Право и образование
№ 06 • 2013
АКТУАЛЬНОЕ ИНТЕРВЬЮEDUCATIONAL LAW

Lyamsin M.A. – Doctor of Pedagogy, Professor

Masyagin V.P. – Doctor of Pedagogy, Professor

Страницы / Pages: 8-20
Аннотация / Annotation:
The article covers analysis of changes within a system of education of the Russian Federation, which are fixed in federal laws, and consideration of contents of elements of a system of education in the Federal Law ‘Education in the Russian Federation’.
Ключевые слова / Keywords:
a system, a system of education, federal state educational standards, educational programs, educational institutions, teachers and tutors, pupils, management in education.
Аннотация / Annotation:
The article covers analysis of changes within a system of education of the Russian Federation, which are fixed in federal laws, and consideration of contents of elements of a system of education in the Federal Law ‘Education in the Russian Federation’.
Ключевые слова / Keywords:
a system, a system of education, federal state educational standards, educational programs, educational institutions, teachers and tutors, pupils, management in education.

Bogdanov A.V. – PhD in Law

Страницы / Pages: 21-31
Аннотация / Annotation:
A comparative analysis of a competence of organs of state power of subjects in the Russian Federation in education is conducted on the basis of comparing authorities fixed in the Law of The Russian Federation No.3266-1 ‘Education’ dated July 10, 1992, and functions of regional powers applying from September 1, 2013 in the Federal Law of the Russian Federation No.273 ‘Education in the Russian Federation’ dated December 12, 2012.
Ключевые слова / Keywords:
authorities, legislation, education.
Аннотация / Annotation:
A comparative analysis of a competence of organs of state power of subjects in the Russian Federation in education is conducted on the basis of comparing authorities fixed in the Law of The Russian Federation No.3266-1 ‘Education’ dated July 10, 1992, and functions of regional powers applying from September 1, 2013 in the Federal Law of the Russian Federation No.273 ‘Education in the Russian Federation’ dated December 12, 2012.
Ключевые слова / Keywords:
authorities, legislation, education.

Matyusheva T.N. – Doctor of Law, Associate Professor

Страницы / Pages: 32-42
Аннотация / Annotation:
The article covers a research of legal status of children with deviant behavior. A conclusion of necessity of training into account specifics of children having deviant behavior in implementing constitutional right for education is made.
Ключевые слова / Keywords:
children with deviant behavior, legal status, minor learners, the Federal Law ‘Education in the Russian Federation’.
MODERN EDUCATIONАннотация / Annotation:
The article covers a research of legal status of children with deviant behavior. A conclusion of necessity of training into account specifics of children having deviant behavior in implementing constitutional right for education is made.
Ключевые слова / Keywords:
children with deviant behavior, legal status, minor learners, the Federal Law ‘Education in the Russian Federation’.

Zautorova E.V. – Doctor of Pedagogy, Associate Professor

Страницы / Pages: 43-45
Аннотация / Annotation:
An employee of a penal system needs in such personal qualities, which are in accordance with an important social role such as correction of prisoner’s behavior in isolation. Liberal education is a complex process, but it is not always related to specifics of governmental universities.
Ключевые слова / Keywords:
a penal system, education in a governmental university, liberal education.
Аннотация / Annotation:
An employee of a penal system needs in such personal qualities, which are in accordance with an important social role such as correction of prisoner’s behavior in isolation. Liberal education is a complex process, but it is not always related to specifics of governmental universities.
Ключевые слова / Keywords:
a penal system, education in a governmental university, liberal education.

Osipov P.N – Doctor of Pedagogy

Irismetov A.I.
–

Страницы / Pages: 46-50
Аннотация / Annotation:
The article covers a research of educational and professional motivation in a process of educational training of future specialists-ecologists. A structural and functional model and pedagogic conditions of development of educational and professional motivation of future specialists-ecologists are considered.
Ключевые слова / Keywords:
educational and professional motivation, ecological education.
Аннотация / Annotation:
The article covers a research of educational and professional motivation in a process of educational training of future specialists-ecologists. A structural and functional model and pedagogic conditions of development of educational and professional motivation of future specialists-ecologists are considered.
Ключевые слова / Keywords:
educational and professional motivation, ecological education.

Ivanova G.A. – PhD in Pedagogy

Страницы / Pages: 51-57
Аннотация / Annotation:
Abilities of improvement of professional culture of students by using case technologies are shown in the article. Cases for ethic concepts ‘danger’, ‘safe’, ‘risk’, and ‘adventure’ are represented. Target of education is to set conditions developing readiness to responsible moral choice in professional activity of a jurist.
Ключевые слова / Keywords:
a method of situational analysis, professional culture, concepts ‘danger’ and ‘safe’, ethic collisions, ambivalence, moral choice.
FOREIGN EXPERIENCEАннотация / Annotation:
Abilities of improvement of professional culture of students by using case technologies are shown in the article. Cases for ethic concepts ‘danger’, ‘safe’, ‘risk’, and ‘adventure’ are represented. Target of education is to set conditions developing readiness to responsible moral choice in professional activity of a jurist.
Ключевые слова / Keywords:
a method of situational analysis, professional culture, concepts ‘danger’ and ‘safe’, ethic collisions, ambivalence, moral choice.

Kananykina E.S. – PhD in Law

Страницы / Pages: 58-67
Аннотация / Annotation:
The article covers a problem of development of a system of education of European countries in conditions of modified legislation on issues of secondary and higher education and development of general European educational dimension.
Ключевые слова / Keywords:
an educational doctrine, European law, The Bologna Process, a legislation of education.
Аннотация / Annotation:
The article covers a problem of development of a system of education of European countries in conditions of modified legislation on issues of secondary and higher education and development of general European educational dimension.
Ключевые слова / Keywords:
an educational doctrine, European law, The Bologna Process, a legislation of education.

Vasilenko A.A. – PhD in Law

Страницы / Pages: 68-72
Аннотация / Annotation:
The article covers a problem of studying principles of educational law of the Republic of Belarus. Using articles of the Code of the Republic of Belarus on Education an analysis of principles of educational law is conducted. Great attention is paid to investigation of classification of main principles of educational law.
Ключевые слова / Keywords:
educational law, principles of law, classification of principles, education.
Аннотация / Annotation:
The article covers a problem of studying principles of educational law of the Republic of Belarus. Using articles of the Code of the Republic of Belarus on Education an analysis of principles of educational law is conducted. Great attention is paid to investigation of classification of main principles of educational law.
Ключевые слова / Keywords:
educational law, principles of law, classification of principles, education.

Kiselev A.K. – Doctor of History, Associate Professor

Страницы / Pages: 73-76
Аннотация / Annotation:
The article covers problems in scientific-research work of SRIs for the police in member countries of the European Union and its coordinating center – The European Police College – CEPOL.
Ключевые слова / Keywords:
CEPOL, scientific research, academic education, police, police training, theoretical knowledge, practical skills.
20-YEAR ANNIVERSARY OF THE CONSTITUTION OF THE RUSSIAN FEDERATIONАннотация / Annotation:
The article covers problems in scientific-research work of SRIs for the police in member countries of the European Union and its coordinating center – The European Police College – CEPOL.
Ключевые слова / Keywords:
CEPOL, scientific research, academic education, police, police training, theoretical knowledge, practical skills.

Mironov O.O. – Doctor of Law, Professor

Страницы / Pages: 77-85
Аннотация / Annotation:
Influence of regulations of international law of the Constitution of the Russian Federation by 1993 on legal activities in Russia is considered in the article. International and legal principles and regulations are taken into account in work of the Constitutional Court of the Russian Federation, used in courts of general jurisdiction, by Russian ombudsmen, other subjects of law; and they enable to develop modern legal consciousness.
Ключевые слова / Keywords:
The Constitution of the Russian Federation, principles and regulations of international law, Russian ombudsmen, European Human Rights Court.
Аннотация / Annotation:
Influence of regulations of international law of the Constitution of the Russian Federation by 1993 on legal activities in Russia is considered in the article. International and legal principles and regulations are taken into account in work of the Constitutional Court of the Russian Federation, used in courts of general jurisdiction, by Russian ombudsmen, other subjects of law; and they enable to develop modern legal consciousness.
Ключевые слова / Keywords:
The Constitution of the Russian Federation, principles and regulations of international law, Russian ombudsmen, European Human Rights Court.

Yevdokimov V.B. – Doctor of Law, Professor

Страницы / Pages: 86-91
Аннотация / Annotation:
Existing models of constitutional justice in constituent entities of the Russian Federation in modern conditions are considered in the article; and participation of procurator’s offices and constitutional justice (The Constitutional Court of the Russian Federation and its charter courts) in providing unity of legal dimension and constitutional legitimacy is shown.
Ключевые слова / Keywords:
a principle of separation of powers, unity of legal dimension, decision of the Constitutional Court of the Russian Federation, participation of procurator’s offices in constitutional justice.
Аннотация / Annotation:
Existing models of constitutional justice in constituent entities of the Russian Federation in modern conditions are considered in the article; and participation of procurator’s offices and constitutional justice (The Constitutional Court of the Russian Federation and its charter courts) in providing unity of legal dimension and constitutional legitimacy is shown.
Ключевые слова / Keywords:
a principle of separation of powers, unity of legal dimension, decision of the Constitutional Court of the Russian Federation, participation of procurator’s offices in constitutional justice.

Kochetkov V.V. – PhD in Philosophy

Страницы / Pages: 92-105
Аннотация / Annotation:
A position of invalid constitutionalism where main rights and freedoms of citizens are fixed in the Constitution but there are no real legal mechanisms for their implementation, is a special trait of Russian state law in the beginning of 20th century. This situation is similar to the situation in modern Russia. To solve this problem is possible only through return to ethic fundamentals of a paradigm of constitutionalism.
Ключевые слова / Keywords:
constitutionalism, state law, invalid constitutionalism, October Revolution in 1917, autocracy.
SCIENTIFIC MESSAGESАннотация / Annotation:
A position of invalid constitutionalism where main rights and freedoms of citizens are fixed in the Constitution but there are no real legal mechanisms for their implementation, is a special trait of Russian state law in the beginning of 20th century. This situation is similar to the situation in modern Russia. To solve this problem is possible only through return to ethic fundamentals of a paradigm of constitutionalism.
Ключевые слова / Keywords:
constitutionalism, state law, invalid constitutionalism, October Revolution in 1917, autocracy.

Lopatina T.M. – Doctor of Law

Страницы / Pages: 106-113
Аннотация / Annotation:
Various aspects of extremism as social and cultural phenomenon are considered; approaches to understanding of tolerance and possible measures in education of young generations in accordance with a modern model of a cultural man are proposed.
Ключевые слова / Keywords:
radicalism, youth extremism, moral education, tolerance.
Аннотация / Annotation:
Various aspects of extremism as social and cultural phenomenon are considered; approaches to understanding of tolerance and possible measures in education of young generations in accordance with a modern model of a cultural man are proposed.
Ключевые слова / Keywords:
radicalism, youth extremism, moral education, tolerance.

Khasnutdinov R.R. – PhD in Law, Associate Professor

Страницы / Pages: 114-120
Аннотация / Annotation:
The author reasons effectiveness of a functional system represented by P.K. Anokhin in ‘general systems theory’ and in legal researches.
Ключевые слова / Keywords:
system, an approach, legal, a research, a system, functional, a method, a component, focused, useful, a result.
Аннотация / Annotation:
The author reasons effectiveness of a functional system represented by P.K. Anokhin in ‘general systems theory’ and in legal researches.
Ключевые слова / Keywords:
system, an approach, legal, a research, a system, functional, a method, a component, focused, useful, a result.

Smirnov A.M. – PhD in Law

Страницы / Pages: 121-125
Аннотация / Annotation:
It is stated that one of reasons of lynch-law in Russia are defaults and neglects in educational and pedagogic influence on a person applying from the moment of birth. These defaults are shown and measures for fighting againts them are proposed.
Ключевые слова / Keywords:
lynch-laws, prevention of lynch-laws, educational and pedagogic measures of prevention of lynch-laws.
Аннотация / Annotation:
It is stated that one of reasons of lynch-law in Russia are defaults and neglects in educational and pedagogic influence on a person applying from the moment of birth. These defaults are shown and measures for fighting againts them are proposed.
Ключевые слова / Keywords:
lynch-laws, prevention of lynch-laws, educational and pedagogic measures of prevention of lynch-laws.

Lityagin N.N. – PhD in Economics, Associate Professor

Страницы / Pages: 126-133
Аннотация / Annotation:
Factors influencing on investments, specifics of investments in a real sector of economy and social sphere are enlisted. Great attention is paid to investment specifics of special economic zones and foreign investments. Influence of investment legislation and law-enforcement practice on investments is analyzed.
Ключевые слова / Keywords:
investments, private investors, public investors, social investments, special economic zones, foreign investments, investment legislation, law-enforcement practice.
PAGES OF HISTORYАннотация / Annotation:
Factors influencing on investments, specifics of investments in a real sector of economy and social sphere are enlisted. Great attention is paid to investment specifics of special economic zones and foreign investments. Influence of investment legislation and law-enforcement practice on investments is analyzed.
Ключевые слова / Keywords:
investments, private investors, public investors, social investments, special economic zones, foreign investments, investment legislation, law-enforcement practice.

Kolemasov V.N. – PhD in History, Associate Professor

Страницы / Pages: 134-142
Аннотация / Annotation:
Main stages of development of a system of professional education in organs of internal affairs in 1917-1941 are expressed in the article. Policy of Soviet state in a sphere of internal affairs is analyzed. Specifics of recruitment for militia, organization of training of employees of organs of internal affairs in the given period of time are shown.
Ключевые слова / Keywords:
professional education, organs of internal affairs, militia, criminality, public peace, schools of militia.
Аннотация / Annotation:
Main stages of development of a system of professional education in organs of internal affairs in 1917-1941 are expressed in the article. Policy of Soviet state in a sphere of internal affairs is analyzed. Specifics of recruitment for militia, organization of training of employees of organs of internal affairs in the given period of time are shown.
Ключевые слова / Keywords:
professional education, organs of internal affairs, militia, criminality, public peace, schools of militia.

Ponomareva L.A. – Doctor of Medicine

Ponomarev A.V. – PhD in Medicine

Khlebodarov S.A.
–

Страницы / Pages: 143-153
Аннотация / Annotation:
An analysis of legislative initiatives of the government in developing a system of civil paramedic education existing in the second half of 19th century starting from reforms of Alexander II and implementation of territorial management in Russia. Practical implementation of the set legal statements by territorial paramedic schools in Penza, Simbirsk and Samara regions are shown.
Ключевые слова / Keywords:
paramedic education, territorial medical schools, statutes, educational programs, a territory, a medical council.
Аннотация / Annotation:
An analysis of legislative initiatives of the government in developing a system of civil paramedic education existing in the second half of 19th century starting from reforms of Alexander II and implementation of territorial management in Russia. Practical implementation of the set legal statements by territorial paramedic schools in Penza, Simbirsk and Samara regions are shown.
Ключевые слова / Keywords:
paramedic education, territorial medical schools, statutes, educational programs, a territory, a medical council.

Shakhov V.V. – PhD in History

Страницы / Pages: 154-161
Аннотация / Annotation:
The article covers problems related to provision of noble class in Russia by the state power and by in-class corporate institutions in 19th-the beginning of 20th century. The goals is investigating various forms and methods of support of a system of education for noble youth. In particular policy of the state, activity of in-class corporate institutions and private initiative of some representatives of higher class are considered.
Ключевые слова / Keywords:
in-class noble charity, a boarding school, special educational institution for nobility, a poor nobleman, a military school, a noble boarding school.
A SCIENTIFIC DEBUTАннотация / Annotation:
The article covers problems related to provision of noble class in Russia by the state power and by in-class corporate institutions in 19th-the beginning of 20th century. The goals is investigating various forms and methods of support of a system of education for noble youth. In particular policy of the state, activity of in-class corporate institutions and private initiative of some representatives of higher class are considered.
Ключевые слова / Keywords:
in-class noble charity, a boarding school, special educational institution for nobility, a poor nobleman, a military school, a noble boarding school.

Mikhailova E.V.
–

Страницы / Pages: 162-168
Аннотация / Annotation:
This article covers goods, circulation of which is limited in accordance with Russian legislation such as land plots and weapon, for example. The author pays attention to necessity of serious understanding of a juridical concept ‘special authorization’.
Ключевые слова / Keywords:
civil circulation, goods, an operator, compensatory nature.
Аннотация / Annotation:
This article covers goods, circulation of which is limited in accordance with Russian legislation such as land plots and weapon, for example. The author pays attention to necessity of serious understanding of a juridical concept ‘special authorization’.
Ключевые слова / Keywords:
civil circulation, goods, an operator, compensatory nature.

Yefimov V.A.
–

Страницы / Pages: 169-178
Аннотация / Annotation:
The object of a research are new forms of labor relations in Russian and abroad. The main source of experimental data is a questionnaire conducted in Russian organizations and among remote employees. The subject is culture of social management regulating new forms of labor relations in organizations using remote labor and distance employment in Russia and abroad. Data of foreign experience are found on official web-sites of EC, MOT and in serious special publications.
Ключевые слова / Keywords:
information society, culture, social management, teleworking, foreign experience, e-signature.
Аннотация / Annotation:
The object of a research are new forms of labor relations in Russian and abroad. The main source of experimental data is a questionnaire conducted in Russian organizations and among remote employees. The subject is culture of social management regulating new forms of labor relations in organizations using remote labor and distance employment in Russia and abroad. Data of foreign experience are found on official web-sites of EC, MOT and in serious special publications.
Ключевые слова / Keywords:
information society, culture, social management, teleworking, foreign experience, e-signature.

Ivinskaya M.S.
–

Страницы / Pages: 179-185
Аннотация / Annotation:
Needs in improving concepts used in scientific and juridical literature and in banking in the Legislation of the Russian Federation are set through historic and dialectic methods of cognition.
Ключевые слова / Keywords:
merger and acquisition, merger, consolidation.
Аннотация / Annotation:
Needs in improving concepts used in scientific and juridical literature and in banking in the Legislation of the Russian Federation are set through historic and dialectic methods of cognition.
Ключевые слова / Keywords:
merger and acquisition, merger, consolidation.