Право и образование
№ 06 • 2012
MODERN EDUCATION
NOVIKOVA E.YU. Novikova E.Yu. – Professor of the Department of Philosophy of Russian Economic University in the name of G.V.Plekhanov, Doctor of Philosophy
Actual Problems of Modernization of Higher Education in Russia
Страницы / Pages: 4-13
Аннотация / Annotation:
Practical implementation of a law of education is considered in the article. The most important problems of transfer to a new system of education, problems of innovative development of universities and implementation of a competence approach and employement of specialists are described. Necessity of correction of reforms and contradictions arising in a process of education and employment is reasoned.
Ключевые слова / Keywords:
education, a law, a bachelor, a master, innovations, competences, professionalism.
Аннотация / Annotation:
Practical implementation of a law of education is considered in the article. The most important problems of transfer to a new system of education, problems of innovative development of universities and implementation of a competence approach and employement of specialists are described. Necessity of correction of reforms and contradictions arising in a process of education and employment is reasoned.
Ключевые слова / Keywords:
education, a law, a bachelor, a master, innovations, competences, professionalism.
NAGOVITSYN S.G. Nagovitsyn S.G. – Head of the Department of Human, Social and Economic and Natural Scientific Disicplines of Izhevsk Juridical Institute, Branch of the Russian Academy of Law of the Minsitry of Justice of Russia, PhD in Pedagogy, Associate Professor
A Model of Developing Individual Integrative Educational Paths in a Juridical University
Страницы / Pages: 14-19
Аннотация / Annotation:
Direct inclusion of a student into developing activities is not only a method of effecting on social basic practice but also a method of development and self-actualization through actualization of natural forces and potentials. Development is not only activity of developing a practice but also as a method of personal building a human being.
Ключевые слова / Keywords:
development, an educational dimension, individual educational paths, a model of development.
Аннотация / Annotation:
Direct inclusion of a student into developing activities is not only a method of effecting on social basic practice but also a method of development and self-actualization through actualization of natural forces and potentials. Development is not only activity of developing a practice but also as a method of personal building a human being.
Ключевые слова / Keywords:
development, an educational dimension, individual educational paths, a model of development.
EGOSHIN I.V. Egoshin I.V. – Head of the Department of Training of Police Officer of Ural Juridical Institute of the Ministry of Internal Affairs of Russia
Effectivity of a Case-Study Method for Training Recruits in Educational Institutions of the Ministry of Internal Affairs of Russia in a field of Performing Their Social Function and Protecting Citizens of Russia
Страницы / Pages: 20-29
Аннотация / Annotation:
Data of a pedagogic testing of recruits of an educational institution of a system of the Ministry of Internal Affairs of Russia are analyzed in the article; and its contradictions in knowledge and necessity to improve training in order to develop skills of solving complex tasks and professional situations are detected. The author proposes to use a case-study method as a method of analyzing special situations.
Ключевые слова / Keywords:
recruits, a proptection function, a case-study, problem and training lessons, educational needs of recruits.
Аннотация / Annotation:
Data of a pedagogic testing of recruits of an educational institution of a system of the Ministry of Internal Affairs of Russia are analyzed in the article; and its contradictions in knowledge and necessity to improve training in order to develop skills of solving complex tasks and professional situations are detected. The author proposes to use a case-study method as a method of analyzing special situations.
Ключевые слова / Keywords:
recruits, a proptection function, a case-study, problem and training lessons, educational needs of recruits.
GADZHIEVA P.D. Gadzhieva P.D. – Associate Professor of the Depratment of Theory and Methods of Teaching of Law of Dagestan State Pedagogic University, PhD in Pedagogy
Conceptual Statements of Legal Education of Students in Conditions of Modernization of a School
Страницы / Pages: 30-37
Аннотация / Annotation:
The article covers a problem of legal education of students of educational institutions in conditions of modernization of a school. Main concepts and approaches of various authors to organization of teaching law for students are considered in the article; educational and methodical sets of law for pupils in a secondary school are charecterized.
Ключевые слова / Keywords:
legal education, legal culture, a subject approach, an integrated approach, an institutional approach.
Аннотация / Annotation:
The article covers a problem of legal education of students of educational institutions in conditions of modernization of a school. Main concepts and approaches of various authors to organization of teaching law for students are considered in the article; educational and methodical sets of law for pupils in a secondary school are charecterized.
Ключевые слова / Keywords:
legal education, legal culture, a subject approach, an integrated approach, an institutional approach.
SAVIK S.A. Savik S.A. – Senior Teacher of the Department of Social Sciences of the Military Academy of Belarus
TRAINING OF OFFICERS IN BELARUS WITHIN THE CONTEXT OF REFORMING A SYSTEM OF MILITARY EDUCATION IN LEADING COUNTRIES OF NATO AND CIS
Страницы / Pages: 38-48
Аннотация / Annotation:
The article covers a problem of training of officers for military forces of a state. An author shows specifics a system of officers’ training in Belarus created in the end of 20-the beginning of 21st century and analyzes experience of officers’ training in the USA and germany and the results of military reforming in Russian in 2008-2012.
Ключевые слова / Keywords:
a state, military forces, officers, military education, military educational institutions.
AN EDUCATIONAL LAWАннотация / Annotation:
The article covers a problem of training of officers for military forces of a state. An author shows specifics a system of officers’ training in Belarus created in the end of 20-the beginning of 21st century and analyzes experience of officers’ training in the USA and germany and the results of military reforming in Russian in 2008-2012.
Ключевые слова / Keywords:
a state, military forces, officers, military education, military educational institutions.
MOROZOVA S.A. Morozova S.A. – Professor of the Department of Theory of Law and Civil and Legal Education of Juridical Faculty RGPU in the name of A.I.Herzen, PhD in Pedagogy, Laureate of Government Award of the Russian Federation in Education
Problems of Transfer for 3G FGOS VPO and Training of Teacher of Law on Juridical Faculties of Universities
Страницы / Pages: 49-57
Аннотация / Annotation:
The article covers actual problems of implementation of regulations of the state federal standard for higher professional education 3G FGOS VPO in juridical education and includes recommendations in improving requirements of FGOS VPO.
Ключевые слова / Keywords:
a competence, a competence approach, professional competence, abilities, assessment, control, self-actualization, principles of contents selection, a construction approach in education, a model of an abstract of a lecture in accordance with requirements of FGOS VPO.
Аннотация / Annotation:
The article covers actual problems of implementation of regulations of the state federal standard for higher professional education 3G FGOS VPO in juridical education and includes recommendations in improving requirements of FGOS VPO.
Ключевые слова / Keywords:
a competence, a competence approach, professional competence, abilities, assessment, control, self-actualization, principles of contents selection, a construction approach in education, a model of an abstract of a lecture in accordance with requirements of FGOS VPO.
TIMOFEEVA I.V. Timofeeva I.V. – Associate Professor of the Department of Informative Law and Legal Studies of Saint-Petersburg State University of Space Engineering, PhD in Law
KUZNETSOVA M.V. Kuznetsova M.V. – Postgraduate Student of the Department of State Law of Saint-Petersburg State University of Space Engineering
CONSTITUTIONAL AND LEGAL WARRANTIES OF IMPLEMENTATION OF A RIGHT FOR EDUCATION BY DISABLED CHILDREN HAVING PROBLEMS OF INTELLIGENT DEVELOPMENT
Страницы / Pages: 58-67
Аннотация / Annotation:
The article covers a problem of implementation of a constitutional right for education by children having deep mental subnormality. Great attention is paid to constitutional and legal warranties of implmentation of this right for education by disabled children. As a conclusion authors propose their scientific and research work in a field of implementation of a right for education by discbled children having medium and deep mental subnormality.
Ключевые слова / Keywords:
right for education, warrantoies of implementation, disabled children having medium and deep mental subnormality.
Аннотация / Annotation:
The article covers a problem of implementation of a constitutional right for education by children having deep mental subnormality. Great attention is paid to constitutional and legal warranties of implmentation of this right for education by disabled children. As a conclusion authors propose their scientific and research work in a field of implementation of a right for education by discbled children having medium and deep mental subnormality.
Ключевые слова / Keywords:
right for education, warrantoies of implementation, disabled children having medium and deep mental subnormality.
LEVINA M.V. Levina M.V. – Applicant of the Department of Theory and History of State and Law of Juridical Faculty of Kazan Federal University
Types of Contract Legal Regulation in Education
Страницы / Pages: 68-74
Аннотация / Annotation:
An analysis of contract regulation of public relations including education is conducted in the article; a concept of contract legal regulation is included; a classification of types of contract legal regulation is proposed.
Ключевые слова / Keywords:
paid educational services, contract regulation of educational relations, international contract regulation, internal contract regulation, a public contract legal regulation, a private contract legal regulation.
A THEORY OF LAWАннотация / Annotation:
An analysis of contract regulation of public relations including education is conducted in the article; a concept of contract legal regulation is included; a classification of types of contract legal regulation is proposed.
Ключевые слова / Keywords:
paid educational services, contract regulation of educational relations, international contract regulation, internal contract regulation, a public contract legal regulation, a private contract legal regulation.
MARKIN A.V. Markin A.V. – Head of the Department of Civil law and Procedures of Tolyatti State University, PhD in Law, Associate Professor
Logic of Evolution of Law and Responsibility
Страницы / Pages: 75-79
Аннотация / Annotation:
Juridical responsibility is charecterized as an element reflecting availability of progressive tendencies in law. A problem of existing of philosophic knowledge of law as a criterion of legality of law and intelligent instrument of searching future for a wishing law, is described.
Ключевые слова / Keywords:
logic, evolution, responsibility, culture, value, philosophy, a theory, jurisprudence, knowledge, science, methodology.
Аннотация / Annotation:
Juridical responsibility is charecterized as an element reflecting availability of progressive tendencies in law. A problem of existing of philosophic knowledge of law as a criterion of legality of law and intelligent instrument of searching future for a wishing law, is described.
Ключевые слова / Keywords:
logic, evolution, responsibility, culture, value, philosophy, a theory, jurisprudence, knowledge, science, methodology.
KALANDARISHVILI Z.N. Kalandarishvili Z.N. – Deputy Director of the Department of Theory of Law and Law Enforcement Activity of Saint-Petersburg Human University of Trade Unions, PhD in Law, PhD in Pedagogy, Associate Professor
VORONTSOVA M.A. Vorontsova M.A. – Teacher of the Department of Theory of Law and Law Enforcement Activity of Saint-Petersburg Human University of Trade Unions
LEGAL SECURITY OF A PERSONALITY IN A MODERN RUSSIAN SOCIETY AS AN IMPORTANT COMPONENT OF INDIVIDUAL LEGAL CULTURE
Страницы / Pages: 80-87
Аннотация / Annotation:
There is a serious problem in Russia related to protection of human rights and freedoms. Growth of legislative breaches and violations in protection of rights and freedoms of Russian citizens effects on development of legal security of a personality. Development of a theoretical and methodological security of a personality is described in the article.
Ключевые слова / Keywords:
security, legal security, a society, a personality, rights and freedoms, legal culture.
Аннотация / Annotation:
There is a serious problem in Russia related to protection of human rights and freedoms. Growth of legislative breaches and violations in protection of rights and freedoms of Russian citizens effects on development of legal security of a personality. Development of a theoretical and methodological security of a personality is described in the article.
Ключевые слова / Keywords:
security, legal security, a society, a personality, rights and freedoms, legal culture.
OSMOLOVSKAYA YA.A. Osmolovskaya Ya.A. – Senior Teacher of Smolensk State University
Meaning of Will and Declaration of Will in Real Estate Transactions
Страницы / Pages: 88-95
Аннотация / Annotation:
Some concepts of civil law as will and expression of will are investigated in the article and thier relations are explained. A conclusion about expression of will without fixation by a method, which is accessible for the third party can not be considered as a legal fact.
Ключевые слова / Keywords:
will, expression of will, a principles of freedom of a contract, notarial certification.
DISCUSSING A PROBLEMАннотация / Annotation:
Some concepts of civil law as will and expression of will are investigated in the article and thier relations are explained. A conclusion about expression of will without fixation by a method, which is accessible for the third party can not be considered as a legal fact.
Ключевые слова / Keywords:
will, expression of will, a principles of freedom of a contract, notarial certification.
MIRONOV O.O. Mironov O.O. – Head of the Department of State and Legal Disciplines of the Modern University for the Humanities, Doctor of Law, Professor
Declaration in Constitutional History of States
Страницы / Pages: 96-105
Аннотация / Annotation:
Declarations having important constitutional and legal meaning are charecterized. They are usually based on constitutions and adopted as main laws in a period of deep changes in a society. Main directions of public life, its principles that are fixed in a constitution.
Ключевые слова / Keywords:
declaration, a constitution, souvereignty, human rights, separation of powers.
Аннотация / Annotation:
Declarations having important constitutional and legal meaning are charecterized. They are usually based on constitutions and adopted as main laws in a period of deep changes in a society. Main directions of public life, its principles that are fixed in a constitution.
Ключевые слова / Keywords:
declaration, a constitution, souvereignty, human rights, separation of powers.
KAVERIN B.I. Kaverin B.I. – Professor of the Department of Philosophy and Religious Studies of the Military University, Doctor fo Philosophy, Professor
SUSTAVOV V.P. Sustavov V.P. – Head Researcher of the Center of Military Legal Researches of the Military University, Doctor of Philosophy, Professor
Modern Theory of Civilization: Determining an Initial Concept
Страницы / Pages: 106-117
Аннотация / Annotation:
The article covers an analysis of existing theories of a concept ‘civilization’ as an initial concept in a theory of civilizations. Authors analyze works of Russian and foreign researchers in the given field of science.
Ключевые слова / Keywords:
civilization, a civilized approach, a complex society, an ethnic and cultural approach, religious believes.
Аннотация / Annotation:
The article covers an analysis of existing theories of a concept ‘civilization’ as an initial concept in a theory of civilizations. Authors analyze works of Russian and foreign researchers in the given field of science.
Ключевые слова / Keywords:
civilization, a civilized approach, a complex society, an ethnic and cultural approach, religious believes.
SAZONOV V.E. Sazonov V.E. – Head of the Committee of Lawyers ‘Sazonov, Markin and Co’, Member of the Expert Council of the Committee of the State Duma on Issues of Property, PhD in Law
Canadian Experience of Legal Support and Implementation of State and Private Partnership
Страницы / Pages: 118-123
Аннотация / Annotation:
The article covers determining a concept state and private partnership.
Ключевые слова / Keywords:
state and private partnership, state management, public interests.
Аннотация / Annotation:
The article covers determining a concept state and private partnership.
Ключевые слова / Keywords:
state and private partnership, state management, public interests.
EFREMOV I.A. Efremov I.A. – Member of Lawyers’ Chamber of Moscow, PhD in Law, Associate Professor
When Russia Will be a Constitutional State
Страницы / Pages: 124-130
Аннотация / Annotation:
The author concludes on the basis of an analysis of constitutional regulations and law-making practice in order to create a constitutional state in Russia we need to develop real mechanisms of separation of powers and a mechanism of a constitutional state.
Ключевые слова / Keywords:
system problems, legality, laws manage, concentration of powers by one person, a vertical of power, a constitution, people, elections, a mechanism of separation of powers, a mechanism of a legal state.
Аннотация / Annotation:
The author concludes on the basis of an analysis of constitutional regulations and law-making practice in order to create a constitutional state in Russia we need to develop real mechanisms of separation of powers and a mechanism of a constitutional state.
Ключевые слова / Keywords:
system problems, legality, laws manage, concentration of powers by one person, a vertical of power, a constitution, people, elections, a mechanism of separation of powers, a mechanism of a legal state.
TALYNEV V.E. Talynev V.E. – Professor of the Department of Sociology, Political Studies and Religious Studies of Tikhookeanskiy State University, Doctor of Sociology, Associate Professor
OSIPENKOV S.M. Osipenkov S.M. – Applicant of the Tikhookeanskiy State University
Social and Legal Support of Military Men and Migration Processes of Dalnevostochyi Region in 21st century
Страницы / Pages: 131-136
Аннотация / Annotation:
Problems of social and legal support of military men and migration of population of Russian Far East in relation to a process of reforming of Russian military forces are described in the article. Using sociological methods and analyzing a level of social and legal protection of dismissed military men and main reasons of outflow of population from Far East are conducted.
Ключевые слова / Keywords:
social and legal support, migration, migration processes, demographic policy of a state.
Аннотация / Annotation:
Problems of social and legal support of military men and migration of population of Russian Far East in relation to a process of reforming of Russian military forces are described in the article. Using sociological methods and analyzing a level of social and legal protection of dismissed military men and main reasons of outflow of population from Far East are conducted.
Ключевые слова / Keywords:
social and legal support, migration, migration processes, demographic policy of a state.
LYSOV I.S. Lysov I.S. – Assistent of the Department of Constitutional Law and Human Rights of Juridical Faculty of Kazan Federal University
Ratio between Individual Criminal Responsibility and Institute of ‘Mutual Criminal Actions’ in Modern Criminal Law
Страницы / Pages: 137-143
Аннотация / Annotation:
A principle of mutual criminal actions is put into a practice of modern international criminal tribunals. An ability to use this principle is based on a principle of individual criminal responsibility and its distribution in general international law. These problems are considered in the article.
Ключевые слова / Keywords:
an international criminal procedure, international criminal courts and tribunals, an international law, an institution of criminal actions, a justfied criminal procedure.
PAGES OF HISTORYАннотация / Annotation:
A principle of mutual criminal actions is put into a practice of modern international criminal tribunals. An ability to use this principle is based on a principle of individual criminal responsibility and its distribution in general international law. These problems are considered in the article.
Ключевые слова / Keywords:
an international criminal procedure, international criminal courts and tribunals, an international law, an institution of criminal actions, a justfied criminal procedure.
KHLEBODAROV S.A. Khlebodarov S.A. – Teacher of Syzran Medical College
Regulation of School Regional Activity in the Legislation of Primary Public Education in 1880-1890
Страницы / Pages: 144-149
Аннотация / Annotation:
Legal regulations in a field of primary public education published in 1880-1890 and related to functioining of regional schools are consoidered in the article. Legislative limitations in regional and school activities existed in a period of contra-reforms under Alexander III and continued by his son Nikolay II in the second half of 1890ies are analyzed.
Ключевые слова / Keywords:
a regional school, a region, prohibition, a law, a circular, protective legislation, a church-regional school.
Аннотация / Annotation:
Legal regulations in a field of primary public education published in 1880-1890 and related to functioining of regional schools are consoidered in the article. Legislative limitations in regional and school activities existed in a period of contra-reforms under Alexander III and continued by his son Nikolay II in the second half of 1890ies are analyzed.
Ключевые слова / Keywords:
a regional school, a region, prohibition, a law, a circular, protective legislation, a church-regional school.
ZHILTSOV S.V. Zhiltsov S.V. – Professor of the Department of History of State and Law of Tolyatti State University, Doctor of Law, Associate Professor
Specifics of Utilization of Death Penalty in the World War II
Страницы / Pages: 150-158
Аннотация / Annotation:
The article covers actual problems of the extreme legislation of the period of the World War II. The legislation related to application of death penalty is considered in the article. Cases of application of a death penalty and types of crimes are considered.
Ключевые слова / Keywords:
death penalty, the World War II, extreme legislation, a statement, execution.
A SCIENTIFIC DEBUTАннотация / Annotation:
The article covers actual problems of the extreme legislation of the period of the World War II. The legislation related to application of death penalty is considered in the article. Cases of application of a death penalty and types of crimes are considered.
Ключевые слова / Keywords:
death penalty, the World War II, extreme legislation, a statement, execution.
PONKINA A.A. Ponkina A.A. – Student of Juridical Faculty in the name of M.M.Speranskiy of the Russian Academy of Public Economy and State Service under the President of the Russian Federation
Some Thoughts of a Concept of Malpractice, Possible Measures of Its Prevention, and Related Problems
Страницы / Pages: 159-166
Аннотация / Annotation:
The article covers a research of a problem of malpractice and its prevention and reduction. Correspondences of malpractices and iatrogenies are considered. Authpor’s definition of a malpractice is given. Directions of prevention of malpractices are proposed and problems related to implementation of these proposals are considered.
Ключевые слова / Keywords:
malpractice, iatrogeny, a medical law, patients’ rights, preventive prudencial control over malpractices.
Аннотация / Annotation:
The article covers a research of a problem of malpractice and its prevention and reduction. Correspondences of malpractices and iatrogenies are considered. Authpor’s definition of a malpractice is given. Directions of prevention of malpractices are proposed and problems related to implementation of these proposals are considered.
Ключевые слова / Keywords:
malpractice, iatrogeny, a medical law, patients’ rights, preventive prudencial control over malpractices.
MAKSIMOV A.I. Maksimov A.I. – Postgraduate Student of the Department of Criminal Law of Tolyatti State University in the name of V.N.Tatishchev
A Concept of Punishment Restricting Labor and Professional Activity
Страницы / Pages: 167-170
Аннотация / Annotation:
The author of the article proves on the basis of legal materials that the most distributed types of punishment limiting labor and professional activity are mandatory works. Also there are punishments such as deprivation of special, military or honored rank, degree or government awards and restrictions in military servicing, that are imposed by courts.
Ключевые слова / Keywords:
rights, freedoms, citizens, punishment, labor activity, a profession, a damage, application, a place of residence, military and honored rank, government awards.
Аннотация / Annotation:
The author of the article proves on the basis of legal materials that the most distributed types of punishment limiting labor and professional activity are mandatory works. Also there are punishments such as deprivation of special, military or honored rank, degree or government awards and restrictions in military servicing, that are imposed by courts.
Ключевые слова / Keywords:
rights, freedoms, citizens, punishment, labor activity, a profession, a damage, application, a place of residence, military and honored rank, government awards.
PETROVA E.S. Petrova E.S. – Postgraduate Student of the Department of Civil Law and Procedures of Russian State Social University
Legal Support in a field of Real-Estate Services in the Russian Federation
Страницы / Pages: 171-176
Аннотация / Annotation:
Some aspects of legal support of estate services are described in the article. An author states that the serious disadvantage in real estate activities is a lack of special federal laws. It effects on practical activities of real estate firms, private estate agents, and consumers of their services.
Ключевые слова / Keywords:
an estate agent, legal support, real estate activities, estate bargain, Russian Guild of Estate Agents, services.
Аннотация / Annotation:
Some aspects of legal support of estate services are described in the article. An author states that the serious disadvantage in real estate activities is a lack of special federal laws. It effects on practical activities of real estate firms, private estate agents, and consumers of their services.
Ключевые слова / Keywords:
an estate agent, legal support, real estate activities, estate bargain, Russian Guild of Estate Agents, services.
NIKITIN D.N. Nikitin D.N. – Postgraduate Student of the Modern University for the Humanities, Jurist Consult JSC ‘Assorti’
An Issue of Nature of Some Subjective Rights of Marital Partners
Страницы / Pages: 177-182
Аннотация / Annotation:
The article covers a problem of delimitation of personal and property rights of marital partners. A legal nature of some subjective rights of marital partners is investigated. Authors propose to amend the Family Code of the Russian Federation.
Ключевые слова / Keywords:
marital partners, personal non-property rights, property rigths, delimitation between property and non-property rights.
Аннотация / Annotation:
The article covers a problem of delimitation of personal and property rights of marital partners. A legal nature of some subjective rights of marital partners is investigated. Authors propose to amend the Family Code of the Russian Federation.
Ключевые слова / Keywords:
marital partners, personal non-property rights, property rigths, delimitation between property and non-property rights.
EPANCHINA M.P. Epanchina M.P. – Listener of the Faculty of Jurisprudence in the name of M.M.Speranskiy of the Russian Academy of Public Economy and State Service under the President of the Russian Federation
The European Commission on Organs’ Transplantation under the Council of Europe
Страницы / Pages: 183-186
Аннотация / Annotation:
The article covers a research of work of the European Commission of Ograns’ Transplantation under the Council of Europe, its authorities, and the adopted regulations.
Ключевые слова / Keywords:
transplantation, the Council of Europe, organs, human organule and tissue, the Convension, transplantation.
Аннотация / Annotation:
The article covers a research of work of the European Commission of Ograns’ Transplantation under the Council of Europe, its authorities, and the adopted regulations.
Ключевые слова / Keywords:
transplantation, the Council of Europe, organs, human organule and tissue, the Convension, transplantation.