Право и образование
№ 05 • 2016
EDUCATIONAL LAW
MATYUSHEVA T.N. Matyusheva T.N. – doctor of law
Implementation of the rights of children and young people to further professional education – a factor countering challenges and threats to national security
Страницы / Pages: 4-11
Аннотация / Annotation:
The research problem – definition of the place of qualitative implementation of the rights of children and young people to further professional education in the field of countering new challenges and threats to national security. The author examines the development of the legal regulation in the sphere of national security education and the direction of its development in the economic and moral crisis.
Ключевые слова / Keywords:
children and youth, constitutional right to further education, education, National security, normative and legislative base; education safety, education system.
Аннотация / Annotation:
The research problem – definition of the place of qualitative implementation of the rights of children and young people to further professional education in the field of countering new challenges and threats to national security. The author examines the development of the legal regulation in the sphere of national security education and the direction of its development in the economic and moral crisis.
Ключевые слова / Keywords:
children and youth, constitutional right to further education, education, National security, normative and legislative base; education safety, education system.
IVANOVA O.A. Ivanova O.A. – candidate of jurisprudence, associate professor
I.V. IVANOV I.V. Ivanov – graduate student
Monitoring of right application in education of the Russian Federation: the revealed problems of the legislation and ways of their decision
Страницы / Pages: 12-17
Аннотация / Annotation:
Compliance of practice of right application to the legislation in education is one of actual problems of modern jurisprudence. On the basis of researches of various authors and own supervision legal technologies of an assessment of quality of the legislation in education are considered, the most effective criteria of an assessment of standard legal support of educational process are defined. Problems of the legislation regulating system of the higher education in the Russian Federation come to light on the basis of monitoring of activity of control supervisory authorities of executive power in education and science and decisions of the courts on the affairs following from application of the legislation on education. The author carries out theoretical differentiation of concepts: «monitoring of right application in education» and «monitoring of an education system». By results of monitoring of right application in education problem aspects of the legislation providing monitoring of an education system in the Russian Federation come to light. Ways of their elimination are offered.
Ключевые слова / Keywords:
monitoring of right application in education, educational reform, the concept of development of Russian education.
Аннотация / Annotation:
Compliance of practice of right application to the legislation in education is one of actual problems of modern jurisprudence. On the basis of researches of various authors and own supervision legal technologies of an assessment of quality of the legislation in education are considered, the most effective criteria of an assessment of standard legal support of educational process are defined. Problems of the legislation regulating system of the higher education in the Russian Federation come to light on the basis of monitoring of activity of control supervisory authorities of executive power in education and science and decisions of the courts on the affairs following from application of the legislation on education. The author carries out theoretical differentiation of concepts: «monitoring of right application in education» and «monitoring of an education system». By results of monitoring of right application in education problem aspects of the legislation providing monitoring of an education system in the Russian Federation come to light. Ways of their elimination are offered.
Ключевые слова / Keywords:
monitoring of right application in education, educational reform, the concept of development of Russian education.
OZHIGANOVA M.V. Ozhiganova M.V. – PhD of Law, docent
Deficiency of law about realization rights of using sponsored admissions into high schools
Страницы / Pages: 18-26
Аннотация / Annotation:
This article is about finding out deficiencies of organization and law regulation of sponsored admissions into high schools. There is a necessity to develop normative requirements and establish criterions of competition for sponsored admissions.
Ключевые слова / Keywords:
high education, sponsored admission, competition for sponsored admissions.
Аннотация / Annotation:
This article is about finding out deficiencies of organization and law regulation of sponsored admissions into high schools. There is a necessity to develop normative requirements and establish criterions of competition for sponsored admissions.
Ключевые слова / Keywords:
high education, sponsored admission, competition for sponsored admissions.
GARTSEVA Y.E. Gartseva Y.E. – state advisor of the Russian Federation 3rd class
Problems of involvement of educational organizations in the relationship for the implementation of an easement
Страницы / Pages: 27-36
Аннотация / Annotation:
The article deals with the practical implementation of the institute of servitude in relation to educational organizations, analyzed the norms devoted to this institution, there is a tendency to increase the rules regulating the institution of servitude. Attempts to highlight features of the establishment and implementation of an easement educational organizations. Formulated practical recommendations for changes in the legislation of the Russian Federation with a view to the regulation of the legal regulation of the participation of educational organizations in the relationship for establishment and implementation of an easement.
Ключевые слова / Keywords:
easement, educational organizations, agreement on the establishment of an easement, land, federal property.
MODERN EDUCATIONАннотация / Annotation:
The article deals with the practical implementation of the institute of servitude in relation to educational organizations, analyzed the norms devoted to this institution, there is a tendency to increase the rules regulating the institution of servitude. Attempts to highlight features of the establishment and implementation of an easement educational organizations. Formulated practical recommendations for changes in the legislation of the Russian Federation with a view to the regulation of the legal regulation of the participation of educational organizations in the relationship for establishment and implementation of an easement.
Ключевые слова / Keywords:
easement, educational organizations, agreement on the establishment of an easement, land, federal property.
NOVIKOVA E.Y. Novikova E.Y. – doctor of philosophical sciences, professor
Computer testing competencies for Humanities and social Sciences
Страницы / Pages: 37-46
Аннотация / Annotation:
The article considers the peculiarities of computer testing in educational institutions for Humanities and social Sciences. The creation and application of computer-based assessment tools must take into account the limits of their applicability. Discusses measures to improve the adequacy of computer-based testing, the conclusion about the illegality of replacing the oral exam computer testing.
Ключевые слова / Keywords:
competence, professional development, personality, education, culture, testing, evaluation knowledge.
Аннотация / Annotation:
The article considers the peculiarities of computer testing in educational institutions for Humanities and social Sciences. The creation and application of computer-based assessment tools must take into account the limits of their applicability. Discusses measures to improve the adequacy of computer-based testing, the conclusion about the illegality of replacing the oral exam computer testing.
Ключевые слова / Keywords:
competence, professional development, personality, education, culture, testing, evaluation knowledge.
PETRENKO A.S. Petrenko A.S. – Ph. D. (Pedagogics), associate professor
Improvement of a rating assessment of efficiency of modular training of cadets of the educational organizations of power departments
Страницы / Pages: 47-57
Аннотация / Annotation:
The scientific analysis of a problem of improvement of a rating assessment of efficiency of modular training of cadets the educational organizations of power departments is presented in article. The content of concept is opened and pedagogical conditions of efficiency of process of training of cadets of the educational organizations of power departments on the basis of rating technology are revealed.
Ключевые слова / Keywords:
modular training, rating assessment, conditions of efficiency of a rating assessment.
Аннотация / Annotation:
The scientific analysis of a problem of improvement of a rating assessment of efficiency of modular training of cadets the educational organizations of power departments is presented in article. The content of concept is opened and pedagogical conditions of efficiency of process of training of cadets of the educational organizations of power departments on the basis of rating technology are revealed.
Ключевые слова / Keywords:
modular training, rating assessment, conditions of efficiency of a rating assessment.
PRONCHEV G.B. Pronchev G.B. – candidate of physical and mathematical sciences, associate professor
GONCHAROVA I.V. Goncharova I.V. – candidate of pedagogical sciences, associate professor
About training of visually impaired people in work with the modern information-communication technologies
Страницы / Pages: 58-64
Аннотация / Annotation:
This work deals with the practical implementation of visually impaired people rights of access to virtual social environment. In particular, the problems of training of visually impaired people in working with modern information and communication technologies and virtual social environment. Two methodological approach to teaching the visually impaired are considered. The new state education standard «Social Work» is analyzed.
Ключевые слова / Keywords:
regulatory support of people with disabilities, social work, information and communication technologies.
Аннотация / Annotation:
This work deals with the practical implementation of visually impaired people rights of access to virtual social environment. In particular, the problems of training of visually impaired people in working with modern information and communication technologies and virtual social environment. Two methodological approach to teaching the visually impaired are considered. The new state education standard «Social Work» is analyzed.
Ключевые слова / Keywords:
regulatory support of people with disabilities, social work, information and communication technologies.
LUKICHEV YU.A. Lukichev Yu.A. – candidate of legal sciences, professor
Isn’t it time to change the classification of the training sessions?
Страницы / Pages: 65-69
Аннотация / Annotation:
The author offers to discuss revision of the prevailing opinions of experts on classification lectures to passive form of classes, and therefore to revise the current classification of training sessions.
Ключевые слова / Keywords:
passive, active and interactive forms of teaching. Academic and public lectures. Traditional lectures: introduction, installation, review, final or final. Innovative: lecture-lecture dialogue-conversation, lecture-press conference, lecture-discussion, lecture-a review of specific situations, Lecture-with pre-planned errors.
Аннотация / Annotation:
The author offers to discuss revision of the prevailing opinions of experts on classification lectures to passive form of classes, and therefore to revise the current classification of training sessions.
Ключевые слова / Keywords:
passive, active and interactive forms of teaching. Academic and public lectures. Traditional lectures: introduction, installation, review, final or final. Innovative: lecture-lecture dialogue-conversation, lecture-press conference, lecture-discussion, lecture-a review of specific situations, Lecture-with pre-planned errors.
DEULIN D.V. Deulin D.V. – сandidate of psychological sciences
GRISHINA A.A.
Grishina A.A.
–
Educational environment as a psychological and pedagogical phenomenon: essence and approaches to definition
Страницы / Pages: 70-78
Аннотация / Annotation:
The article discusses various approaches to psychological and pedagogical nature of modern educational environment of the educational system. The authors analyze not only the domestic research of the phenomenon of “educational environment”, but also refer to foreign sources. The paper presents multiple perspectives on the problem of classification of the educational environment. The authors develop the view of readers on the system of educational space that promotes the development, training and education of students in interaction with all subjects of educational process.
Ключевые слова / Keywords:
educational environment, educational space, education, education, type of educational system, learning, training.
HOT TOPICАннотация / Annotation:
The article discusses various approaches to psychological and pedagogical nature of modern educational environment of the educational system. The authors analyze not only the domestic research of the phenomenon of “educational environment”, but also refer to foreign sources. The paper presents multiple perspectives on the problem of classification of the educational environment. The authors develop the view of readers on the system of educational space that promotes the development, training and education of students in interaction with all subjects of educational process.
Ключевые слова / Keywords:
educational environment, educational space, education, education, type of educational system, learning, training.
SOLOVEV S.G. Solovev S.G. – doctor of law, professor
To a question of redistribution of powers of municipalities
Страницы / Pages: 79-88
Аннотация / Annotation:
Prerequisites for introduction, the content and an expert estimates of specified legal Institute prospects are investigated in the paper. From the goal-setting theory position in the study the main objectives for which achievement the local self-government was included in the state system mechanism of the Russian Federation are formulated and author’s vision of hierarchy of these purposes is offered. Considering the hierarchy of local self-government objectives attempt to estimate the prospects of improvement the authority redistribution mechanism between local self-government bodies and the bodies of the Russian Federation state power is made and also to formulate the prediction of rather probabilistic results of analyzed legal institute introduction to the local self-government modern system.
Ключевые слова / Keywords:
local self-government, the local self-government purposes, institute of authority redistribution between the self-government and municipal bodies.
Аннотация / Annotation:
Prerequisites for introduction, the content and an expert estimates of specified legal Institute prospects are investigated in the paper. From the goal-setting theory position in the study the main objectives for which achievement the local self-government was included in the state system mechanism of the Russian Federation are formulated and author’s vision of hierarchy of these purposes is offered. Considering the hierarchy of local self-government objectives attempt to estimate the prospects of improvement the authority redistribution mechanism between local self-government bodies and the bodies of the Russian Federation state power is made and also to formulate the prediction of rather probabilistic results of analyzed legal institute introduction to the local self-government modern system.
Ключевые слова / Keywords:
local self-government, the local self-government purposes, institute of authority redistribution between the self-government and municipal bodies.
DMITRIEVA L.G. Dmitrieva L.G. – doctor of psychological Sciences, head of the Department of psychology of development Bashkir state pedagogical University. M. Akmulla
LEBEDEV D.V. Lebedev D.V. – Colonel of internal service UFSIN of Russia on Republic Bashkortostan
CHERNYSHOVA L.V. Chernyshova L.V. – postgraduate student Bashkir state pedagogical University. M. Akmulla
Prevention and correction of extreme situations in the prison system
Страницы / Pages: 89-95
Аннотация / Annotation:
The article says that the work of the psychologist in the conditions of the penitentiary system needs major changes, which should be systematic and structured. It is proposed the idea of creating a centre that would be focused on the prevention of destructive phenomena.
Ключевые слова / Keywords:
penitentiary system extremes.
Аннотация / Annotation:
The article says that the work of the psychologist in the conditions of the penitentiary system needs major changes, which should be systematic and structured. It is proposed the idea of creating a centre that would be focused on the prevention of destructive phenomena.
Ключевые слова / Keywords:
penitentiary system extremes.
ZVIAGIN S.A. Zviagin S.A. – doctor of economics sciences professor
STRIGINA I.E. Strigina I.E. – the lecturer
Features of the expert accounting research out records
Страницы / Pages: 96-103
Аннотация / Annotation:
The article discusses the concept is an accounting document with the formulation of the definition extra accounting documents from the point of view of accounting expertise, classification of records and extra accounting documentation designed grouping sources extra accounting information of five blocks, is a list of typical violations against extra accounting documents, identified in the course of accounting expertise, systematic procedure for accounting expertise extra accounting documents subject to the economic gradation in six stages.
Ключевые слова / Keywords:
accounting expertise, accounting records, extra accounting documents, accounting expertise is accounting documents, financial control.
Аннотация / Annotation:
The article discusses the concept is an accounting document with the formulation of the definition extra accounting documents from the point of view of accounting expertise, classification of records and extra accounting documentation designed grouping sources extra accounting information of five blocks, is a list of typical violations against extra accounting documents, identified in the course of accounting expertise, systematic procedure for accounting expertise extra accounting documents subject to the economic gradation in six stages.
Ключевые слова / Keywords:
accounting expertise, accounting records, extra accounting documents, accounting expertise is accounting documents, financial control.
ESIKOVA T. Esikova T. – PhD in Education, lecturer, Saint Petersburg, Russia
ERMOLINA M. Ermolina M. – PhD in Law, lecturer, Saint Petersburg, Russia
Legal basis of diagnostics of legal consciousness
Страницы / Pages: 104-110
Аннотация / Annotation:
The article describes the technology of a specialist`s training for psychological and educational research of legal consciousness of preschool and elementary school age child. A number of diagnostic tools for determining the level of development of legal consciousness, consisting of a set of complementary techniques has been elaborated. The author’s technique of T.V. Esikova “Solving of Legal situations “for diagnosing of the level of the early legal views among 6-10 years old children, which has been tested on students in Russian elementary school is introduced for the first time. The article contains interpretation of the issues and situations from a legal point of view.
Ключевые слова / Keywords:
rights, identity, legal consciousness, legal representation, diagnostics of level of legal consciousness.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article describes the technology of a specialist`s training for psychological and educational research of legal consciousness of preschool and elementary school age child. A number of diagnostic tools for determining the level of development of legal consciousness, consisting of a set of complementary techniques has been elaborated. The author’s technique of T.V. Esikova “Solving of Legal situations “for diagnosing of the level of the early legal views among 6-10 years old children, which has been tested on students in Russian elementary school is introduced for the first time. The article contains interpretation of the issues and situations from a legal point of view.
Ключевые слова / Keywords:
rights, identity, legal consciousness, legal representation, diagnostics of level of legal consciousness.
VETOSHKIN S.A. Vetoshkin S.A. – the doctor of pedagogical sciences, professor
The age of criminal liability under Russian law: legal and pedagogical aspects
Страницы / Pages: 111-122
Аннотация / Annotation:
The article examines the legal and pedagogical problems of establishing the age of criminal responsibility, appropriate to the tasks of the Russian criminal law and the criminal situation in the society. The article considers international experience of establishing in criminal law the age of criminal responsibility of minors, provides a critical analysis of the arguments of the opponents of lowering the age in the Russian Federation and proposes measures for improving the effectiveness of legal education of minors and prevention of juvenile delinquency.
Ключевые слова / Keywords:
juvenile, socially dangerous act, the crime, the age of criminal responsibility, criminal law, law-abiding behavior, legal education.
Аннотация / Annotation:
The article examines the legal and pedagogical problems of establishing the age of criminal responsibility, appropriate to the tasks of the Russian criminal law and the criminal situation in the society. The article considers international experience of establishing in criminal law the age of criminal responsibility of minors, provides a critical analysis of the arguments of the opponents of lowering the age in the Russian Federation and proposes measures for improving the effectiveness of legal education of minors and prevention of juvenile delinquency.
Ключевые слова / Keywords:
juvenile, socially dangerous act, the crime, the age of criminal responsibility, criminal law, law-abiding behavior, legal education.
KOLOSOVSKAYA N.N. Kolosovskaya N.N. – teacher of the Law
Technique of carrying out class in the subject «Money as objects of the civil rights»
Страницы / Pages: 123-130
Аннотация / Annotation:
The consideration technique with students of law department of such object of the civil rights as money and categories, adjacent to him, is presented in article. For achievement of a goal the short analysis of the legal category “money” is given, definition “cash” is formulated, their ratio with non-cash money is shown, the attention is paid to electronic money, their difference from bitcoins which are result of the forbidden activity is shown.
Ключевые слова / Keywords:
electronic money, money, non-cash money, cryptocurrency, bitcoin, fiatny, money.
Аннотация / Annotation:
The consideration technique with students of law department of such object of the civil rights as money and categories, adjacent to him, is presented in article. For achievement of a goal the short analysis of the legal category “money” is given, definition “cash” is formulated, their ratio with non-cash money is shown, the attention is paid to electronic money, their difference from bitcoins which are result of the forbidden activity is shown.
Ключевые слова / Keywords:
electronic money, money, non-cash money, cryptocurrency, bitcoin, fiatny, money.
YAVORSKY M.А. CANDIDATE OF JURISPRUDENCE Yavorsky M.А. candidate of jurisprudence – associate professor
Causes of radicalization prisoners foreign countries in prison
Страницы / Pages: 131-143
Аннотация / Annotation:
On the basis of the analysis of the domestic and foreign sources, empirical data and scientific studies show the complex reasons for the radicalization of inmates in institutions of foreign countries, ex-ecuting criminal penalties of imprisonment. The author presents a classification of the causes of radicalization in prisons abroad, attempts to provide a generic description of the key factors determining the spread of the ideas of radical Islam in the prison environment.
Ключевые слова / Keywords:
radical Islam, prisons, extremism in prisons, prison radicalization.
Аннотация / Annotation:
On the basis of the analysis of the domestic and foreign sources, empirical data and scientific studies show the complex reasons for the radicalization of inmates in institutions of foreign countries, ex-ecuting criminal penalties of imprisonment. The author presents a classification of the causes of radicalization in prisons abroad, attempts to provide a generic description of the key factors determining the spread of the ideas of radical Islam in the prison environment.
Ключевые слова / Keywords:
radical Islam, prisons, extremism in prisons, prison radicalization.
BELYAEVA O.M. Belyaeva O.M. – PhD in Law, Associate Professor
G.F. Shershenevich’s Views on law interpretation, judicial precedent and analogy of the right
Страницы / Pages: 144-150
Аннотация / Annotation:
Shershenevich found it faulty to give an element of any scientific character to law interpretating activity thus reducing law interpretation to the so called “inferior jurisprudence”. The jurisprudent pointed out that it was unreasonable to single out such a kind of interpretation as legal interpretation as well because “it isn’t interpretation at all, but the law”. Shershenevich pointed out that very often extended interpretation was mistakenly identified with analogy of the right. Thereby, the thinker laid the foundation of several interesting ideas and arguments in further development of juridical hermeneutics’ doctrine.
Ключевые слова / Keywords:
law interpretation, analogy of the right, judicial precedent, deficiency of law.
SCIENTIFIC DEBUTАннотация / Annotation:
Shershenevich found it faulty to give an element of any scientific character to law interpretating activity thus reducing law interpretation to the so called “inferior jurisprudence”. The jurisprudent pointed out that it was unreasonable to single out such a kind of interpretation as legal interpretation as well because “it isn’t interpretation at all, but the law”. Shershenevich pointed out that very often extended interpretation was mistakenly identified with analogy of the right. Thereby, the thinker laid the foundation of several interesting ideas and arguments in further development of juridical hermeneutics’ doctrine.
Ключевые слова / Keywords:
law interpretation, analogy of the right, judicial precedent, deficiency of law.
LYASKOVSKY I.I.
Lyaskovsky I.I.
–
Information as a legal category
Страницы / Pages: 151-159
Аннотация / Annotation:
The article discusses different conceptual views and opinions of philosophers, mathematicians, jurists on the results of a study of the concept of information as to the development of information technologies and the information society evolved, and continues to form categorical apparatus in the issue of legal regulation of information relations. Group analyzed approaches to the definition of the information in jurisprudence domestic legal scholars. Shows notional classification of the essence of the information as a legal category. Attention is drawn to the relevance of a broad study of national legal information science as a subject of public relations. It is proposed to improve the regulatory definition of information.
Ключевые слова / Keywords:
information, regulation, information law, information society, the legal category, definition.
Аннотация / Annotation:
The article discusses different conceptual views and opinions of philosophers, mathematicians, jurists on the results of a study of the concept of information as to the development of information technologies and the information society evolved, and continues to form categorical apparatus in the issue of legal regulation of information relations. Group analyzed approaches to the definition of the information in jurisprudence domestic legal scholars. Shows notional classification of the essence of the information as a legal category. Attention is drawn to the relevance of a broad study of national legal information science as a subject of public relations. It is proposed to improve the regulatory definition of information.
Ключевые слова / Keywords:
information, regulation, information law, information society, the legal category, definition.
MIKHAYLOV R.B. Mikhaylov R.B. – postgraduate
Innovation as a legal phenomenon
Страницы / Pages: 160-169
Аннотация / Annotation:
This article discusses some of the features of the legal regime of innovation in civil legislation of the Russian Federation. The author of the article presents the legal criteria for assessing the innovation, contributing to the development of the mechanism of interaction and the relationship between science and law, a distinction between the definition of innovation «as a result of innovation» and «how innovations», offers several widen the circle signs definition novelty of innovation, recognizing the validity of which is not limited to the identification of new properties, properties that differ from existing analogues, and the possibility of practical applicability. Offers original version of the definition of «innovation».
Ключевые слова / Keywords:
innovation, innovation performance, innovation, intellectual property, innovative products.
Аннотация / Annotation:
This article discusses some of the features of the legal regime of innovation in civil legislation of the Russian Federation. The author of the article presents the legal criteria for assessing the innovation, contributing to the development of the mechanism of interaction and the relationship between science and law, a distinction between the definition of innovation «as a result of innovation» and «how innovations», offers several widen the circle signs definition novelty of innovation, recognizing the validity of which is not limited to the identification of new properties, properties that differ from existing analogues, and the possibility of practical applicability. Offers original version of the definition of «innovation».
Ключевые слова / Keywords:
innovation, innovation performance, innovation, intellectual property, innovative products.
FROLOV I.A.
Frolov I.A.
–
In the footsteps of historical commissions for the description of the Russo-Japanese war of 1904-1905
Страницы / Pages: 170-178
Аннотация / Annotation:
The article discusses the initial process of the formation of the historiography of the Russo-Japanese war of 1904-1905, for example, historical commissions A.F. Heyden and V.I. Gurko. It shows the relationship and interdependence of the events in the early XX century in the Russian Empire from the war, and, consequently, their reflection on the study, the formation and description of the war between the Russian and Japanese Empires.
Ключевые слова / Keywords:
military history Commission, war, impact, description.
Аннотация / Annotation:
The article discusses the initial process of the formation of the historiography of the Russo-Japanese war of 1904-1905, for example, historical commissions A.F. Heyden and V.I. Gurko. It shows the relationship and interdependence of the events in the early XX century in the Russian Empire from the war, and, consequently, their reflection on the study, the formation and description of the war between the Russian and Japanese Empires.
Ключевые слова / Keywords:
military history Commission, war, impact, description.