Право и образование
№ 06 • 2010
EDUCATIONAL LAW
SUKHOCHEV V.I. Sukhochev V.I. – Rector of Kumertau Institute for Economics and Law, PhD in Economics
Legal Regulation of Quality Management in a Field of Graduates Training
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Аннотация / Annotation:
Existing methodology and methods of quality management in a field of graduates training in Russian universities, approved by legislation and laws, are investigated in the article. As a result of the conducted investigations an author concludes that there is a necessity to reconsider principles of methodology of quality management and development of innovative methods of quality management in a field of higher education, and it will effect on existing legislative base.
Ключевые слова / Keywords:
methods of quality management, principles of accordance, a principle of meeting needs.
Аннотация / Annotation:
Existing methodology and methods of quality management in a field of graduates training in Russian universities, approved by legislation and laws, are investigated in the article. As a result of the conducted investigations an author concludes that there is a necessity to reconsider principles of methodology of quality management and development of innovative methods of quality management in a field of higher education, and it will effect on existing legislative base.
Ключевые слова / Keywords:
methods of quality management, principles of accordance, a principle of meeting needs.
NIKOLAEV B.V. Nikolaev B.V. – Associate Professor of the Department of theory of Law and State Juridical Disciplines of Penza State Pedagogic University, PhD in History, Associate Professor
Federal Legislation of Higher Education in USA
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Аннотация / Annotation:
A concept of federal legislation of higher education in USA, its structure, basic forms of approval and tendencies of development are analyzed in the article. First actions of the President’s Administration in a field of legal regulation of higher education are estimated.
Ключевые слова / Keywords:
federal legislation of the USA, higher education in the USA, financing of higher education.
Аннотация / Annotation:
A concept of federal legislation of higher education in USA, its structure, basic forms of approval and tendencies of development are analyzed in the article. First actions of the President’s Administration in a field of legal regulation of higher education are estimated.
Ключевые слова / Keywords:
federal legislation of the USA, higher education in the USA, financing of higher education.
KIRILLOVYKH A.A. Kirillovykh A.A. – Jurist Consult of Vyatka State Agricultural Academy, Teacher of Saint-Petersburg Institute for International Economic Relations, Economics and Law (Kirov Branch)
Regulation of Higher Education: from Decentralization to Coordination of Centralization
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Аннотация / Annotation:
Issues of management of modern higher education based on historic experience and potential of its development are considered in the article. Analysis of regulation of high school activity is crossed with practice of foreign educational systems. Instruments and regulators of educational sphere related to changes of social nature of higher educational institutions are determined.
Ключевые слова / Keywords:
educational policy, democratization and decentralization, economic stimulation, civil society, federalization of education, state and social management.
MODERN EDUCATIONАннотация / Annotation:
Issues of management of modern higher education based on historic experience and potential of its development are considered in the article. Analysis of regulation of high school activity is crossed with practice of foreign educational systems. Instruments and regulators of educational sphere related to changes of social nature of higher educational institutions are determined.
Ключевые слова / Keywords:
educational policy, democratization and decentralization, economic stimulation, civil society, federalization of education, state and social management.
MOROZOVA S.A. Morozova S.A. – Professor of the Department of Theory of Law and Civil and Legal Education of Russian State Pedagogic University in the name of A.I. Hertzen, PhD in Pedagogy
Actual Problems of Methods of Juridical Studying in a Higher Educational Institution
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Аннотация / Annotation:
The article covers modern problems of methods of jurisprudence teaching. A nature of concept of ‘methods of jurisprudence teaching’ is considered; a great attention is paid to necessity of scientific research in a field of methods of jurisprudence teaching and special training for teachers as an important condition of modernization of juridical education.
Ключевые слова / Keywords:
juridical education, jurisprudence, methods of educational jurisprudence, teacher of juridical disciplines, modernization of juridical education.
Аннотация / Annotation:
The article covers modern problems of methods of jurisprudence teaching. A nature of concept of ‘methods of jurisprudence teaching’ is considered; a great attention is paid to necessity of scientific research in a field of methods of jurisprudence teaching and special training for teachers as an important condition of modernization of juridical education.
Ключевые слова / Keywords:
juridical education, jurisprudence, methods of educational jurisprudence, teacher of juridical disciplines, modernization of juridical education.
PONKIN I.V. Ponkin I.V. – Professor of the Department of State Administration, Legal Support of State and Municipal Service of Russian Academy of State Services under the President of the Russian Federation, Doctor of Jurisprudence
SOLOVIEV A.A. Soloviev A.A. – Federal Judge of the Arbitration Court of Moscow Region, PhD in Law
Teaching of Sport Law in US Universities: Faculty of Sport Management of the School of Management Isenberg of Massachusetts University
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Аннотация / Annotation:
The article covers organization and specifics of sport law teaching in one of large American university centers of sport law. A review of implemented educational forms and courses and contents of educational programs are represented.
Ключевые слова / Keywords:
sport, sport law, university, teaching of sport law.
Аннотация / Annotation:
The article covers organization and specifics of sport law teaching in one of large American university centers of sport law. A review of implemented educational forms and courses and contents of educational programs are represented.
Ключевые слова / Keywords:
sport, sport law, university, teaching of sport law.
BELYAEVA O.M. Belyaeva O.M. – Associate Professor of the Department of Theory and History of State and Law of Kazan State University, PhD in Jurisprudence
Law and Interpretation Activity Studying is a Necessary Condition of Juridical Staff Training
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Аннотация / Annotation:
Interpretation activity is a necessary and important element of law enforcement process because it is impossible to apply legal rule without understanding its sense and in any case we should to explain it. Interpretation of law is necessary for legal qualification and rendering of decision. Necessity in interpretation of legal rules also arises in law-making. Therefore interpretation can be used for jurisprudence and has value for all parties of legal actions.
Ключевые слова / Keywords:
interpretation of law, clarification of law, explanation of law, interpretation, deficiency of law, defect of rule of law.
Аннотация / Annotation:
Interpretation activity is a necessary and important element of law enforcement process because it is impossible to apply legal rule without understanding its sense and in any case we should to explain it. Interpretation of law is necessary for legal qualification and rendering of decision. Necessity in interpretation of legal rules also arises in law-making. Therefore interpretation can be used for jurisprudence and has value for all parties of legal actions.
Ключевые слова / Keywords:
interpretation of law, clarification of law, explanation of law, interpretation, deficiency of law, defect of rule of law.
TENITILOV S.V. Tenitilov S.V. – Doctoral Student of the Military University, PhD in Pedagogy, Associate Professor
KHAIROVA O.K. Khairova O.K. – Teacher of the Department of Psychology of the Military University
Problems of Professional Development of Teacher Beginners in Modern Educational Dimension
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Аннотация / Annotation:
The article covers actual questions from teacher-beginners on modern stage of development of education. A great attention is paid to dynamics of changes of requirements to university teachers in terms of social situation of development of higher school. Authors focus on modern, innovative approaches to specialist training in modern conditions.
Ключевые слова / Keywords:
teacher-beginner, an educational process, the system of education
DISCUSSING THE PROBLEMАннотация / Annotation:
The article covers actual questions from teacher-beginners on modern stage of development of education. A great attention is paid to dynamics of changes of requirements to university teachers in terms of social situation of development of higher school. Authors focus on modern, innovative approaches to specialist training in modern conditions.
Ключевые слова / Keywords:
teacher-beginner, an educational process, the system of education
SOKOLSKAYA L.V. Sokolskaya L.V. – Associate Professor of the Department of State and Law of Novosibirsk University for Economics and Management, PhD in Law
Culture Studies of Law as an Independent Scientific Discipline
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Аннотация / Annotation:
A problem of importance of a new discipline ‘Culture Studies of Law’ is investigated in the article. Its subject and methods of research of law as a phenomenon of culture are set.
Ключевые слова / Keywords:
culture, law, culture studies of law, theory of law, anthropology of law, sociology of law.
Аннотация / Annotation:
A problem of importance of a new discipline ‘Culture Studies of Law’ is investigated in the article. Its subject and methods of research of law as a phenomenon of culture are set.
Ключевые слова / Keywords:
culture, law, culture studies of law, theory of law, anthropology of law, sociology of law.
INOGAMOVA-HEGAI L.V. Inogamova-Hegai L.V. – Professor of the Department of Labor Law of the Academy of Labor and Social relations, Doctor of Juridical Sciences
Right of Employees for Protection of Labor and Responsibility for its Violation
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Аннотация / Annotation:
The article covers issues concerning rights of employees for labor protection and employers’ responsibility for their violation. Basic legal fundamentals of rights for labor protection, the most typical violations of these rights and responsibilities are analyzed.
Ключевые слова / Keywords:
law, protection of labor, violation, responsibility.
Аннотация / Annotation:
The article covers issues concerning rights of employees for labor protection and employers’ responsibility for their violation. Basic legal fundamentals of rights for labor protection, the most typical violations of these rights and responsibilities are analyzed.
Ключевые слова / Keywords:
law, protection of labor, violation, responsibility.
KRASINSKIY V.V. Krasinskiy V.V. – Expert of Russian Public Institute for Elective Law, PhD in Law
Constitutional and Legal Mechanism of Protection of Constitutional Order in Elective Process
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Аннотация / Annotation:
Constitutional and legal mechanism for protection of constitutional order in an elective process is analyzed in the article. The author investigates specifics, structure and functions of constitutional and legal mechanism for protection of constitutional order in an elective process and shows factors, which influence on its development and functioning.
Ключевые слова / Keywords:
elective law, protection of constitutional order, legal regulation of elections for protection of constitutional order, legal mechanism of protection of constitutional order in elective process.
Аннотация / Annotation:
Constitutional and legal mechanism for protection of constitutional order in an elective process is analyzed in the article. The author investigates specifics, structure and functions of constitutional and legal mechanism for protection of constitutional order in an elective process and shows factors, which influence on its development and functioning.
Ключевые слова / Keywords:
elective law, protection of constitutional order, legal regulation of elections for protection of constitutional order, legal mechanism of protection of constitutional order in elective process.
KODOLOV V.A. Kodolov V.A. – Associate Professor of the Department of Civil Law of MUH, PhD in Law
Principles of Civil and Legal Support of Rational Exploitation of Natural Resources
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Аннотация / Annotation:
The article covers a problem of determination, development and systematization of principles of civil and legal support for rational exploitation of natural resources. The problem is caused by changes in Russian legislation influences on spread of civil and legal regulation in property natural resources use, which are not investigated enough.
Ключевые слова / Keywords:
concept of principles of legal regulation, special principles of legal regulation, support of rational exploitation of natural resources, general principles of legal regulation.
Аннотация / Annotation:
The article covers a problem of determination, development and systematization of principles of civil and legal support for rational exploitation of natural resources. The problem is caused by changes in Russian legislation influences on spread of civil and legal regulation in property natural resources use, which are not investigated enough.
Ключевые слова / Keywords:
concept of principles of legal regulation, special principles of legal regulation, support of rational exploitation of natural resources, general principles of legal regulation.
RYTOV E.N. Rytov E.N. – Associate Professor of the Department of Civil and Law Disciplines of International Juridical Institute, PhD in Law
Concepts and Specifics of Currency Relations
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Аннотация / Annotation:
The article covers actual theoretical problem of determination of a concept and characteristics of a complex currency relations. Criteria of assessment are a subject, object, object of legal relations, and its method.
Ключевые слова / Keywords:
currency relations, currency, financial law.
Аннотация / Annotation:
The article covers actual theoretical problem of determination of a concept and characteristics of a complex currency relations. Criteria of assessment are a subject, object, object of legal relations, and its method.
Ключевые слова / Keywords:
currency relations, currency, financial law.
BORYAKOVA S.A. Boryakova S.A. – Senior Teacher of the Department of Labor, Entrepreneurship and Financial Law of the Modern University for the Humanities
Basic Ways of Improvement of Legal Protection of Property Law within the Frameworks of the Concept of Development of Civil Legislation
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Аннотация / Annotation:
Issues of improvement of legal protection of property rights under the Concept of development of civil legislation, accordance of this protection with existing Concept of ownership protection, expanding of a sphere of application as a result of legislating fixation, which is known from the Ancient Rome and becomes an actual thing now in neighbor rights, and many discussion issues of legal regulation of this type of protection are considered in the article.
Ключевые слова / Keywords:
property law, vindication complain, ownership, ownership protection, a concept, legal protection, complaint, neighbor rights.
Аннотация / Annotation:
Issues of improvement of legal protection of property rights under the Concept of development of civil legislation, accordance of this protection with existing Concept of ownership protection, expanding of a sphere of application as a result of legislating fixation, which is known from the Ancient Rome and becomes an actual thing now in neighbor rights, and many discussion issues of legal regulation of this type of protection are considered in the article.
Ключевые слова / Keywords:
property law, vindication complain, ownership, ownership protection, a concept, legal protection, complaint, neighbor rights.
NEDOREZOVA O.YU. Nedorezova O.Yu. – Senior Teacher of Economics of the Branch of Kazan State University in the name of V.I. Lenin, Naberezhnye Chelny
A State as Basic Subject of Institutional Transformations
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Аннотация / Annotation:
The article covers consideration of a state as a main subject of institutional transformations. It is approved that the state through formal rules effects on development of institutional structure of a society. It is set that implementation of a new institute by the state can be a cause of conflict of interests. Some phases of a life cycle of institutional transformations are considered. Three-tier model of the state is analyzed.
Ключевые слова / Keywords:
state, institute, institutional transformations, formal rules, informal rules, transaction costs, institutional structure.
PAGES OF HISTORYАннотация / Annotation:
The article covers consideration of a state as a main subject of institutional transformations. It is approved that the state through formal rules effects on development of institutional structure of a society. It is set that implementation of a new institute by the state can be a cause of conflict of interests. Some phases of a life cycle of institutional transformations are considered. Three-tier model of the state is analyzed.
Ключевые слова / Keywords:
state, institute, institutional transformations, formal rules, informal rules, transaction costs, institutional structure.
FOMICHEV I.V. Fomichev I.V. – Professor of the Department of Human and Social Disciplines of Moscow Academy of Entrepreneurship under the Government of Moscow, Doctor of History
Changes in Material and Legal State of School and University Teachers during World War I
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Аннотация / Annotation:
Changes in material and legal status of teachers, caused by entering World War I by Russia are investigated in the article. Governmental policy and measures of the educational department to aid families of draftees and support of teachers, who continue to teach is considered. A role of local authorities and charity organizations in material support of teachers is demonstrated.
Ключевые слова / Keywords:
war, educational department, local authorities, teachers, public teachers, home teachers, teaching staff, draftees, the evacuated people, teachers’ rights, material and legal state, material support, teacher’s salary, teaching double jobholding.
Аннотация / Annotation:
Changes in material and legal status of teachers, caused by entering World War I by Russia are investigated in the article. Governmental policy and measures of the educational department to aid families of draftees and support of teachers, who continue to teach is considered. A role of local authorities and charity organizations in material support of teachers is demonstrated.
Ключевые слова / Keywords:
war, educational department, local authorities, teachers, public teachers, home teachers, teaching staff, draftees, the evacuated people, teachers’ rights, material and legal state, material support, teacher’s salary, teaching double jobholding.
DEMENTIEVA YU.A. Dementieva Yu.A. – Applicant for the Department of Theory and History of State and Law of Penza State Pedagogic University in the name of V.G. Belinskiy
Property Relations between Marital Partners in Soviet Family Legislation in 1918-1926
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Аннотация / Annotation:
The article covers theoretical recognition of Soviet family legislation in 1918-1926, in particular an issue of property relations between marital partners. In the research the author shows principles on which property law in family is based.
Ключевые слова / Keywords:
Soviet legislation, marriage, property law, property, equality in law.
SCIENTIFIC DEBUTАннотация / Annotation:
The article covers theoretical recognition of Soviet family legislation in 1918-1926, in particular an issue of property relations between marital partners. In the research the author shows principles on which property law in family is based.
Ключевые слова / Keywords:
Soviet legislation, marriage, property law, property, equality in law.
KHASHEM T.A. Khashem T.A. – Senior Teacher of the Department of Constitutional and Municipal Law of Juridical faculty of Russian University of Peoples’ Friendship
Constitutional and Legal Institute of Protection of Human Virtue in the Russian Federation
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Аннотация / Annotation:
The article covers research of contents and specifics of constitutional and legal institute for protection of human virtue. The article includes contents of a nature, properties, aspects and a structure of human virtue, subjective and objective parts of this phenomenon of law.
Ключевые слова / Keywords:
human virtue, constitutional guarantees, constitutional and legal institute, protection.
Аннотация / Annotation:
The article covers research of contents and specifics of constitutional and legal institute for protection of human virtue. The article includes contents of a nature, properties, aspects and a structure of human virtue, subjective and objective parts of this phenomenon of law.
Ключевые слова / Keywords:
human virtue, constitutional guarantees, constitutional and legal institute, protection.
TSYGANKOVA E.A. Tsygankova E.A. – Senior Teacher of State and Law Disciplines of Stavropol Branch of Krasnodar University of the Ministry of Internal Affairs of Russia
Methods of State Regulation
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Аннотация / Annotation:
Basic methods of implementation of a function of the state are constraint and state conviction. However in conditions of a legal state legal education and training are important things. Now there are the most important factors of development of mental consciousness of a man and legal culture in a society as a whole.
Ключевые слова / Keywords:
state power, legal regulation, legal order, methods of state administration, state, state constraint, conviction, legal education, legal studies, legal culture.
Аннотация / Annotation:
Basic methods of implementation of a function of the state are constraint and state conviction. However in conditions of a legal state legal education and training are important things. Now there are the most important factors of development of mental consciousness of a man and legal culture in a society as a whole.
Ключевые слова / Keywords:
state power, legal regulation, legal order, methods of state administration, state, state constraint, conviction, legal education, legal studies, legal culture.
KONDRATIEV S.N. Kondratiev S.N. – Postgraduate Student of the Modern University for the Humanities
Prevention of Using Drugs and Psychotropic Substances in Educational Environment (Solikamsk, Perm Region)
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Аннотация / Annotation:
The article covers a problem of prevention of non-medical use of drugs and psychotropic substances in educational sphere. The author proposes a complex of preventive measures within the system of education in order to stop abuse of drugs and drug crimes.
Ключевые слова / Keywords:
prevention of drug abuse, anti-narcotic actions, educational environment.
Аннотация / Annotation:
The article covers a problem of prevention of non-medical use of drugs and psychotropic substances in educational sphere. The author proposes a complex of preventive measures within the system of education in order to stop abuse of drugs and drug crimes.
Ключевые слова / Keywords:
prevention of drug abuse, anti-narcotic actions, educational environment.
BATUEVA E.TS. Batueva E.Ts. – Chief Specialist Expert of the Department of Legal Support and Juridical Protection of the Administration of Federal Registration Service in the Republic of Buryatia
Concept of Object of Incomplete Construction Project in Modern Civil Law in Russia
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Аннотация / Annotation:
Within the frameworks of this research issues of civil and legal regulation of circulation of incomplete construction project are considered. In particular, author analyzes existing legislation, approaches to deciding problems arising in civil and legal circulation of the specified construction projects. In the same time this article contains research of the category ‘incomplete construction project’ and a moment of appearance of a site as a real estate.
Ключевые слова / Keywords:
law, real estate, a site, incomplete construction project.
Аннотация / Annotation:
Within the frameworks of this research issues of civil and legal regulation of circulation of incomplete construction project are considered. In particular, author analyzes existing legislation, approaches to deciding problems arising in civil and legal circulation of the specified construction projects. In the same time this article contains research of the category ‘incomplete construction project’ and a moment of appearance of a site as a real estate.
Ключевые слова / Keywords:
law, real estate, a site, incomplete construction project.
GULAKYAN G.G. Gulakyan G.G. – Applicant for the Institute of Economics and Entrepreneurship
Principles of Succession of Enterprise
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Аннотация / Annotation:
The article covers basic principles of succession in a field of succession of enterprise. The problem of institute of succession of enterprise in Russia is explained, historic review of the issue is represented. Characteristics of legal status of successors recognized for succession under the will of physical person, legal entity, and public structures are given. Issue of a set of succession of enterprise is explained.
Ключевые слова / Keywords:
institute of succession of enterprise, principles of succession, real estate, entrepreneurship.
Аннотация / Annotation:
The article covers basic principles of succession in a field of succession of enterprise. The problem of institute of succession of enterprise in Russia is explained, historic review of the issue is represented. Characteristics of legal status of successors recognized for succession under the will of physical person, legal entity, and public structures are given. Issue of a set of succession of enterprise is explained.
Ключевые слова / Keywords:
institute of succession of enterprise, principles of succession, real estate, entrepreneurship.