of short-time professional training shows practicability of integration of scientific and research work of students and a teaching staff. Necessity of support of interaction with practicing authorities and actuality of practical scientific researches are shown; directions of scientific researches are specified.
Ключевые слова / Keywords:
a scientific and research work, a practical direction, integration.
GORSHENIN A.YU. Gorshenin A.Yu. – Associate Professor of the Department of Computer Engineering of Pskov State Pedagogic Univesity, PhD in Technical Sciences, Associate Professor
A Telecommunication Educational Project (Aspects of a Copyright and Patent Law)
Страницы / Pages: 32-38
Аннотация / Annotation:
Issues of utilization of a copyright and patent law in case of implementation of a special telecommunication education project focused on development of software and hardware for distance education are considered in the article.
Ключевые слова / Keywords:
a copyright and patent law, a telecommunication educational project, mobile multimedia devices.
EDUCATION AND SPORT LAWАннотация / Annotation:
Issues of utilization of a copyright and patent law in case of implementation of a special telecommunication education project focused on development of software and hardware for distance education are considered in the article.
Ключевые слова / Keywords:
a copyright and patent law, a telecommunication educational project, mobile multimedia devices.
PONKIN I.V. Ponkin I.V. – Professor of the Department of Legal Support of State and Municipal Service of the International Institute of State Service and Administration of Russian Academy of Public Economics and State Service under the President of the Russian Federation, Doctor of Law
Modern State and Challenges of Implementation of Educational Programs of Baccalaureate, Master, and Supplementary Education in a Sphere of Sport Law
Страницы / Pages: 39-47
Аннотация / Annotation:
The article covers a review of modern state and challenges of implementation of educational programs of baccalaureate and master programs of jurists and programs of supplementary professional education in a field of sport law in Russia.
Ключевые слова / Keywords:
juridical education, sport law, sport, master degree studies, baccalaureate, supplementary profesional education, higher education.
Аннотация / Annotation:
The article covers a review of modern state and challenges of implementation of educational programs of baccalaureate and master programs of jurists and programs of supplementary professional education in a field of sport law in Russia.
Ключевые слова / Keywords:
juridical education, sport law, sport, master degree studies, baccalaureate, supplementary profesional education, higher education.
SERDYUKOV A.V. Serdyukov A.V. – Associate Professor of the Department of Theory of Law and Comparative Legal Studies of the National Research University ‘Higher School of Economics’, PhD in Law
Delimitation of Education and Sport Training
Страницы / Pages: 48-55
Аннотация / Annotation:
The article covers an issue of legislative delimitation of educational and sport training within the context of changes adopted in the end of 2011 to the Federal Law ‘Physical training and Sport in the Russian Federation’ and development a draft of a new federal law of “Education in the Russian Federation’. The author specifies existing and possible problems and collisions and proposes ideas for further improvements of the legislation in a field of regulation of sport training.
Ключевые слова / Keywords:
a sport law, sport training, sport schools, educational organizations of supplementary education.
THEORY OF LAWАннотация / Annotation:
The article covers an issue of legislative delimitation of educational and sport training within the context of changes adopted in the end of 2011 to the Federal Law ‘Physical training and Sport in the Russian Federation’ and development a draft of a new federal law of “Education in the Russian Federation’. The author specifies existing and possible problems and collisions and proposes ideas for further improvements of the legislation in a field of regulation of sport training.
Ключевые слова / Keywords:
a sport law, sport training, sport schools, educational organizations of supplementary education.
BERLYAVSKIY L.G. Berlyavskiy L.G. – Professor of the Department of Constitutional and Municipal Law of Rostov State Economic University ‘RINKH’, Doctor of History, PhD in Law
SHMATOVA E.S. Shmatova E.S. – Associate Professor of the Department of Theory of State and Law and Russian History of South and Russian State Technical University (Novocherkassk Polytechnical Institute), PhD
A Legal Provision as a Basic Concept of Jurisprudence
Страницы / Pages: 56-63
Аннотация / Annotation:
A concept of legal provision as a basic concept of jurisprudence is actualized in the article. Natural properties of a legal provision and its specifics are considered. Some interpretations of a legal provision are represented. A general classification of legal provisions in a theory of law is given; main groups of legal provisions are set. Conclusions concerning social nature of a legal provision and its role as an element of a system of law are given. A role of legal provisions in development of a legal policy of the state is determined.
Ключевые слова / Keywords:
a legal provision, positive.
Аннотация / Annotation:
A concept of legal provision as a basic concept of jurisprudence is actualized in the article. Natural properties of a legal provision and its specifics are considered. Some interpretations of a legal provision are represented. A general classification of legal provisions in a theory of law is given; main groups of legal provisions are set. Conclusions concerning social nature of a legal provision and its role as an element of a system of law are given. A role of legal provisions in development of a legal policy of the state is determined.
Ключевые слова / Keywords:
a legal provision, positive.
VASILIEV A.M. Vasiliev A.M. – Head of the Department of Legal Disciplines of Armavir State Pedagogic Academy, Doctor of History, PhD in Law, Associate Professor
VASILIEVA S.M. Vasilieva S.M. – Officer of the Investigation Department of Otradnoe ROVD
A GENESIS, CONCEPT AND PARAMETERS OF A LEGAL CUSTOM
MARKIN A.V. Markin A.V. – Head of the Department of Civil Law and Procedures of Toliatti State University, PhD in Law
Universal Law and Liability
Страницы / Pages: 75-81
Аннотация / Annotation:
The article covers a problem of introduction of a unified concept of law within the frameworks of super juridical positivism. A problem of ratio between a philosophic knowledge of law and a theory of extreme juridical positivism is discussed. Nonproductiveness of getting philosophic generalizations by methods of extreme juridical positivism is reasoned.
Ключевые слова / Keywords:
philosophy, a theory, law, universal, a concept, jurisprudence, a nature, positivism, knowledge, a science, a methodology.
Аннотация / Annotation:
The article covers a problem of introduction of a unified concept of law within the frameworks of super juridical positivism. A problem of ratio between a philosophic knowledge of law and a theory of extreme juridical positivism is discussed. Nonproductiveness of getting philosophic generalizations by methods of extreme juridical positivism is reasoned.
Ключевые слова / Keywords:
philosophy, a theory, law, universal, a concept, jurisprudence, a nature, positivism, knowledge, a science, a methodology.
ZHILTSOV N.A. Zhiltsov N.A. – Director of NOU VPO ‘International Juridical Institute’ PhD in Law, Professor
Methodological Aspects of Studying of a Law-Enforcement System of Russia
Страницы / Pages: 82-87
Аннотация / Annotation:
The article covers methodological aspects of a research of a process of development of a law-enforcement system in Russia.
Ключевые слова / Keywords:
methodological aspects, a theoretical and methodological analysis, system, historic, legal, comparative, axiological methods of an analysis, systematization of legal knowledge.
Аннотация / Annotation:
The article covers methodological aspects of a research of a process of development of a law-enforcement system in Russia.
Ключевые слова / Keywords:
methodological aspects, a theoretical and methodological analysis, system, historic, legal, comparative, axiological methods of an analysis, systematization of legal knowledge.
LOPATINA T.M. Lopatina T.M. – Professor of Smolensk Human University, Doctor of Law
Theoretical Aspects of Investigation of Dependent Behavior of Personality
Страницы / Pages: 88-96
Аннотация / Annotation:
Author’s point of view on a problem of dependent behavior, its criminal specifics, determinants of external conditions of an interacting environment and external general social conditions and interpersonal reasons is represented in the article.
Ключевые слова / Keywords:
a dependent behavior, criminal deviant behavior, parameters of deviant behavior, addiction, deadaptation, determinants of dependent behavior of a personality, external conditions, interpersonal reasons.
DISCUSSING A PROBLEMАннотация / Annotation:
Author’s point of view on a problem of dependent behavior, its criminal specifics, determinants of external conditions of an interacting environment and external general social conditions and interpersonal reasons is represented in the article.
Ключевые слова / Keywords:
a dependent behavior, criminal deviant behavior, parameters of deviant behavior, addiction, deadaptation, determinants of dependent behavior of a personality, external conditions, interpersonal reasons.
POPOV V.I. Popov V.I. – Honoured Jurist of the Russian Federation, Doctor of Law, Professor, Academician of the Russian Academy of Natural Sciences
CORRUPTION AS A THREAT FOR NATIONAL SECURITY
Страницы / Pages: 97-105
Аннотация / Annotation:
The article covers an analysis of factors of trasformation of corruption into a threat for national security and ties of this process with a character of economic policy, legislative regulation of private property. Great attention is paid to offshore economics as a corruption project and consideration of anti-corruption proposals.
Ключевые слова / Keywords:
corruption, privatization, actives in offshore, valuable settings, a quality of population, legal consciousness, modernization of economics, state ideology.
Аннотация / Annotation:
The article covers an analysis of factors of trasformation of corruption into a threat for national security and ties of this process with a character of economic policy, legislative regulation of private property. Great attention is paid to offshore economics as a corruption project and consideration of anti-corruption proposals.
Ключевые слова / Keywords:
corruption, privatization, actives in offshore, valuable settings, a quality of population, legal consciousness, modernization of economics, state ideology.
KERIMOV A.D. Kerimov A.D. – Professor of the Department of Constitutional Law of the Russian Academy of Public Economics and State Service under the President of the Russian Federation, Doctor of Law, Professor
NURIEV G.KH. Nuriev G.Kh. – Associate Professor of the Department for Constitutional and Municipal Law of Russian State Trade and Economic University, PhD in Law
Utilization of Principles of Classic Court Procedures concerning Court Judgements and Their Contents in Constitutional Court Procedures of European States
Страницы / Pages: 106-111
Аннотация / Annotation:
The article covers principles of classic court procedures concerning court judgements and their contents including collegiateness of judgements, secrecy of judge’s conference, legality, constitutionality and relevancy of judgements, that are used in constitutional court procedures of European states.
Ключевые слова / Keywords:
a principle of course of justice, constitutional justice, collegiateness of judgements, secrecy of conference, legality, relevance of a court judgement, a constitutional court, constitutional control, legislation, legitimate.
Аннотация / Annotation:
The article covers principles of classic court procedures concerning court judgements and their contents including collegiateness of judgements, secrecy of judge’s conference, legality, constitutionality and relevancy of judgements, that are used in constitutional court procedures of European states.
Ключевые слова / Keywords:
a principle of course of justice, constitutional justice, collegiateness of judgements, secrecy of conference, legality, relevance of a court judgement, a constitutional court, constitutional control, legislation, legitimate.
GUSEVA T.A. Guseva T.A. – Professor of the Department of Financial and Entrepreneurship Law of the Juridical Institute of FGBOU ‘State University’ Doctor of Law
Financial Literacy of Population and an Educational Process
Страницы / Pages: 112-118
Аннотация / Annotation:
The author of the article reasons that teaching of financial literacy of schoolchildren is an important mean of long-term improving of a world financial system and an effective measure of support of quality management standards. An analysis of various financial instruments is represented.
Ключевые слова / Keywords:
an educational process, finances, financial literacy, personal finances, population’s literacy.
Аннотация / Annotation:
The author of the article reasons that teaching of financial literacy of schoolchildren is an important mean of long-term improving of a world financial system and an effective measure of support of quality management standards. An analysis of various financial instruments is represented.
Ключевые слова / Keywords:
an educational process, finances, financial literacy, personal finances, population’s literacy.
LEPEKHIN A.A. Lepekhin A.A. – Professor of the Department of Theory and History of State and Law of Astrakhan Branch of the International Juridical Institute, Doctor of Law
Civil Society and State Power
Страницы / Pages: 119-123
Аннотация / Annotation:
Interaction of civil society and state power is considered in the article. The author tells about specifics of development of a civil society and influence of institutes of civil society on state power.
Ключевые слова / Keywords:
a civil society, legal consciousness, public control, state power.
Аннотация / Annotation:
Interaction of civil society and state power is considered in the article. The author tells about specifics of development of a civil society and influence of institutes of civil society on state power.
Ключевые слова / Keywords:
a civil society, legal consciousness, public control, state power.
GRIGORIEV O.V. Grigoriev O.V. – Teacher of Novosibirsk MUH Branch, PhD in Law
KOMISSAROV A.V. Komissarov A.V. – Head of the Department for Criminal and Civil Law of Novosibirsk Military Institute of Internal Forces of the Ministry of Internal Affairs of Russia, Associate Professor
Problems of Implementation of Initial Legal Regulations in Activity of Special State and Legal Institutions
Страницы / Pages: 124-129
Аннотация / Annotation:
The article covers issues of implementation of initial legal regulations in activities of law-enforcement authorities. An analysis of various points on view related to determination of law-enforcement authorities and principles of law is conducted. A role of principles of law in legal regulation of activities of law-enforcement authorities is shown.
Ключевые слова / Keywords:
a system of legal regulation, law-enforcement authorities, principles of law, law enforcement activities.
Аннотация / Annotation:
The article covers issues of implementation of initial legal regulations in activities of law-enforcement authorities. An analysis of various points on view related to determination of law-enforcement authorities and principles of law is conducted. A role of principles of law in legal regulation of activities of law-enforcement authorities is shown.
Ключевые слова / Keywords:
a system of legal regulation, law-enforcement authorities, principles of law, law enforcement activities.
BORISOV A.S. Borisov A.S. – Associate Professor of the Department of Theory and History of State and Law of Orel Regional Academy for State Services, PhD in Law
KAMINSKAYA E.A. Kaminskaya E.A. – Applicant of the Department of Theory and History of State and Law of Orel Regional Academy of State Service
Some aspects of constitutional and legal liability of a representative organ of a municipal education for adoption of an illegal regulatory act
Страницы / Pages: 130-133
Аннотация / Annotation:
Main aspects of juridical liability on a municipal level are considered in the article. Great attention is paid to problems of juridical liability of representative organs of a municipal education for quality of adopted regulatory acts.
Ключевые слова / Keywords:
PAGES OF HISTORYАннотация / Annotation:
Main aspects of juridical liability on a municipal level are considered in the article. Great attention is paid to problems of juridical liability of representative organs of a municipal education for quality of adopted regulatory acts.
Ключевые слова / Keywords:
MARTYNOV V.F. Martynov V.F. – Associate Professor of the Department of Economics and Management of the State Engineering and Economic University, Saint-Petersburg, PhD in Law
Development of a Disciplinary Behavior of Future Officers in Military Educational Institutions of Russia in the second half of 19th and in the beginning of 20th century
Страницы / Pages: 134-141
Аннотация / Annotation:
Experience of educational work in development of disciplinary behavior of future officers in military educational institutions in Russian in the second half of 19th- in the beginning of 20th century is shown in the article. Ideological fundamentals, targets and tasks of moral education of future officers and mechanisms, that enable to develop disciplinary behavior of cadets and junkers, are shown in the article.
Ключевые слова / Keywords:
a disciplinary behavior, military educational institutions, spiritual and moral behavior, authorities of military administration, trainers, commanders, teachers.
Аннотация / Annotation:
Experience of educational work in development of disciplinary behavior of future officers in military educational institutions in Russian in the second half of 19th- in the beginning of 20th century is shown in the article. Ideological fundamentals, targets and tasks of moral education of future officers and mechanisms, that enable to develop disciplinary behavior of cadets and junkers, are shown in the article.
Ключевые слова / Keywords:
a disciplinary behavior, military educational institutions, spiritual and moral behavior, authorities of military administration, trainers, commanders, teachers.
CHERDAKOV O.I. Cherdakov O.I. – Vice-Rector in Educational and Scientific Work of the International Juridical Institution, Doctor of Law, Professor
A Role of a Law-Enforcement System in Implementation of Repression Policy in the USSR
Страницы / Pages: 142-145
Аннотация / Annotation:
Specifics of functioning of law-enforcement system in Soviet Russia in post-revolution decades are described in the article.
Ключевые слова / Keywords:
Soviet law-enforcement system, Soviet state, administration measures, law-enforcement agencies, specifics of law-enforcement relations.
Аннотация / Annotation:
Specifics of functioning of law-enforcement system in Soviet Russia in post-revolution decades are described in the article.
Ключевые слова / Keywords:
Soviet law-enforcement system, Soviet state, administration measures, law-enforcement agencies, specifics of law-enforcement relations.
ZHILTSOV S.V. Zhiltsov S.V. – Professor of the Department of History of State and Law of Toliatti State University, Doctor of Law, Associate Professor
A Legal Status of a World Court during Development of a Court System in the Russian Federation
Страницы / Pages: 146-153
Аннотация / Annotation:
The article covers actual problems of a world court in history of Russia. Main material covers formation and development of a world court in the Russian Federation. Problems of a legal status and competence of a world court in the Russian Federation in accordance with the legislation of the Russian Federation are considered in the article.
Ключевые слова / Keywords:
a world court, a world judge, a judicial system, a judicial reform.
Аннотация / Annotation:
The article covers actual problems of a world court in history of Russia. Main material covers formation and development of a world court in the Russian Federation. Problems of a legal status and competence of a world court in the Russian Federation in accordance with the legislation of the Russian Federation are considered in the article.
Ключевые слова / Keywords:
a world court, a world judge, a judicial system, a judicial reform.
OSPENNIKOV YU.V. Ospennikov Yu.V. – Professor of the Department of State and Legal Disciplines of Samara Juridical Institute of FSIn of Russia, Doctor of Law
Board Judgements as a Source of Russian Law in 11–14th centuries
Страницы / Pages: 154-161
Аннотация / Annotation:
Systematization of a group of sources of ancient Russian law such as solutions of church boards is proposed in the article. Types of church boards are represented and charceteristics of the most important judgements are given.
Ключевые слова / Keywords:
Ancient Russian law, a church law, a church board, board negotiations.
Аннотация / Annotation:
Systematization of a group of sources of ancient Russian law such as solutions of church boards is proposed in the article. Types of church boards are represented and charceteristics of the most important judgements are given.
Ключевые слова / Keywords:
Ancient Russian law, a church law, a church board, board negotiations.
PECHNIKOVA O.G. Pechnikova O.G. – Associate Professor of the Department of State and Legal Disciplines of the University of Russian Academy of Education, PhD in Law
Legal Regulation of Medical Education in the Russian Empire in the end of 18th century
Страницы / Pages: 162-166
Аннотация / Annotation:
The article covers legal regulation of medical education in the Russian state in the end of 18th century under Peter the Great. Great attention is paid to development of medical educational institutions in the investigated period of time. Legal status of medical men and financial support of medical services including medical education.
Ключевые слова / Keywords:
medicine, a medical board, a professor, education, a medical college, a medical science, a hospital, a doctor.
A SCIENTIFIC DEBUTАннотация / Annotation:
The article covers legal regulation of medical education in the Russian state in the end of 18th century under Peter the Great. Great attention is paid to development of medical educational institutions in the investigated period of time. Legal status of medical men and financial support of medical services including medical education.
Ключевые слова / Keywords:
medicine, a medical board, a professor, education, a medical college, a medical science, a hospital, a doctor.
RYAZANOVA N.A. Ryazanova N.A. – Adjunct of the Department of Theory of State and Law of Moscow University of the Ministry of Internal Affairs of Russia
A concept of eligiblity in a juridical theory
Страницы / Pages: 167-172
Аннотация / Annotation:
Specifics of modern understanding as a category of a juridical theory are determined; a nature and contents of eligibility are set.
Ключевые слова / Keywords:
a law, eligibility, eligible behavior, legal activity, legal consciousness, legal values.
Аннотация / Annotation:
Specifics of modern understanding as a category of a juridical theory are determined; a nature and contents of eligibility are set.
Ключевые слова / Keywords:
a law, eligibility, eligible behavior, legal activity, legal consciousness, legal values.
MAKSIMOV A.I. Maksimov A.I. – Postgraduate Student of the Department of Criminal Law of Toliatti State University in the name of V.N.Tatishchev
Punishments limiting Labor and Professional Activities in Russian Criminal Law from Ancient Times to 1917
Страницы / Pages: 173-178
Аннотация / Annotation:
Purpose, genesis and development of a system of punishments in Russian law is shown in the article.
Ключевые слова / Keywords:
punishment, professional and labor activity, defamation, political mortality, deprivation of rights, a sentence, imprisonment, hard labor.
Аннотация / Annotation:
Purpose, genesis and development of a system of punishments in Russian law is shown in the article.
Ключевые слова / Keywords:
punishment, professional and labor activity, defamation, political mortality, deprivation of rights, a sentence, imprisonment, hard labor.
GUZANOV D.E. Guzanov D.E. – Secretary of a Court Session of Bryansk Regional Court
Development of a legislation of unauthorized construction
Страницы / Pages: 179-186
Аннотация / Annotation:
A historic process of development of a legislation of unauthorized construction and main directions and challenges of development of Russian legislation in this sphere is investigated in the article.
Ключевые слова / Keywords:
unauthorized construction, superficies, real estate, a property right recognition.
Аннотация / Annotation:
A historic process of development of a legislation of unauthorized construction and main directions and challenges of development of Russian legislation in this sphere is investigated in the article.
Ключевые слова / Keywords:
unauthorized construction, superficies, real estate, a property right recognition.