Право и образование
№ 05 • 2013
EDUCATIONAL LAW
GAVRISHCHUK V.V. Gavrishchuk V.V. – Doctor of History, Professor
New Law of Education and Legistlative Challenges
Страницы / Pages: 4-13
Аннотация / Annotation:
An analysis of a situation related to adoption of the Federal Law ‘Education in the Russian Federation’ is given in the article. Its advantages and disadvantages are set. New drafts developed as amendments and additions to this Federal Law are estimated. A conclusion of a process of development of legislation in a sphere of education is made.
Ключевые слова / Keywords:
education, a law of education, an educational code, modernization of education, educationl law, legal regulation of education.
Аннотация / Annotation:
An analysis of a situation related to adoption of the Federal Law ‘Education in the Russian Federation’ is given in the article. Its advantages and disadvantages are set. New drafts developed as amendments and additions to this Federal Law are estimated. A conclusion of a process of development of legislation in a sphere of education is made.
Ключевые слова / Keywords:
education, a law of education, an educational code, modernization of education, educationl law, legal regulation of education.
SYUBAREVA I.F. Syubareva I.F. – Doctor of Pedagogy, PhD in Law
New Statements in the Legislation of Regulation of Economic Activity in a Sphere of Education
Страницы / Pages: 14-21
Аннотация / Annotation:
Articles of the Federal Law ‘Education in the Russian Federation’ are analyzed; they amend a sphere of legal regulation of economic activity in education. Great attention is paid specifics of legal regulation of economic ativity. It is stated that a special fundemantals of economic activity taking into account high social value of education.
Ключевые слова / Keywords:
legal regulation, a sphere of education, educational organization, economic activity, entrepreneurship activity.
Аннотация / Annotation:
Articles of the Federal Law ‘Education in the Russian Federation’ are analyzed; they amend a sphere of legal regulation of economic activity in education. Great attention is paid specifics of legal regulation of economic ativity. It is stated that a special fundemantals of economic activity taking into account high social value of education.
Ключевые слова / Keywords:
legal regulation, a sphere of education, educational organization, economic activity, entrepreneurship activity.
MATYUSHEVA T.N. Matyusheva T.N. – Doctor of Law, Associate Professor
Right for Education for Minor Prisoners: Regulations of International Law and the Federal Law No.273-FZ ‘Education of the Russian Federation’
Страницы / Pages: 22-31
Аннотация / Annotation:
The article covers a research of education of minor prisoners. By means of analysis of regulations of international law and the Federal Law No.273-FZ ‘Education in the Russian Federation’ dated December 29, 2012 it is concluded a necessity of international practice in development of Russian educational legislation.
Ключевые слова / Keywords:
children, a right for education, minor prisoners, FZ ‘Education in the Russian Federation’, regulations of an international law, rehabilitation.
Аннотация / Annotation:
The article covers a research of education of minor prisoners. By means of analysis of regulations of international law and the Federal Law No.273-FZ ‘Education in the Russian Federation’ dated December 29, 2012 it is concluded a necessity of international practice in development of Russian educational legislation.
Ключевые слова / Keywords:
children, a right for education, minor prisoners, FZ ‘Education in the Russian Federation’, regulations of an international law, rehabilitation.
BARABANOVA S.V. Barabanova S.V. – Doctor of Law, Associate Professor
KRAISMAN N.V. Kraisman N.V. – PhD in History, Associate Professor
New Aspects of Humanization of Education
Страницы / Pages: 32-37
Аннотация / Annotation:
The article covers an issue of necessity of studying humane law as an important factor supporting fixation and protection of rights and freedoms of a human being in military conflicts, emergency situations, and violation as forbidden actions in any situations is recognized as forbidden. Great attention is paid to humanization of military training for students.
Ключевые слова / Keywords:
international humane law, military conflicts, humanization, military training.
Аннотация / Annotation:
The article covers an issue of necessity of studying humane law as an important factor supporting fixation and protection of rights and freedoms of a human being in military conflicts, emergency situations, and violation as forbidden actions in any situations is recognized as forbidden. Great attention is paid to humanization of military training for students.
Ключевые слова / Keywords:
international humane law, military conflicts, humanization, military training.
MAKAROVA M.I.
Makarova M.I.
–
An Analysis of a Legal Base Regulating Educational Activities in a Field of E-Learning
Страницы / Pages: 38-44
Аннотация / Annotation:
Problems of legal regulation of e-learning and distance technologies before and after adoption of the Federal Law No.273-FZ ‘Education in the Russian Federation’ on December 29, 2012 are analyzed in the article. Also a need in implementing e-learning and applying distanbce eductional technologies is shown.
Ключевые слова / Keywords:
education, e-learning, distance educational technologies, an educational institution, e-university.
Аннотация / Annotation:
Problems of legal regulation of e-learning and distance technologies before and after adoption of the Federal Law No.273-FZ ‘Education in the Russian Federation’ on December 29, 2012 are analyzed in the article. Also a need in implementing e-learning and applying distanbce eductional technologies is shown.
Ключевые слова / Keywords:
education, e-learning, distance educational technologies, an educational institution, e-university.
PROKOFIEVA E.A. Prokofieva E.A. – PhD in History, Associate Professor
Sources of Educational Law: Pedagogic Views by N.I. Pirogov
Страницы / Pages: 45-52
Аннотация / Annotation:
The article covers pedagogic views by N.I.Pirogov when he was a curator of Kiev Educational District. All his authorities as a curator, civil pathos, energy and power of a serious scientist enabled him to combine a code of rules, that were oligatory rules for students, teachers, school administration; and pedagogic problems were considered as a legal norm.
Ключевые слова / Keywords:
educational law, N.I.Pirogov, circulars, issues of education and training, laws and liabilities of students, stimulations and punishments, physical punishments in educational institutions.
MODERN EDUCATIONАннотация / Annotation:
The article covers pedagogic views by N.I.Pirogov when he was a curator of Kiev Educational District. All his authorities as a curator, civil pathos, energy and power of a serious scientist enabled him to combine a code of rules, that were oligatory rules for students, teachers, school administration; and pedagogic problems were considered as a legal norm.
Ключевые слова / Keywords:
educational law, N.I.Pirogov, circulars, issues of education and training, laws and liabilities of students, stimulations and punishments, physical punishments in educational institutions.
FOMICHEV I.V. Fomichev I.V. – Doctor of History, Professor
‘Integration’ of Russia into the Bologna Process. What Will Be the Results?
Страницы / Pages: 53-67
Аннотация / Annotation:
The reasons, targets, and tasks of development of general European dimension of higher school are shown in the article. Main statements declared in the Bologna Declaration and further documents adopted by the countries-participants of the Bologna Process, and these documents are the basis of educational dimension. History of integration of Russia into the Bologna Process and related negative results for the Russian system of higher education are analyzed. A conclusion of necessity of a serious approach to participation of Russia in the Bologna Process is made.
Ключевые слова / Keywords:
The Bologna Declaration, The Bologna Process, European Dimension of Higher School, a bachelor, a master, doctor’s degree student, a credit system, education quality management, students’ and teachers’ mobility, graduates’ employment, supplementary education, life-long education, general European research dimension.
Аннотация / Annotation:
The reasons, targets, and tasks of development of general European dimension of higher school are shown in the article. Main statements declared in the Bologna Declaration and further documents adopted by the countries-participants of the Bologna Process, and these documents are the basis of educational dimension. History of integration of Russia into the Bologna Process and related negative results for the Russian system of higher education are analyzed. A conclusion of necessity of a serious approach to participation of Russia in the Bologna Process is made.
Ключевые слова / Keywords:
The Bologna Declaration, The Bologna Process, European Dimension of Higher School, a bachelor, a master, doctor’s degree student, a credit system, education quality management, students’ and teachers’ mobility, graduates’ employment, supplementary education, life-long education, general European research dimension.
NOVIKOVA E.YU. Novikova E.Yu. – PhD , Professor
Problems of a Credit-Rating University System
Страницы / Pages: 68-77
Аннотация / Annotation:
The article covers an analysis of problems of development and implementation of a credit-rating system in a Russian university. General methodical and special problems are set, usage of principles and methods developed by Russian and foreign psychologists is reasoned; data of an experimental research of a credit-rating system are analyzed.
Ключевые слова / Keywords:
a credit-rating system, motivation, independence, responsibility, progress in studies, control, justice, higher education.
Аннотация / Annotation:
The article covers an analysis of problems of development and implementation of a credit-rating system in a Russian university. General methodical and special problems are set, usage of principles and methods developed by Russian and foreign psychologists is reasoned; data of an experimental research of a credit-rating system are analyzed.
Ключевые слова / Keywords:
a credit-rating system, motivation, independence, responsibility, progress in studies, control, justice, higher education.
MOROZOVA S.A. Morozova S.A. – PhD in Pedagogy
Methods of Utilization of Memorials of Law in Legal Education
Страницы / Pages: 78-93
Аннотация / Annotation:
Methods of utilization of memorials of law in order to devlop and improve key competences such as a skill to work with texts are shown in the article; a problem of utilization of memorials as a mean of training and an object of training is actualized. The author proposes various activity-approach based forms and methods of inclusion of memorials of law into an educational process.
Ключевые слова / Keywords:
memorials of law, methasubjectivity of memorials of law, targets of utilization of memorials of law in legal education, juridical thinking, a laboratory work.
Аннотация / Annotation:
Methods of utilization of memorials of law in order to devlop and improve key competences such as a skill to work with texts are shown in the article; a problem of utilization of memorials as a mean of training and an object of training is actualized. The author proposes various activity-approach based forms and methods of inclusion of memorials of law into an educational process.
Ключевые слова / Keywords:
memorials of law, methasubjectivity of memorials of law, targets of utilization of memorials of law in legal education, juridical thinking, a laboratory work.
IVANOVA ZH.B. Ivanova Zh.B. – PhD in Law, Associate Professor
PLOTSKAYA O.A. Plotskaya O.A. – PhD in Law, Associate Professor
Innovative Binary Interaction as a System of Organization of a Process of Studying in Juridical Universities
Страницы / Pages: 94-100
Аннотация / Annotation:
The article covers an issue of implementation of innovative educational process in conditions of the Federal State Educational Standard. The author represents a possible variation of utilization of innovative pedagogic technologies on a case of binary lesson. A conclusion of utilization of interactive and active technologies of teaching as one of components that enables to make an innovative system developing a competence approach from an educational process, is made.
Ключевые слова / Keywords:
law, binary interaction, a competence approach, interactive forms of teaching.
Аннотация / Annotation:
The article covers an issue of implementation of innovative educational process in conditions of the Federal State Educational Standard. The author represents a possible variation of utilization of innovative pedagogic technologies on a case of binary lesson. A conclusion of utilization of interactive and active technologies of teaching as one of components that enables to make an innovative system developing a competence approach from an educational process, is made.
Ключевые слова / Keywords:
law, binary interaction, a competence approach, interactive forms of teaching.
SEREGINA O.L. Seregina O.L. – PhD in Law, Associate Professor
Technologies of Implementation of a Discipline ‘Law of Intelligent Property in a Sphere of Nanotechnologies’
Страницы / Pages: 101-106
Аннотация / Annotation:
The author of the article shows actuality of implementation of disciplines of intelligent property rights for the results of innovative activity; the most actual and modern technologies of teaching a discipline ‘Intelligent Property Rights in a Sphere of Nanotechnologies’ are enlisted.
Ключевые слова / Keywords:
a discipline, intelligent property, methodical support, innovations, actual tendencies of modern science, nanotechnologies, state policy.
FOREIGN EXPERIENCEАннотация / Annotation:
The author of the article shows actuality of implementation of disciplines of intelligent property rights for the results of innovative activity; the most actual and modern technologies of teaching a discipline ‘Intelligent Property Rights in a Sphere of Nanotechnologies’ are enlisted.
Ключевые слова / Keywords:
a discipline, intelligent property, methodical support, innovations, actual tendencies of modern science, nanotechnologies, state policy.
KANANYKINA E.S. Kananykina E.S. – PhD in Law
Reforming a System of Education of Countries of Western Europe in the end of 20th-the beginning of 21st centuries
Страницы / Pages: 107-112
Аннотация / Annotation:
The article covers a problem of development of a system of education in European countries in conditions of an amended legislative base on issues of secondary and higher education and development of unified educationl dimension.
Ключевые слова / Keywords:
an educational doctrine, European law, the Bologna Process, legislation in education.
Аннотация / Annotation:
The article covers a problem of development of a system of education in European countries in conditions of an amended legislative base on issues of secondary and higher education and development of unified educationl dimension.
Ключевые слова / Keywords:
an educational doctrine, European law, the Bologna Process, legislation in education.
MIROSHIN D.G. Miroshin D.G. – PhD in Pedagogy, Associate Professor
Foreign Experience of Corporate Personnel Training and its Usage on Russian Enterprises
Страницы / Pages: 113-122
Аннотация / Annotation:
Foreign experience of development of human capital of a company through organization of a corporate training is described in the article. A comparative analysis of Japanese and European and American models of organization of a corporate training is conducted, and their educational potential is considered. A conclusion of abilities of adaptation of foreign experience of organization of a corporate training in developing systems of corporate training on Russian enterprises is made.
Ключевые слова / Keywords:
human capital of a company, a model of organization of corporate training, forms and methods of organization of an educational process, a system of corporate education.
SCIENTIFIC MESSAGESАннотация / Annotation:
Foreign experience of development of human capital of a company through organization of a corporate training is described in the article. A comparative analysis of Japanese and European and American models of organization of a corporate training is conducted, and their educational potential is considered. A conclusion of abilities of adaptation of foreign experience of organization of a corporate training in developing systems of corporate training on Russian enterprises is made.
Ключевые слова / Keywords:
human capital of a company, a model of organization of corporate training, forms and methods of organization of an educational process, a system of corporate education.
KARMANOV M.V. Karmanov M.V. – Doctor of Economics, Professor
ZAVRAZHIN A.V. Zavrazhin A.V. – Doctor of History, Professor
A ROLE OF STATISTICS IN SUPPORT OF NATIONAL SECURITY OF RUSSIA
Страницы / Pages: 123-129
Аннотация / Annotation:
The article covers consideration of a problem of support of national security of country especially in relation with movements of world society for increasing democracy, freedom, partnership and openness of borders. Russian statistics is taken great place because it provides open access to information of social and economic development of a country not effecting on national security of Russia.
Ключевые слова / Keywords:
statistics, national security, information security, problems of national security, statistics and national secuirty.
Аннотация / Annotation:
The article covers consideration of a problem of support of national security of country especially in relation with movements of world society for increasing democracy, freedom, partnership and openness of borders. Russian statistics is taken great place because it provides open access to information of social and economic development of a country not effecting on national security of Russia.
Ключевые слова / Keywords:
statistics, national security, information security, problems of national security, statistics and national secuirty.
STANKEVICH G.V. Stankevich G.V. – Doctor of Political Studies, PhD in Law
Tax Accounting: Actual Problems of Legal Regulation
Страницы / Pages: 130-137
Аннотация / Annotation:
Actual problems of legal regulation of an institution for tax accounting are analyzed in the article; theoretical review of a concept ‘tax accouting’ is given, its juridical nature and main charecteristics are considered; its ratio with accounting is shown.
Ключевые слова / Keywords:
tax policy, tax control, tax accounting, accounting of tax payers, tax accounting of costs and benefits, real estate transactions, and other types of transactions.
Аннотация / Annotation:
Actual problems of legal regulation of an institution for tax accounting are analyzed in the article; theoretical review of a concept ‘tax accouting’ is given, its juridical nature and main charecteristics are considered; its ratio with accounting is shown.
Ключевые слова / Keywords:
tax policy, tax control, tax accounting, accounting of tax payers, tax accounting of costs and benefits, real estate transactions, and other types of transactions.
AFANACIEV A.A. Afanaciev A.A. – PhD in Law
Municipal and Legal Regime of Rural Life: Territorial Fundamentals of Local Government of Rural Settlements
Страницы / Pages: 138-144
Аннотация / Annotation:
Public relations concerning local government of rural settlements are the most valuable element of rural lif as a subject of legal regulation. Territorial fundamentals of local government of rural settlements are explained in the article on the basis of analysis of the legislation of the Russian Federation and scientific literature. It has got great theoretical and practical value in implementation of a priority way of social and economic policy of Russia in sustainable complex development of rural territories.
Ключевые слова / Keywords:
public relations, a legislation, the Russian Federation, legal regulation, scientific literature, a rural settlement, local government, a territory, fundamentals, sustainable development.
Аннотация / Annotation:
Public relations concerning local government of rural settlements are the most valuable element of rural lif as a subject of legal regulation. Territorial fundamentals of local government of rural settlements are explained in the article on the basis of analysis of the legislation of the Russian Federation and scientific literature. It has got great theoretical and practical value in implementation of a priority way of social and economic policy of Russia in sustainable complex development of rural territories.
Ключевые слова / Keywords:
public relations, a legislation, the Russian Federation, legal regulation, scientific literature, a rural settlement, local government, a territory, fundamentals, sustainable development.
BERESTOVOY A.N. Berestovoy A.N. – PhD in Law, Associate Professor
Qualification of Substantiated Risk
Страницы / Pages: 145-150
Аннотация / Annotation:
Differentiation of criminal behavior from non-criminal behavior is a fundamntal problem of criminal and legal regulation; and its solution effects on contents of all regulatory material of criminal legislation. Traditionally the main method is setting criminal prohibitions for these or those social dangerous actions. Also there is one more method such as exclusion of criminality of an action, which is not punished in other cases because of its special social and legal charcteristics.
Ключевые слова / Keywords:
circumstances, excluding criminality of an action, conditions of legality, a legal action, criminal and legal qualification, substantiated risk, qualification.
Аннотация / Annotation:
Differentiation of criminal behavior from non-criminal behavior is a fundamntal problem of criminal and legal regulation; and its solution effects on contents of all regulatory material of criminal legislation. Traditionally the main method is setting criminal prohibitions for these or those social dangerous actions. Also there is one more method such as exclusion of criminality of an action, which is not punished in other cases because of its special social and legal charcteristics.
Ключевые слова / Keywords:
circumstances, excluding criminality of an action, conditions of legality, a legal action, criminal and legal qualification, substantiated risk, qualification.
RYBACHUK E.YU.
Rybachuk E.Yu.
–
Legal Aspects of Inheritance of Rights for Some Objects of Intelligent Property (a Copyright, Patent Rights, Rights to Inventions)
Страницы / Pages: 151-158
Аннотация / Annotation:
A research of modern civil legislation (its status on January 15, 2013) and charecteristics of inheritance of rights for some objects of intelligent property is conducted. An order to transfer of objects of intelligent property taking into account law-enforcement practice is set.
Ключевые слова / Keywords:
intelligent property, a copyright, patent rights, trademark rights, legal names, inheritance of some objects of intelligent property.
A SCIENTIFIC DEBUTАннотация / Annotation:
A research of modern civil legislation (its status on January 15, 2013) and charecteristics of inheritance of rights for some objects of intelligent property is conducted. An order to transfer of objects of intelligent property taking into account law-enforcement practice is set.
Ключевые слова / Keywords:
intelligent property, a copyright, patent rights, trademark rights, legal names, inheritance of some objects of intelligent property.
ALVRTSYAN ZH.A.
Alvrtsyan Zh.A.
–
Responsibility for Theft of a Vehicle Conducted by a a Group of People by Previous Concert or an Organized Group: Problems of Systematization of Criminal and Legal Regulation
Страницы / Pages: 159-163
Аннотация / Annotation:
Problems of systematization of criminal and legal regulation of resopnsibility for a theft of a vehicle conducted by a group of people by a previous concert or an organized group are analyzed in the article. Comparing sactions for a theft and various forms of thefts of a vehicle the author concludes about its inaccordance and a degree of public danger of these crimes.
Ключевые слова / Keywords:
criminal responsibility, crimes against property, a theft of a vehicle, article No.166 of the Criminal Code of the Russian Federation, misappropriation of a car or a vehicle withoit theft, problems of systematization of criminal and legal regulation, problems of criminal and legal regulation..
Аннотация / Annotation:
Problems of systematization of criminal and legal regulation of resopnsibility for a theft of a vehicle conducted by a group of people by a previous concert or an organized group are analyzed in the article. Comparing sactions for a theft and various forms of thefts of a vehicle the author concludes about its inaccordance and a degree of public danger of these crimes.
Ключевые слова / Keywords:
criminal responsibility, crimes against property, a theft of a vehicle, article No.166 of the Criminal Code of the Russian Federation, misappropriation of a car or a vehicle withoit theft, problems of systematization of criminal and legal regulation, problems of criminal and legal regulation..
KAMAEV R.R.
Kamaev R.R.
–
Military and Criminal Legislation of Foreign Countries in a Sphere of Crimes related to a Theft of Military Property
Страницы / Pages: 164-170
Аннотация / Annotation:
The article covers studying foreign experience of fighting against crimes related to a theft of military property. The author states as against from the Criminal Code of the Russian Federation, powers in many foreign countries implement criminal responsiblity for actions violating an order to keep military property in field or in the time of war.
Ключевые слова / Keywords:
military and criminal legislation, military property, criminal responsibility, military men, military time.
Аннотация / Annotation:
The article covers studying foreign experience of fighting against crimes related to a theft of military property. The author states as against from the Criminal Code of the Russian Federation, powers in many foreign countries implement criminal responsiblity for actions violating an order to keep military property in field or in the time of war.
Ключевые слова / Keywords:
military and criminal legislation, military property, criminal responsibility, military men, military time.
IVANOV D.I.
Ivanov D.I.
–
An Analysis of Amendments Implemented in the Federal Law No. 129-FZ ‘State Registration of Legal Entities and Individual Entrepreneurs in 2010-2011’
Страницы / Pages: 171-179
Аннотация / Annotation:
Amendments for a period from 2010 to 2011 fixed in the Federal Law No.129-FZ ‘State Registration of Legal Entities and Individual Entrepreneurs in 2010-2011’ dated August 8, 2001 are analyzed in the article. The author investigates amendments in the legislation of the Russian Federation regulating the order of state registration of legal entities and individual entrepreneurs.
Ключевые слова / Keywords:
the unified state register for legal entities, state registration, executive powers, state registration of legal entities, a legal entity, a physical entity.
Аннотация / Annotation:
Amendments for a period from 2010 to 2011 fixed in the Federal Law No.129-FZ ‘State Registration of Legal Entities and Individual Entrepreneurs in 2010-2011’ dated August 8, 2001 are analyzed in the article. The author investigates amendments in the legislation of the Russian Federation regulating the order of state registration of legal entities and individual entrepreneurs.
Ключевые слова / Keywords:
the unified state register for legal entities, state registration, executive powers, state registration of legal entities, a legal entity, a physical entity.