Право и образование
№ 06 • 2014
EDUCATIONAL LAW
MIKHAILOV V.I. Mikhailov V.I. – Candidate of Sociological Sciences, Professor of the Academy of Military Sciences of the RF
Topical Areas of Socio-Legal Research of Problems of Management of Educational Activities
Страницы / Pages: 4-11
Аннотация / Annotation:
The article is devoted to the role and significance of the socio-legal research of the problems of management of educational activities. It analyzes the internal environment of institutions of general education using a systems approach. It pays attention to the study of the human factor in the process of management.
Ключевые слова / Keywords:
socio-legal research, systems approach, institutions of general education, human factor.
Аннотация / Annotation:
The article is devoted to the role and significance of the socio-legal research of the problems of management of educational activities. It analyzes the internal environment of institutions of general education using a systems approach. It pays attention to the study of the human factor in the process of management.
Ключевые слова / Keywords:
socio-legal research, systems approach, institutions of general education, human factor.
KRUPENYA E.M. Krupenya E.M. – Associate Professor of Theory and History State and Law, Faculty of Law Medical University Moscow State Pedagogical University , PhD, Associate Professor
The human right to education:theoretical and methodological analysis chelovekotsentristsky
Страницы / Pages: 12-17
Аннотация / Annotation:
The articlepresents an analysisof human rightseducation, its essence and principles of the object as a general theoretical study. The author focuses on the fact that modern theoretical and legal development of the human right to education actualized the current state of theoretical jurisprudence (postklassika) and in particular, chelovekotsentristskoy research program. She believes will contribute to ensure the proper maintenance of scientific strategy of the state in education, and the very human right to education in Russia was effectively acting (effective).
Ключевые слова / Keywords:
right to education, the essence of the right to education, the principles of the right to education, the implementation of the right to education, legal awareness, citizen chelovekotsentrizm, positivism, education strategy.
Аннотация / Annotation:
The articlepresents an analysisof human rightseducation, its essence and principles of the object as a general theoretical study. The author focuses on the fact that modern theoretical and legal development of the human right to education actualized the current state of theoretical jurisprudence (postklassika) and in particular, chelovekotsentristskoy research program. She believes will contribute to ensure the proper maintenance of scientific strategy of the state in education, and the very human right to education in Russia was effectively acting (effective).
Ключевые слова / Keywords:
right to education, the essence of the right to education, the principles of the right to education, the implementation of the right to education, legal awareness, citizen chelovekotsentrizm, positivism, education strategy.
HAJIYEV P.D. Hajiyev P.D. – k.p.n. , Associate Professor theory and methods of teaching law VPO “ DSPU “
IDRISSOVA R.N. Idrissova R.N. – Director of the Center coordinationwork with gifted children
Actual problems of the rights of gifted children in the modern school
Страницы / Pages: 18-23
Аннотация / Annotation:
The paper is devoted to the realization of children’s rights in the educational process in secondary schools it reveals issues of principle as the humanization of education laws which are based on the idea of protecting the rights and interests of gifted children
Ключевые слова / Keywords:
child rights humanization of education of gifted children.
MODERN EDUCATIONАннотация / Annotation:
The paper is devoted to the realization of children’s rights in the educational process in secondary schools it reveals issues of principle as the humanization of education laws which are based on the idea of protecting the rights and interests of gifted children
Ключевые слова / Keywords:
child rights humanization of education of gifted children.
CHIZHIK P.I. Chizhik P.I. – associate Professor of philosophyand religion Military University, Doctor of Philosophy, Professor
SPIRITUALLY-MORAL GUALITIES OF HIGH SCHOOL TEACHER: CURRENT STATUS ANDLANDMARKS
Страницы / Pages: 24-31
Аннотация / Annotation:
The article describes the role and importance of spiritual and moral qualities of the modern Russian teacher, their decisive influence on the quality of the educational process in high school. Substantiates the position that the positive content of the spiritual and moral qualities acts as the most important component of the teacher of the spiritual world, largely determines the efficiency of the whole of his professional activities at the university.
Ключевые слова / Keywords:
“spiritual worldteacher”; “spiritual and moralqualities”; “moral cultureteacher”;“moral consciousness”;“moral positionof the teacher”; “educational processat the university”.
Аннотация / Annotation:
The article describes the role and importance of spiritual and moral qualities of the modern Russian teacher, their decisive influence on the quality of the educational process in high school. Substantiates the position that the positive content of the spiritual and moral qualities acts as the most important component of the teacher of the spiritual world, largely determines the efficiency of the whole of his professional activities at the university.
Ключевые слова / Keywords:
“spiritual worldteacher”; “spiritual and moralqualities”; “moral cultureteacher”;“moral consciousness”;“moral positionof the teacher”; “educational processat the university”.
OBORSKIY A.Y. Oborskiy A.Y. – the candidate of philosophical Sciences, docent.
KRUTILIN D.S. Krutilin D.S. – the candidate of sociological Sciences.
The research of the quality of the educational process and educational environment: the experience of the leading University in Moscow
Страницы / Pages: 32-38
Аннотация / Annotation:
This article provides the results of the sociological research of the quality of the learning environment and the learning process according to the Assessment of the faculty members of the branches of the Financial University under the Government of the Russian Federation, as well as the main problems of the educational process are singled out. The increased role of new methods and ways of education, its innovative character and the necessity of using modern information technologies are also marked.
Ключевые слова / Keywords:
the educational process; the educational environment; information technologies in education; the innovative character of education.
Аннотация / Annotation:
This article provides the results of the sociological research of the quality of the learning environment and the learning process according to the Assessment of the faculty members of the branches of the Financial University under the Government of the Russian Federation, as well as the main problems of the educational process are singled out. The increased role of new methods and ways of education, its innovative character and the necessity of using modern information technologies are also marked.
Ключевые слова / Keywords:
the educational process; the educational environment; information technologies in education; the innovative character of education.
OVSYANNIKOVA O.A. Ovsyannikova O.A. – candidate of pedagogical Sciences, associate Professor
Buildingacultureofspeechofstudentsof psycho-pedagogical profile enrolled in a specialized
Страницы / Pages: 39-46
Аннотация / Annotation:
This article analyzes the formation of culture of speech of students of psycho-pedagogical profile enrolled in a specialized high school, review the main features of literate speech educational future psychologist, communicative qualities of his speech in the context of the competence approach.
Ключевые слова / Keywords:
teacher of speech, verbal skills, communication styles, adaptive skills, communicative skills, communicative speech quality teachers, psycho-pedagogical profile, a specialized institution.
Аннотация / Annotation:
This article analyzes the formation of culture of speech of students of psycho-pedagogical profile enrolled in a specialized high school, review the main features of literate speech educational future psychologist, communicative qualities of his speech in the context of the competence approach.
Ключевые слова / Keywords:
teacher of speech, verbal skills, communication styles, adaptive skills, communicative skills, communicative speech quality teachers, psycho-pedagogical profile, a specialized institution.
ARSLANOV K.M. CANDIDATE OF JURIDICAL SCIENCES Arslanov K.M. candidate of juridical sciences – docent
About practical component of the Russian juridical education (signification of German legal experience)
Страницы / Pages: 47-54
Аннотация / Annotation:
The combining of theoretical and practical backgrounds in education of modern lawyer is the essential prerequisite for ordinary function of legal system. In the article is elucidated the historical and modern experience of preparation of Russian lawyer in the recognition of the close affinity between Russian and German law. The necessity of the recognition of milestones of German educational system as a part of practical background of the preparation system of lawyers is proved.
Ключевые слова / Keywords:
combining of theory and practice, German legal experience, Russian system of juridical education.
Аннотация / Annotation:
The combining of theoretical and practical backgrounds in education of modern lawyer is the essential prerequisite for ordinary function of legal system. In the article is elucidated the historical and modern experience of preparation of Russian lawyer in the recognition of the close affinity between Russian and German law. The necessity of the recognition of milestones of German educational system as a part of practical background of the preparation system of lawyers is proved.
Ключевые слова / Keywords:
combining of theory and practice, German legal experience, Russian system of juridical education.
V.V. TERESHCHENKO PH.D. IN PSYCHOLOGY V.V. Tereshchenko Ph.D. in Psychology – Associate Professor of the Department of General Psychology of Psychological and Pedagogic Faculty FGBOU VPO «Smolensk State University»
Using of the case- method in the teaching of juridicial psychology to bachelors of jurisprudence
Страницы / Pages: 55-64
Аннотация / Annotation:
This article gives arguments in favour of using of the case- technology in the process of teaching of judicial psycology, particularly in the part of judicial- psychological exaimination, to bachelors of jurisprudence. Special attention is paid to the learning of the new subject area “Judicial- psycological examination of socio-psycological peculiaritiesof a criminal group members”. Cases and methodological learners’ guide are offered.
Ключевые слова / Keywords:
case-technologies, judicial psychology, judicial-psycological examination of socio- psychological pecularities of a criminal group members.
WE DISCUSS THE PROBLEMАннотация / Annotation:
This article gives arguments in favour of using of the case- technology in the process of teaching of judicial psycology, particularly in the part of judicial- psychological exaimination, to bachelors of jurisprudence. Special attention is paid to the learning of the new subject area “Judicial- psycological examination of socio-psycological peculiaritiesof a criminal group members”. Cases and methodological learners’ guide are offered.
Ключевые слова / Keywords:
case-technologies, judicial psychology, judicial-psycological examination of socio- psychological pecularities of a criminal group members.
SABLUKOV A.V. Sablukov A.V. – doctor of sociological sciences
Main channels of obtaining information the population of Moscow about education
Страницы / Pages: 65-76
Аннотация / Annotation:
In article on the basis of data of sociological research, information preferences of the Muscovites who are interested in problems of education, are analyzed by changes occurring in it. Concrete recommendations about improvement of information work in education, as to the most important condition of implementation of the concept of the social examination, accepted and realized educational programs are offered.
Ключевые слова / Keywords:
education, social examination, channels (sources) of obtaining information, information preferences.
Аннотация / Annotation:
In article on the basis of data of sociological research, information preferences of the Muscovites who are interested in problems of education, are analyzed by changes occurring in it. Concrete recommendations about improvement of information work in education, as to the most important condition of implementation of the concept of the social examination, accepted and realized educational programs are offered.
Ключевые слова / Keywords:
education, social examination, channels (sources) of obtaining information, information preferences.
NOVIKOV A.V. Novikov A.V. – doctor of sociological Sciences, Professor
YARASEVA A.V. Yaraseva A.V. – doctor of economic Sciences, Professor
Conservative economic ideology in the transformation of the Russian society
Страницы / Pages: 77-83
Аннотация / Annotation:
The article is devoted to peculiarities of the Russian conservative economic ideology in Russian society.
Ключевые слова / Keywords:
conservatism, liberalism, philosophy inequality, development of society.
Аннотация / Annotation:
The article is devoted to peculiarities of the Russian conservative economic ideology in Russian society.
Ключевые слова / Keywords:
conservatism, liberalism, philosophy inequality, development of society.
BAKLANOV P.A. Baklanov P.A. – candidate of science (Sociology)
PERSONAL PROFESSIONAL IDENTITY IN IMAGE AND CONCEPTION CONTEXT (sociologic analysis)
Страницы / Pages: 84-93
Аннотация / Annotation:
The article pays special attention to individual professional identity issues in current economic conditions. Its conclusions and summary are based on the results of a sociologic survey on forming image and conception views of the future profession among representatives of various groups of respondents during their professional identification period. 1473 respondents from 20 constituent entities of the Russian Federation took part in the survey. The results of the survey reveal special aspects of professional identity of people representing different professional communities. Proposals reflect answers to topical questions of personal professional development in modern environment.
Ключевые слова / Keywords:
image and conception views, individual potential of personal professional identity.
Аннотация / Annotation:
The article pays special attention to individual professional identity issues in current economic conditions. Its conclusions and summary are based on the results of a sociologic survey on forming image and conception views of the future profession among representatives of various groups of respondents during their professional identification period. 1473 respondents from 20 constituent entities of the Russian Federation took part in the survey. The results of the survey reveal special aspects of professional identity of people representing different professional communities. Proposals reflect answers to topical questions of personal professional development in modern environment.
Ключевые слова / Keywords:
image and conception views, individual potential of personal professional identity.
ANDREEV K.M. Andreev K.M. – lawyer of the Moscow Bar Association «Protection»
Constitutional-legal protection of the religious secret: foreign experience of legal regulation and foreign jurisprudence
Страницы / Pages: 94-107
Аннотация / Annotation:
The article investigates the guarantees of recognition, compliance and protection of religious secret – as the most important constitutional guarantees of religious freedom. The author explores the experiences of Australia, Canada, USA and France at the specified range of issues.
Ключевые слова / Keywords:
religious freedom, religion, church-state relations, constitutional rights and freedoms, religious secret, secret of confession.
SCIENTIFIC MESSAGESАннотация / Annotation:
The article investigates the guarantees of recognition, compliance and protection of religious secret – as the most important constitutional guarantees of religious freedom. The author explores the experiences of Australia, Canada, USA and France at the specified range of issues.
Ключевые слова / Keywords:
religious freedom, religion, church-state relations, constitutional rights and freedoms, religious secret, secret of confession.
ERMOLAEVA S.A. Ermolaeva S.A. – doctor of Pedagogy, professor of Moscow Regional State Institute of Humanities and Social Studies
Child vagabondage: the history of research, development and nature of the key aspects
Страницы / Pages: 108-122
Аннотация / Annotation:
The article is devoted to the scientific research of juvenile vagabondage from the perspectives of different methodological approaches. Special attention is given to the history and development of the main notion of child vagabondage and other related phenomena such as homelessness, child neglect, juvenile deliquency.
Ключевые слова / Keywords:
juvenile vagabondage, poverty, homeless children, social maladjustment, juvenile delinquency.
Аннотация / Annotation:
The article is devoted to the scientific research of juvenile vagabondage from the perspectives of different methodological approaches. Special attention is given to the history and development of the main notion of child vagabondage and other related phenomena such as homelessness, child neglect, juvenile deliquency.
Ключевые слова / Keywords:
juvenile vagabondage, poverty, homeless children, social maladjustment, juvenile delinquency.
VASILYEV A.M. Vasilyev A.M. – doctor of historical sciences, candidate of jurisprudence, associate professor.
VASILYEVA N.A. Vasilyeva N.A. – teacher
Legal culture as social phenomenon
Страницы / Pages: 123-135
Аннотация / Annotation:
Article is devoted to legal culture where the main tendencies in research of this phenomenon from positions not only a legal element, but also the philosophical analysis are traced. Now scientists can’t find uniform approach to an assessment of legal culture. There is a set of approaches and definitions where we open culture – as level of intellectual development of the person corresponding to an era, providing to it ability to be guided in the surrounding social world, ensuring own way.
Ключевые слова / Keywords:
right; culture; state; law; behavior.
Аннотация / Annotation:
Article is devoted to legal culture where the main tendencies in research of this phenomenon from positions not only a legal element, but also the philosophical analysis are traced. Now scientists can’t find uniform approach to an assessment of legal culture. There is a set of approaches and definitions where we open culture – as level of intellectual development of the person corresponding to an era, providing to it ability to be guided in the surrounding social world, ensuring own way.
Ключевые слова / Keywords:
right; culture; state; law; behavior.
NUDEL S.L. Nudel S.L. – candidate of jurisprudence, associate professor, leading researcher of the All-Russia scientific research institute of the Ministry of Internal Affairs of Russia
Concept and principles of criminal policy of the Russian Federation in the area of finance
Страницы / Pages: 136-148
Аннотация / Annotation:
In the article the author on the basis of the analysis focuses on the concept and principles of criminal policy of the Russian Federation in the area of finance (legal principles and specific principles – unity and integrity of criminal policy, civil society participation, mutual responsibility of individuals, society and the state, international cooperation and mutual assistance in the fight against financial crime, criminal repression economy, national security) and disclosure of their contents.
Ключевые слова / Keywords:
criminal policy, finance, principles.
Аннотация / Annotation:
In the article the author on the basis of the analysis focuses on the concept and principles of criminal policy of the Russian Federation in the area of finance (legal principles and specific principles – unity and integrity of criminal policy, civil society participation, mutual responsibility of individuals, society and the state, international cooperation and mutual assistance in the fight against financial crime, criminal repression economy, national security) and disclosure of their contents.
Ключевые слова / Keywords:
criminal policy, finance, principles.
RYBIN I.V. Rybin I.V. – senior lecturer in criminal law Ural State Law Academy
Questions authentic use category of “action property character “ in criminal law.
Страницы / Pages: 149-155
Аннотация / Annotation:
This article focuses on an integrated approach to the study of a number of categories of criminal law standards of liability for property crimes . In particular, the concept of «property» , «action character property «, « property services « are considered as the integration of the cognitive science of civil law and economics. In matters of property relations, to ensure their effective regulation and protection of the improvement and development of the institutions of the criminal law is essential. So began the process of reforming the civil law will also change to the understanding of many basic categories. Criminal law is also influenced by changes in the right of the private sector. This requires clarification of vague wording in the dispositions of a series of articles devoted to protection of property relations. Changes in the civil legislation would entail a change in attitudes judicial practice . The use of the criminal law of assault and property can not develop in isolation from these trends. So are the current issues of integration of the conceptual apparatus of the law of private and criminal law .
Ключевые слова / Keywords:
property, the property of action, property-related services, the benefits of the property.
PAGES OF HISTORYАннотация / Annotation:
This article focuses on an integrated approach to the study of a number of categories of criminal law standards of liability for property crimes . In particular, the concept of «property» , «action character property «, « property services « are considered as the integration of the cognitive science of civil law and economics. In matters of property relations, to ensure their effective regulation and protection of the improvement and development of the institutions of the criminal law is essential. So began the process of reforming the civil law will also change to the understanding of many basic categories. Criminal law is also influenced by changes in the right of the private sector. This requires clarification of vague wording in the dispositions of a series of articles devoted to protection of property relations. Changes in the civil legislation would entail a change in attitudes judicial practice . The use of the criminal law of assault and property can not develop in isolation from these trends. So are the current issues of integration of the conceptual apparatus of the law of private and criminal law .
Ключевые слова / Keywords:
property, the property of action, property-related services, the benefits of the property.
ALEXEEV V.I. Alexeev V.I. – Ph.D
Methodological aspects of the interaction of criminal punishment and penal measures and pedagogical impact on prisoners (1879–1917 gg.)
Страницы / Pages: 156-165
Аннотация / Annotation:
This article analyzes the interaction functions with the functions of punishment penal- pedagogical influence. Their compatibility is the foundation of social and integrative role of the criminal penal law to ensure the objectives of criminal punishment.
Ключевые слова / Keywords:
regulatory and enforcement functions, court, criminal penalties, law enforcement, law-making , the implementation of law, prison policy, legal and moral correction, the purpose of criminal punishment, criminal law punishment, systematic and logical way of knowing.
Аннотация / Annotation:
This article analyzes the interaction functions with the functions of punishment penal- pedagogical influence. Their compatibility is the foundation of social and integrative role of the criminal penal law to ensure the objectives of criminal punishment.
Ключевые слова / Keywords:
regulatory and enforcement functions, court, criminal penalties, law enforcement, law-making , the implementation of law, prison policy, legal and moral correction, the purpose of criminal punishment, criminal law punishment, systematic and logical way of knowing.
MUKHAMEDOV R.А. Mukhamedov R.А. – doctor of historical Sciences, Professor of the Department of history.
ANIKIN S.A. Anikin S.A. – post-graduate student of Ulyanovsk state pedagogical University I.N. Ulyanov
The formation of market-legal space of the Middle Volga region in the 16th – 19th century.
Страницы / Pages: 166-172
Аннотация / Annotation:
This paper analyzes the characteristics of the development of trade and trade relations in the Middle Volga region since the construction of the first support-guard points from the second half of the XVI – XIX century on. in the context of the colonization of the territory of the Volga Region, as well as with the development of the railway and river transport infrastructure created new shopping centers in Russia.
Ключевые слова / Keywords:
trade, market, economy, settlement, economic space, handicrafts, economic specialization.
Аннотация / Annotation:
This paper analyzes the characteristics of the development of trade and trade relations in the Middle Volga region since the construction of the first support-guard points from the second half of the XVI – XIX century on. in the context of the colonization of the territory of the Volga Region, as well as with the development of the railway and river transport infrastructure created new shopping centers in Russia.
Ключевые слова / Keywords:
trade, market, economy, settlement, economic space, handicrafts, economic specialization.