Право и образование
№ 06 • 2011
MODERN EDUCATION
ANISIMOV A.P. Anisimov A.P. – Professor of the Department of Theory and History of State and Law of the Federal State Educational Institution for Higher Professional Education (FGOU VPO) ‘Volgograd Academy of State Service’, Doctor of Law
MELNICHENKO R.G. Melnichenko R.G. – Associate Professor of the Department of Theory and History of State and Law of the Federal State Educational Institution for Higher Professional Education (FGOU VPO) ‘Volgograd Academy of State Service’
Rating of Teachers as the Main Criterion in Accreditation of a University
Страницы / Pages: 4-10
Аннотация / Annotation:
An issue of necessity of creation a rating list of Russian juridical universities, which will be based on rating lists of teachers of juridical disciplines, is considered in the article. The authors give an analysis of basic criteria of assessment of a teaching staff in any Russian university.
Ключевые слова / Keywords:
a university, a teacher, a rating list, a term of service, publications.
Аннотация / Annotation:
An issue of necessity of creation a rating list of Russian juridical universities, which will be based on rating lists of teachers of juridical disciplines, is considered in the article. The authors give an analysis of basic criteria of assessment of a teaching staff in any Russian university.
Ключевые слова / Keywords:
a university, a teacher, a rating list, a term of service, publications.
NOVIKOVA E.YU. Novikova E.Yu. – Professor of Russian Economic University in the name of G.V.Plekhanov, Doctor of Philosophy
Higher Education for Students-Migrants in Russia
Страницы / Pages: 11-20
Аннотация / Annotation:
Specifics of getting higher education by students-migrants are described in the article. A role of cultural values in a structure of educational strategies of students is shown. Implementation of social and cultural approach in higher education is reasoned. Higher education is connected to development of cultural tolerance, communication skills in various cultural environments with common cultural and professional competences of students.
Ключевые слова / Keywords:
higher education, stidents-migrants, culture, education, poly-cultural communications, ethnic and cultural identity, common cultural and professional competences.
Аннотация / Annotation:
Specifics of getting higher education by students-migrants are described in the article. A role of cultural values in a structure of educational strategies of students is shown. Implementation of social and cultural approach in higher education is reasoned. Higher education is connected to development of cultural tolerance, communication skills in various cultural environments with common cultural and professional competences of students.
Ключевые слова / Keywords:
higher education, stidents-migrants, culture, education, poly-cultural communications, ethnic and cultural identity, common cultural and professional competences.
MATYUSHEVA T.N. Matyusheva T.N. – Associate Professor of the Department of State and Legal Disciplines of Nothern Caucasian Branch of GOU VPO ‘Russian Academy of Justice’, PhD in Law
State Warranties of Support of Avavilability of Education for Children Having a Special Social Status
Страницы / Pages: 21-28
Аннотация / Annotation:
Warranties of support of availability of education in Russia are considered in the article. The author relates to this issue increasing of juridical protection of subjects of a right for education. Great attention is paid to education of orphaned children, parentless children, disabled children and children having deviant behavior.
Ключевые слова / Keywords:
state warranties, a right for education, availability of education, children having a special social status.
Аннотация / Annotation:
Warranties of support of availability of education in Russia are considered in the article. The author relates to this issue increasing of juridical protection of subjects of a right for education. Great attention is paid to education of orphaned children, parentless children, disabled children and children having deviant behavior.
Ключевые слова / Keywords:
state warranties, a right for education, availability of education, children having a special social status.
SAMSONOV I.I. Samsonov I.I. – Associate Professor of the Department of Methods of Teaching of Physical Training of Sibirian State University for Physical Training and Sports, PhD in Pedagogy
POVALYAEVA G.V. Povalyaeva G.V. – Senior Teacher of the Department of Theory and Methods of Gymnastics Sibirian State University for Physical Training and Sports
Problems of training of a sport reserve in educational institutions of additional education for children
Страницы / Pages: 29-36
Аннотация / Annotation:
The article covers consideration of an issue of regulation of a transfer of pupils of sport schools in grades and stages of port training. The authors on the basis of the existing legislation of the Russian Federation, studying fundamental documents, which regulate a process of trasfer, propose variations of improvement of a sport reserve training.
Ключевые слова / Keywords:
a transfer of pupils, grades and stages of sport training, control and trasfer regulations, sport schools.
PROFESSIONAL EDUCATION Аннотация / Annotation:
The article covers consideration of an issue of regulation of a transfer of pupils of sport schools in grades and stages of port training. The authors on the basis of the existing legislation of the Russian Federation, studying fundamental documents, which regulate a process of trasfer, propose variations of improvement of a sport reserve training.
Ключевые слова / Keywords:
a transfer of pupils, grades and stages of sport training, control and trasfer regulations, sport schools.
CHISLOV A.I. Chislov A.I. – Head of FGOU VPO ‘Tyumen Juridical Institute of the Ministry of Internal Affairs of Russia’, Doctor of Law, Professor
ASTAFIEV N.V. Astafiev N.V. – Professor of the Department of FGOU VPO ‘Tyumen Juridical Institute of the Ministry of Internal Affairs of Russia’, Doctor of Pedagogy, Professor
Processes of Integration in Higher Professional Education of the Ministry of Internal Affairs of Russia: Theory and Practice
Страницы / Pages: 37-50
Аннотация / Annotation:
The article covers organization of higher professional education within the system of the Ministry of Internal Affairs in accordance with FGOS-3 standards. Necessity of providing of so-called ‘internal’ integration such as development of interdisciplinary ties (according to FGOS-3 terminology ‘professionally specialized competences’) in two ways: between disciplines of specializations and between disciplines of weapons training. The ways of providing of so-called ‘external’ integration namely organization of education by interacting with an employer (recruiting organs) are shown, and it is one of main FGOS-3 standards.
Ключевые слова / Keywords:
educational institutions of the Ministry of Internal Affairs of Russia, higher professional education, quality management of specialists training, ‘internal’ and ‘external’ integration of a process of education and training.
Аннотация / Annotation:
The article covers organization of higher professional education within the system of the Ministry of Internal Affairs in accordance with FGOS-3 standards. Necessity of providing of so-called ‘internal’ integration such as development of interdisciplinary ties (according to FGOS-3 terminology ‘professionally specialized competences’) in two ways: between disciplines of specializations and between disciplines of weapons training. The ways of providing of so-called ‘external’ integration namely organization of education by interacting with an employer (recruiting organs) are shown, and it is one of main FGOS-3 standards.
Ключевые слова / Keywords:
educational institutions of the Ministry of Internal Affairs of Russia, higher professional education, quality management of specialists training, ‘internal’ and ‘external’ integration of a process of education and training.
GOLOVNYA A.I. Golovnya A.I. – Professor of the Academy of the Federal Security Service of Russia, PhD in Pedagogy
Problem Dimension of Learning Disciplines of Legal Studies: Experience of Constructing and Practice of Using in a System of Supplementary Professional Education
Страницы / Pages: 51-60
Аннотация / Annotation:
The article covers practice of development of subject and problem dimensions of learning disciplines for programs of professional training and retraining. On the basis of long-term experience of pedagogic work within a system of supplementary professional education, the author proposes the results of his work and typical algorythms of development of appropriate problem blocks by a branch department of a juridical university.
Ключевые слова / Keywords:
subject consideration of a scientific and theoretic problem, problem dimension of an educational subject, profile information massives, lexical accounting units, mechanisms of correction of the given data.
Аннотация / Annotation:
The article covers practice of development of subject and problem dimensions of learning disciplines for programs of professional training and retraining. On the basis of long-term experience of pedagogic work within a system of supplementary professional education, the author proposes the results of his work and typical algorythms of development of appropriate problem blocks by a branch department of a juridical university.
Ключевые слова / Keywords:
subject consideration of a scientific and theoretic problem, problem dimension of an educational subject, profile information massives, lexical accounting units, mechanisms of correction of the given data.
NIKOLAEV S.M. Nikolaev S.M. – Head of the Faculty of Supplementary Professional Education of Pskov Juridical Institute of the Federal Service of Execution of Punishment of Russia, PhD in Pedagogy
Organization of Practical Training for Students, Recruits, and Listners of Lecures in Juridical Universities (Execution of a Punishment in a form of Obligatory Works)
Страницы / Pages: 61-65
Аннотация / Annotation:
The article covers organization of practical training in criminal-executive inspections. The given mechanism enables to develop juridical skills of execution of obligatory works and increase effectiveness of execution of punishment in a form of obligatory works and enlarge practice of its imposing in proceedings.
Ключевые слова / Keywords:
practical training, obligatory works, criminal and executive inspections, professional competences of students-jurists.
A THEORY OF LAWАннотация / Annotation:
The article covers organization of practical training in criminal-executive inspections. The given mechanism enables to develop juridical skills of execution of obligatory works and increase effectiveness of execution of punishment in a form of obligatory works and enlarge practice of its imposing in proceedings.
Ключевые слова / Keywords:
practical training, obligatory works, criminal and executive inspections, professional competences of students-jurists.
GULYAIKHIN V.N. Gulyaikhin V.N. – Head of the Department of Social Work and Pedagogy of Volgograd State University, Doctor of Philosophy, Associate Professor
SHIRO S.V. Shiro S.V. – Head of the Department of Law of Volgograd State Pedagogic University, PhD in Pedagogy, Associate Professor
Initial Legal Socialization of a Person
Страницы / Pages: 66-77
Аннотация / Annotation:
The article covers a problem of initial legal socialization of a person. Using methodology of menal analysis by E.Eriksson, the author conducts analysis of mental and social problems of development of a person as a subject of law. Great attention is paid to fundamental age criteria influencing on a process of development of consciousness of a person.
Ключевые слова / Keywords:
legal socialization, consciousness, legal culture, mental and social crisis, a child.
Аннотация / Annotation:
The article covers a problem of initial legal socialization of a person. Using methodology of menal analysis by E.Eriksson, the author conducts analysis of mental and social problems of development of a person as a subject of law. Great attention is paid to fundamental age criteria influencing on a process of development of consciousness of a person.
Ключевые слова / Keywords:
legal socialization, consciousness, legal culture, mental and social crisis, a child.
SIGALOV K.E. Sigalov K.E. – Professor of the Department of Theory and History of State and Law of Moscow University of the Ministry of Internal Affairs of Russia, PhD, Associate Professor
Natural analogues of law and a problem of mastering
Страницы / Pages: 78-85
Аннотация / Annotation:
It is proved in the article, that vital activities of highly organized animals show that a root of regulatory behavior have started from more earlier and even pre-human history; there are mechanisms in the nature of fighting against behavior, which is optimal or inacceptable for other people.
Ключевые слова / Keywords:
law genesis, sociability, regulatory, aggerssion, a ritual, a hierarchy, an order, a territory, a ceremony, taboo, violation, reconstruction.
DISCUSSING A PROBLEM Аннотация / Annotation:
It is proved in the article, that vital activities of highly organized animals show that a root of regulatory behavior have started from more earlier and even pre-human history; there are mechanisms in the nature of fighting against behavior, which is optimal or inacceptable for other people.
Ключевые слова / Keywords:
law genesis, sociability, regulatory, aggerssion, a ritual, a hierarchy, an order, a territory, a ceremony, taboo, violation, reconstruction.
KOZHEVNIKOV O.A. Kozhevnikov O.A. – Head of the Department of Legal Support of the Committee of Juridical Work of the City Administration of Yekaterinburg, Professor of the Department of Constitutional Law of Ural State Juridical Academy, Doctor of Law
Modernization of the State without Changing of its Relation to its Apparatus is Impossible
Страницы / Pages: 86-91
Аннотация / Annotation:
The article covers some problems of low effectiveness of work of state apparatus in conditions of modernization of Russian state. Great attention is paid to investigation of value of legal literacy of state officers in using their authorities on behalf of the state.
Ключевые слова / Keywords:
a right, a state, a state officer, state service, executive power, legal nihilism, authorities.
Аннотация / Annotation:
The article covers some problems of low effectiveness of work of state apparatus in conditions of modernization of Russian state. Great attention is paid to investigation of value of legal literacy of state officers in using their authorities on behalf of the state.
Ключевые слова / Keywords:
a right, a state, a state officer, state service, executive power, legal nihilism, authorities.
SHUGUROV M.V. Shugurov M.V. – Professor of the Department of Philosophy of Saratov State Academy of Law. Doctor of Philosophy, Associate Professor
Internationally Recognized Human Rights of Peoples in Scientific and Technological Progress and Using of its Results: Problems of Effective Implementation
Страницы / Pages: 92-104
Аннотация / Annotation:
The article covers consideration of a set of problems related to definite normative contents and ways of implementation of a human right to use achievements of scientific and research progress in conditions of modernity. Great attention is paid to analysis of international legal documents fixing this right. The author considers a place of this right within a system of internationally recognized rights and freedoms and situations, when this right should be considered as a right of peoples. A role of the investigated right as a principle of international partnership in a field of science, technologies and innovations, is set.
Ключевые слова / Keywords:
human rights, innovative development, international scientific and technological partnership, a transfer of technologies, sustainable development.
Аннотация / Annotation:
The article covers consideration of a set of problems related to definite normative contents and ways of implementation of a human right to use achievements of scientific and research progress in conditions of modernity. Great attention is paid to analysis of international legal documents fixing this right. The author considers a place of this right within a system of internationally recognized rights and freedoms and situations, when this right should be considered as a right of peoples. A role of the investigated right as a principle of international partnership in a field of science, technologies and innovations, is set.
Ключевые слова / Keywords:
human rights, innovative development, international scientific and technological partnership, a transfer of technologies, sustainable development.
VNUKOV N.A. Vnukov N.A. – Associate Professor of the Department of Civil and Legal Disciplines of Orel Regional Academy of State Service, PhD in Pedagogy
Definite Types of Contracts Concluded by Citizens-Consumers: Legal and Economic Problems
Страницы / Pages: 105-113
Аннотация / Annotation:
Issues of a role and place of a consumer contract within a system of regulation of market relations are considered in the article. The author demonstrates problems of legal regulation of definite types of a consumer contract.
Ключевые слова / Keywords:
a citizen-consumer, a consumer contract, web-money, an electronic consumer contract.
Аннотация / Annotation:
Issues of a role and place of a consumer contract within a system of regulation of market relations are considered in the article. The author demonstrates problems of legal regulation of definite types of a consumer contract.
Ключевые слова / Keywords:
a citizen-consumer, a consumer contract, web-money, an electronic consumer contract.
POMERLYAN A.N. Pomerlyan A.N. – Deputy Director of Novosibirsk Military Institute on Educational Work, PhD in Law, Associate Professor
Problems of Limitation and Implementation of Human Rights in Conditions of Emergency and Extraordinary Military Situations
Страницы / Pages: 114-117
Аннотация / Annotation:
Problems of limitation of human rights in conditions of emergency and extraordinary military situations are considered in the article; mechanisms of legal protection of human rights and citizens’ interests protected by the law are analyzed.
Ключевые слова / Keywords:
emergency and extraordinary military situations, legal protection, legal limitations of rights and freedoms, punishment, liability, preventive measures.
CRIMINAL LAWАннотация / Annotation:
Problems of limitation of human rights in conditions of emergency and extraordinary military situations are considered in the article; mechanisms of legal protection of human rights and citizens’ interests protected by the law are analyzed.
Ключевые слова / Keywords:
emergency and extraordinary military situations, legal protection, legal limitations of rights and freedoms, punishment, liability, preventive measures.
VASILIEV A.M. Vasiliev A.M. – Head of the Department of Legal Disciplines, Armavir State Pedagogic Academy, PhD in Law, Doctor of History, Associate Professor
Social Nature of Correction of a Prisoner and Prevention of Commiting New Crimes in Russian Criminal Legislation
Страницы / Pages: 118-123
Аннотация / Annotation:
Learning of criminal law by students shouldn’t limited by the analysis of the existing legislation and judicial practice. Now there are definite results in criminal law in a field of implmentation of social nature of correction of a prisoner. But the given results are not satisfactory. Legislative and law enforcing activity needs in development of scientifically reasoned mechanism of implementation of human rights in a field of criminal law.
Ключевые слова / Keywords:
criminal law, goals of punishment, prevention of crimes, criminal responsibility, violation, legal order, a delict, criminality, a criminal, correction.
Аннотация / Annotation:
Learning of criminal law by students shouldn’t limited by the analysis of the existing legislation and judicial practice. Now there are definite results in criminal law in a field of implmentation of social nature of correction of a prisoner. But the given results are not satisfactory. Legislative and law enforcing activity needs in development of scientifically reasoned mechanism of implementation of human rights in a field of criminal law.
Ключевые слова / Keywords:
criminal law, goals of punishment, prevention of crimes, criminal responsibility, violation, legal order, a delict, criminality, a criminal, correction.
DOLGOPOLOV K.A. Dolgopolov K.A. – Associate Professor of the Department o Jurisprudence of Nothern Caucasian Technical Institute for the Humanities, PhD in Law
Personality of a Guilty as one of Criterion of Condemning a Punishment
Страницы / Pages: 124-128
Аннотация / Annotation:
The article covers a problem of imposing a criminal punishment. An issue is considered, if presence of criminal records related to the same or another type of crimes should be recogized by the judge imposing a punishment.
Ключевые слова / Keywords:
a punishment, criteria of imposing a punishment, a personality of a guilty, criminal records.
PAGES OF HISTORYАннотация / Annotation:
The article covers a problem of imposing a criminal punishment. An issue is considered, if presence of criminal records related to the same or another type of crimes should be recogized by the judge imposing a punishment.
Ключевые слова / Keywords:
a punishment, criteria of imposing a punishment, a personality of a guilty, criminal records.
RESHETNIKOV G.L. Reshetnikov G.L. – Associate Professor of the Department of Legal and Documentary Support of Russian State Professional and Pedagogic University, Yekaterinburg, PhD in Law, Associate Professor
First Steps of Russian Women to Education in Law
Страницы / Pages: 129-136
Аннотация / Annotation:
The article covers first steps of Russian women on their way to education in law in Russian and foreign universities.
Ключевые слова / Keywords:
woman movements, education in law, universities.
Аннотация / Annotation:
The article covers first steps of Russian women on their way to education in law in Russian and foreign universities.
Ключевые слова / Keywords:
woman movements, education in law, universities.
HUSHTOKOVA E.V. Hushtokova E.V. – Postgraduate Student of the Department of History of State Administartion of the Academy of Public Economy and State Service under the President of the Russian Federation
Some Aspects of Reforms in a Field of Higehr Education in Russia (the end of 80ies-90ies of the 20th century)
Страницы / Pages: 137-145
Аннотация / Annotation:
The article covers a problem of reforming contents of education and management of universities of Russia in the end of 20th century. The analysis of state support in a field of providing higher education for citizens of Russia is made. Great attention is paid to investigation of development of market in a field of education as a main element, on which policy of higher education is based.
Ключевые слова / Keywords:
reforming of education, management of universities, teaching, learning.
Аннотация / Annotation:
The article covers a problem of reforming contents of education and management of universities of Russia in the end of 20th century. The analysis of state support in a field of providing higher education for citizens of Russia is made. Great attention is paid to investigation of development of market in a field of education as a main element, on which policy of higher education is based.
Ключевые слова / Keywords:
reforming of education, management of universities, teaching, learning.
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
Nazi Law Trial. Nuremberg Judgement: 65 Years After
Страницы / Pages: 146-155
Аннотация / Annotation:
The article covers investigation of Nazi law conducted by the International Tribunal in Nuremberg. 65-year anniversary of this judgement is commemorated at the present time. Great attention is paid to theoretical basis of cases entered to military criminals in Nuremberg Proceedings, totalitarism in power, and legal policy of fascist Germany and fundamentals of Nazi law, represented by chief prosecutors in Nuremberg.
Ключевые слова / Keywords:
Nuremberg Judgement, international tribunal, Nazi law, fascism.
SCIENTIFIC DEBUT Аннотация / Annotation:
The article covers investigation of Nazi law conducted by the International Tribunal in Nuremberg. 65-year anniversary of this judgement is commemorated at the present time. Great attention is paid to theoretical basis of cases entered to military criminals in Nuremberg Proceedings, totalitarism in power, and legal policy of fascist Germany and fundamentals of Nazi law, represented by chief prosecutors in Nuremberg.
Ключевые слова / Keywords:
Nuremberg Judgement, international tribunal, Nazi law, fascism.
ZABELIN P.E. Zabelin P.E. – Postgraduate Student of the Modern University for the Humanities
Franchising in a Field of Education
Страницы / Pages: 156-165
Аннотация / Annotation:
The article covers problems of using franchising in a field of education. Analysis of franchising as social, economic, and legal events is conducted; a terminological basis is investigated; issues of legal regulation of franchising are considered. Great attention is paid to investigation of factors restraining development of franchising in a field of education.
Ключевые слова / Keywords:
franchising, a franchise, a franchiser, a franchisee, a commercial concession, a complex of exclusive rights.
Аннотация / Annotation:
The article covers problems of using franchising in a field of education. Analysis of franchising as social, economic, and legal events is conducted; a terminological basis is investigated; issues of legal regulation of franchising are considered. Great attention is paid to investigation of factors restraining development of franchising in a field of education.
Ключевые слова / Keywords:
franchising, a franchise, a franchiser, a franchisee, a commercial concession, a complex of exclusive rights.
TUKMAKOV V.I. Tukmakov V.I. – Head of the Sector of ООО “TyumenNIIgiprogas’
Legal Regulation of Quality of Scientific and Research Products in a Contract on Scientific , Research, Experimental, Construction and Technical Works
Страницы / Pages: 166-171
Аннотация / Annotation:
The results of analysis of regulatory and technical documents in order to find problems for development of recommendations for requirements of quality of scientific and technical products in a contract on scientific, research, experimental, construction and technical works, are represented in the article.
Ключевые слова / Keywords:
a contract on scientific, research, experimental, construction and technical works, quality of scientific and technical products, standards, objects of technical regulation, scientific and (or) sceintific and technical results, competitive ability of products, responsibility of parties.
Аннотация / Annotation:
The results of analysis of regulatory and technical documents in order to find problems for development of recommendations for requirements of quality of scientific and technical products in a contract on scientific, research, experimental, construction and technical works, are represented in the article.
Ключевые слова / Keywords:
a contract on scientific, research, experimental, construction and technical works, quality of scientific and technical products, standards, objects of technical regulation, scientific and (or) sceintific and technical results, competitive ability of products, responsibility of parties.
KUTYUKOV D.V. Kutyukov D.V. – Postgarduate Student of the Depratment of Civil Law of the Modern University for the Humanities
Entrepreneurial Code of the Russian Federation: Pro et Contra
Страницы / Pages: 172-176
Аннотация / Annotation:
It is stated in the article, that entrepreneurial code should unify isolated regulations of entrepreneurial, terminate problems in legal regulation of subjects of these constitutional and legal relations, and fix liability for violation of the legislation.
Ключевые слова / Keywords:
codification of entrepreneurial law, the Entrepreneurial Code, isolated regulations in entrepreneurship, a law of status of entrepreneurs.
Аннотация / Annotation:
It is stated in the article, that entrepreneurial code should unify isolated regulations of entrepreneurial, terminate problems in legal regulation of subjects of these constitutional and legal relations, and fix liability for violation of the legislation.
Ключевые слова / Keywords:
codification of entrepreneurial law, the Entrepreneurial Code, isolated regulations in entrepreneurship, a law of status of entrepreneurs.