Право и образование
№ 06 • 2015
A THEORY OF LAW
KOCHETKOV V.V. Kochetkov V.V. – Ph.D.
Philosophical justification of constitutionalism by Russian law scientists in late XIX – early XX century
Страницы / Pages: 4-14
Аннотация / Annotation:
This article discusses various philosophical and legal reasons for justifying the values of constitutionalism, which were widely spread in the Russian legal science in the late XIX – early XX century. Whilst addressing those basis, the author also identifies and examines in detail the so-called psychological and natural law school. Both of these trends believed that the main obstacles to the modernization of Russia at that time were legal nihilism and legal positivism. At the same time the founder of the first – Leon Petrazhytski argued that the source of law is legal claims and emotions that are rationalized by legal doctrine. From this he deduced the need to recognize the values of constitutionalism as they were spreading within the Russian society at that time. His opponents – representatives of the school of natural law (Paul Novgorodtsev and Theodor Kistyakovsky) were convinced that the implementation of the mechanism of nucleation and legal sense does not explain the content of the legal norm. The latter was referring to the highest ethical values, considering the law as a means of maintaining social discipline. The article also discusses the current – axiological – justification of constitutionalism, which allows overcoming the one-sidedness of both approaches. And from this point of view, constitutionalism is a legal consciousness, rationalizing sense of human dignity, which uses the mechanism of emotions (legal claims) to implement certain legal (not ethical) values – the right to private and public autonomy.
Ключевые слова / Keywords:
constitutionalism, philosophy of law, legal consciousness, freedom, justice.
Аннотация / Annotation:
This article discusses various philosophical and legal reasons for justifying the values of constitutionalism, which were widely spread in the Russian legal science in the late XIX – early XX century. Whilst addressing those basis, the author also identifies and examines in detail the so-called psychological and natural law school. Both of these trends believed that the main obstacles to the modernization of Russia at that time were legal nihilism and legal positivism. At the same time the founder of the first – Leon Petrazhytski argued that the source of law is legal claims and emotions that are rationalized by legal doctrine. From this he deduced the need to recognize the values of constitutionalism as they were spreading within the Russian society at that time. His opponents – representatives of the school of natural law (Paul Novgorodtsev and Theodor Kistyakovsky) were convinced that the implementation of the mechanism of nucleation and legal sense does not explain the content of the legal norm. The latter was referring to the highest ethical values, considering the law as a means of maintaining social discipline. The article also discusses the current – axiological – justification of constitutionalism, which allows overcoming the one-sidedness of both approaches. And from this point of view, constitutionalism is a legal consciousness, rationalizing sense of human dignity, which uses the mechanism of emotions (legal claims) to implement certain legal (not ethical) values – the right to private and public autonomy.
Ключевые слова / Keywords:
constitutionalism, philosophy of law, legal consciousness, freedom, justice.
LIMONCEVA V.A. Limonceva V.A. – candidate of jurisprudence
VINNITSKIY I.E. Vinnitskiy I.E. – candidate of jurisprudence, assistant professor
To the question about justice and law
Страницы / Pages: 15-25
Аннотация / Annotation:
Authors analyze general approaches to correlate justice with law, concept of justice and its correlation to law as well as unity and contradictions between them. Concept of justice by itself must be accepted by everyone or at least by the majority of society. Priority of justice in a modern world can be substantiated from different angles. For example, ethically other moral and political values in comparison to justice are inferior.
Ключевые слова / Keywords:
law, justice, equality, correlation of justice with law.
EDUCATIONAL LAWАннотация / Annotation:
Authors analyze general approaches to correlate justice with law, concept of justice and its correlation to law as well as unity and contradictions between them. Concept of justice by itself must be accepted by everyone or at least by the majority of society. Priority of justice in a modern world can be substantiated from different angles. For example, ethically other moral and political values in comparison to justice are inferior.
Ключевые слова / Keywords:
law, justice, equality, correlation of justice with law.
SEMENOVA N.S. Semenova N.S. – candidate of juridical sciences, associate professor
Legal basis of EU education policy
Страницы / Pages: 26-35
Аннотация / Annotation:
This paper is devoted to the legal regulation of EU education policy. Particular attention is paid to the question of lifelong learning, to legal aspects of the formation of a single educational space within the EU and beyond as part of the Bologna process, as well as to the issue of preservation of national identity within the framework of a single European educational space.
Ключевые слова / Keywords:
European Union, education, the rightto education, national identity, traditional values.
Аннотация / Annotation:
This paper is devoted to the legal regulation of EU education policy. Particular attention is paid to the question of lifelong learning, to legal aspects of the formation of a single educational space within the EU and beyond as part of the Bologna process, as well as to the issue of preservation of national identity within the framework of a single European educational space.
Ключевые слова / Keywords:
European Union, education, the rightto education, national identity, traditional values.
DEMIDYUK V.A. Demidyuk V.A. – PhD in Law, Associate Professor
Legal nature of the obligations in property legal relationships including Federal State Budgetary Educational Institutions of Higher Professional
Страницы / Pages: 36-44
Аннотация / Annotation:
Article is devoted to the legal nature of obligations, including Federal State Budgetary Educational Institutions of Higher Professional. The article deals with the points of view on the concepts: «obligation», «agreement» and «contract». The legal nature of the obligations in education, the difference between obligations and contracts are considered in the article.
Ключевые слова / Keywords:
obligations, agreement, contract, agreement on education, contractual relationship.
Аннотация / Annotation:
Article is devoted to the legal nature of obligations, including Federal State Budgetary Educational Institutions of Higher Professional. The article deals with the points of view on the concepts: «obligation», «agreement» and «contract». The legal nature of the obligations in education, the difference between obligations and contracts are considered in the article.
Ключевые слова / Keywords:
obligations, agreement, contract, agreement on education, contractual relationship.
KISLOV A.G. Kislov A.G. – Doctor of Philosophy, Professor
POSAGENNIKOVA М.Y.
Posagennikova М.Y.
–
On the social and state incentive mechanisms perform the duties of parents (legal representatives) nesover-delinquency students in general education institutions
Страницы / Pages: 45-50
Аннотация / Annotation:
Russian law gives parents (legal representatives) of minors studying diverse rights, including in relation to educational organizations; at the same time, parents (legal representatives) often fail in their duties; educational organizations can stimulate the performance of parents (legal representatives) of their duties if they are required to inform the public performance/
Ключевые слова / Keywords:
parents (legal representatives), underage students, educational organizations, information transparency.
Аннотация / Annotation:
Russian law gives parents (legal representatives) of minors studying diverse rights, including in relation to educational organizations; at the same time, parents (legal representatives) often fail in their duties; educational organizations can stimulate the performance of parents (legal representatives) of their duties if they are required to inform the public performance/
Ключевые слова / Keywords:
parents (legal representatives), underage students, educational organizations, information transparency.
TVERDOVA T.V. Tverdova T.V. – the associate professor, candidate of jurisprudence, the lawyer.
Vicarious liability under civil law obligations in education: current aspects
Страницы / Pages: 51-57
Аннотация / Annotation:
If educational organization is not able to bear responsibility for its obligations, we are guilty in this. The article is devoted to some problems of accountability of the founder of the educational organization.
Ключевые слова / Keywords:
educational organization, founder, principal debtor, the subsidiary debtor, responsibility, integrity.
Аннотация / Annotation:
If educational organization is not able to bear responsibility for its obligations, we are guilty in this. The article is devoted to some problems of accountability of the founder of the educational organization.
Ключевые слова / Keywords:
educational organization, founder, principal debtor, the subsidiary debtor, responsibility, integrity.
SAMSONOV I.I. Samsonov I.I. – candidate of pedagogic sciences, associate professor
SAPUNKOV A.A.
Sapunkov A.A.
–
LAZUTKIN V.V. Lazutkin V.V. – Ph.D., docent
Implementation challenges sharing arrangements sports infrastructure of educational institutions of various types and solutions
Страницы / Pages: 58-68
Аннотация / Annotation:
The article deals with the question of licensing of educational operations in sports schools. In response to the rules of property usage, administrative barriers to receive the permission for educational operations were created. Consequently, there are a lot of violations in licensing legislation among the sports schools in the country. This contradiction occurs due to the fact that the organizations are in different institutional submission, but the licensing legislation does not take into account the specifics of sports programmes realization. The authors have analyzed the licensing legislation of the Russian Federation, which regulates the rules of receiving a license and legal establishment of property usage for realization of the programmes (organization of training lessons). On the ground of the analysis possible solutions of the described problem were suggested.
Ключевые слова / Keywords:
licensing of educational operations, supplementary educational programmes, sports schools, regional and municipal property, contracts of non-repayable property usage.
MODERN EDUCATIONАннотация / Annotation:
The article deals with the question of licensing of educational operations in sports schools. In response to the rules of property usage, administrative barriers to receive the permission for educational operations were created. Consequently, there are a lot of violations in licensing legislation among the sports schools in the country. This contradiction occurs due to the fact that the organizations are in different institutional submission, but the licensing legislation does not take into account the specifics of sports programmes realization. The authors have analyzed the licensing legislation of the Russian Federation, which regulates the rules of receiving a license and legal establishment of property usage for realization of the programmes (organization of training lessons). On the ground of the analysis possible solutions of the described problem were suggested.
Ключевые слова / Keywords:
licensing of educational operations, supplementary educational programmes, sports schools, regional and municipal property, contracts of non-repayable property usage.
SOLOVYOVA T.A. Solovyova T.A. – doctor of pedagogical sciences, professor
MAKARKINA O.E. Makarkina O.E. – сandidate of pedagogicall sciences, assistant professor
Innovative activity in the system of qualification upgrading as a growth criteria of lecturers` professional competence of departmental educational agencies.
Страницы / Pages: 69-75
Аннотация / Annotation:
There are considered ways of solving the problem of innovative competence formation in educative activities of the teaching staff from educational agencies of Higher Professional Education of the Federal Penal Service of Russia in the process of qualification upgrading.
Ключевые слова / Keywords:
lecturer of the educational agency of Higher Professional Education of the Federal Penal Service of Russia, innovative activity, innovative competence, innovative techniques and technologies.
Аннотация / Annotation:
There are considered ways of solving the problem of innovative competence formation in educative activities of the teaching staff from educational agencies of Higher Professional Education of the Federal Penal Service of Russia in the process of qualification upgrading.
Ключевые слова / Keywords:
lecturer of the educational agency of Higher Professional Education of the Federal Penal Service of Russia, innovative activity, innovative competence, innovative techniques and technologies.
SUKHOVETSKAYA E.YU. Sukhovetskaya E.Yu. – candidate of pedagogical sciences, associate professor
KHOMYAKOV I.D. Khomyakov I.D. – candidate of jurisprudence
To the question of realization of competence-based approach in educational process of higher education institutions of vnutenny troops of the ministry of internal affairs of Russia
Страницы / Pages: 76-84
Аннотация / Annotation:
In article problems of introduction of competence-based approach in educational process of higher education institutions of internal troops of the Ministry of Internal Affairs of Russia, and also questions of preparation of scientific shots of the top skills taking into account innovations in the Federal law «About education» are considered. Authors recommended the offers allowing to increase efficiency of the mechanism of realization of competence-based approach in pedagogical process of higher education institutions of internal troops of the Ministry of Internal Affairs of Russia.
Ключевые слова / Keywords:
internal troops of the Ministry of Internal Affairs of Russia, competence-based approach, scientific shots of the top skills, educational process, vocational training.
Аннотация / Annotation:
In article problems of introduction of competence-based approach in educational process of higher education institutions of internal troops of the Ministry of Internal Affairs of Russia, and also questions of preparation of scientific shots of the top skills taking into account innovations in the Federal law «About education» are considered. Authors recommended the offers allowing to increase efficiency of the mechanism of realization of competence-based approach in pedagogical process of higher education institutions of internal troops of the Ministry of Internal Affairs of Russia.
Ключевые слова / Keywords:
internal troops of the Ministry of Internal Affairs of Russia, competence-based approach, scientific shots of the top skills, educational process, vocational training.
GRIGORIEV O.C. Grigoriev O.C. – candidate of legal Sciences, associate Professor
Changing political, social, economic, legal and socio-psychological field of the state as a factor in the reform of the universities of the internal troops of the MIA of Russia
Страницы / Pages: 85-90
Аннотация / Annotation:
In the article the problems of the changing political, social, economic, legal and socio-psychological field of the Russian state at the present stage. Examines the role and place of the internal troops of the MIA of Russia in the strengthening of the statehood and the suppression of destructive manifestations. Analyses of changes in the system of universities of the Ministry of internal Affairs of Russia in terms of practical implementation of the new law on education in Russia.
Ключевые слова / Keywords:
internal troops of the MIA of Russia, the concept of improving the state of the legal system, the system of universities of the internal forces, the implementation of the new law on education.
WE DISCUSS THE PROBLEMАннотация / Annotation:
In the article the problems of the changing political, social, economic, legal and socio-psychological field of the Russian state at the present stage. Examines the role and place of the internal troops of the MIA of Russia in the strengthening of the statehood and the suppression of destructive manifestations. Analyses of changes in the system of universities of the Ministry of internal Affairs of Russia in terms of practical implementation of the new law on education in Russia.
Ключевые слова / Keywords:
internal troops of the MIA of Russia, the concept of improving the state of the legal system, the system of universities of the internal forces, the implementation of the new law on education.
SOLOVYEV A.A. Solovyev A.A. – doctor of science (Law), professor
Judicial ethics issues: Russian and French approaches to the regulation
Страницы / Pages: 91-100
Аннотация / Annotation:
The essay offers comparative legal study of regulatory environment for judicial ethics in the Russian Federation and the French Republic. Through the example of the Code of Judicial Ethics of the Russian Federation and the Collection of Ethical Obligations of Magistrates in France, the author has explored such key aspects as form of entrenchment of ethical principles; arguments for the development and enactment of the respective regulatory acts; universal imperativeness and implied liability for the breach of such acts, their internal structure.
Ключевые слова / Keywords:
status of judges, judicial ethics, Russian Federation, French Republic, Code of Judicial Ethics, Collection of Ethical Obligations of Judges.
Аннотация / Annotation:
The essay offers comparative legal study of regulatory environment for judicial ethics in the Russian Federation and the French Republic. Through the example of the Code of Judicial Ethics of the Russian Federation and the Collection of Ethical Obligations of Magistrates in France, the author has explored such key aspects as form of entrenchment of ethical principles; arguments for the development and enactment of the respective regulatory acts; universal imperativeness and implied liability for the breach of such acts, their internal structure.
Ключевые слова / Keywords:
status of judges, judicial ethics, Russian Federation, French Republic, Code of Judicial Ethics, Collection of Ethical Obligations of Judges.
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
History of the development of patent protection of biotechnological inventions
Страницы / Pages: 101-106
Аннотация / Annotation:
Article is devoted to the history of the patent protection of biotechnological inventions. The article describes the experience of the United States. The author explores the Judgment of the Supreme Court of Canada of 05.12.2002 on the Case «Harvard College v. Canada (Commissioner of Patents)».
Ключевые слова / Keywords:
biotechnological inventions, bio-patents, patent law, intellectual property law, bio-technology.
Аннотация / Annotation:
Article is devoted to the history of the patent protection of biotechnological inventions. The article describes the experience of the United States. The author explores the Judgment of the Supreme Court of Canada of 05.12.2002 on the Case «Harvard College v. Canada (Commissioner of Patents)».
Ключевые слова / Keywords:
biotechnological inventions, bio-patents, patent law, intellectual property law, bio-technology.
SERBIN D.S.
Serbin D.S.
–
The content of the constitutionally guaranteed right to privacy: the Canadian experience of legal support
Страницы / Pages: 107-113
Аннотация / Annotation:
The article investigates the constitutional right to privacy. The author investigated the peculiarities of the legal support of this right in Canada, and also author shows the relevant jurisprudence. Concluded that privacy – an ontological form and an important structural element of personal autonomy of man in relation to power and to third parties.
Ключевые слова / Keywords:
right to privacy, constitutional rights and liberties, constitutional law, secret, non-public, personal dignity, Canada.
SCIENTIFIC MESSAGESАннотация / Annotation:
The article investigates the constitutional right to privacy. The author investigated the peculiarities of the legal support of this right in Canada, and also author shows the relevant jurisprudence. Concluded that privacy – an ontological form and an important structural element of personal autonomy of man in relation to power and to third parties.
Ключевые слова / Keywords:
right to privacy, constitutional rights and liberties, constitutional law, secret, non-public, personal dignity, Canada.
PAUTOVA A.V. Pautova A.V. – doctor of economics, professor
HACHATURYAN A.A. Hachaturyan A.A. – doctor of economics, professor
How forges kiberschit NATO
Страницы / Pages: 114-126
Аннотация / Annotation:
The article analyzes the process of formation of the legal framework for cybersecurity NATO; exploring ways and tools of reflection and anticipation of modern cyber attacks in the United States and Western Europe; and concludes on the need for urgent action by the great-ernment, Ministry of Defence, private enterprises and the public to provide information security NIJ-NATO countries.
Ключевые слова / Keywords:
state security, cyber-security, information warfare, military infrastructure, computer networks, cyber attack.
Аннотация / Annotation:
The article analyzes the process of formation of the legal framework for cybersecurity NATO; exploring ways and tools of reflection and anticipation of modern cyber attacks in the United States and Western Europe; and concludes on the need for urgent action by the great-ernment, Ministry of Defence, private enterprises and the public to provide information security NIJ-NATO countries.
Ключевые слова / Keywords:
state security, cyber-security, information warfare, military infrastructure, computer networks, cyber attack.
GUMIN A.M. Gumin A.M. – Dr. of Science, professor
RYMARCHUK H.S. Rymarchuk H.S. – PhD in Law
Criminological concept of drug addiction as socially dangerous phenomena
Страницы / Pages: 127-134
Аннотация / Annotation:
The article covers criminological and criminal legal notion of narcotic drug. Besides, it is examined the factors of impact on the criminal environment (before and after being imprisoned) of narcotic drugs by virtue of which most extreme forms of nonacceptance of ethical and legal rules of social behavior are formed, the increase of aggression is encouraged and a threat to commit a crime.
Ключевые слова / Keywords:
Аннотация / Annotation:
The article covers criminological and criminal legal notion of narcotic drug. Besides, it is examined the factors of impact on the criminal environment (before and after being imprisoned) of narcotic drugs by virtue of which most extreme forms of nonacceptance of ethical and legal rules of social behavior are formed, the increase of aggression is encouraged and a threat to commit a crime.
Ключевые слова / Keywords:
OZEROV A.A. Ozerov A.A. – candidate of philosophical Sciences, associate Professor
The meaning of life as the Supreme value of human existence
Страницы / Pages: 135-142
Аннотация / Annotation:
The article is devoted to the problem of the meaning of life, thinking about how to define and find their place. The author cites several situations (reasons) to start the search, the individual’s sense of his life. Mainly, is the nature of the attitude to life, which change the content of the motive, purpose, meaning and behavior of the individual. They can be treated like his personal characteristics. It is presented in the table “Life goals and factors of satisfaction with different attitude to life.
Ключевые слова / Keywords:
Genesis, the meaning of life, life goals, purposelessness, social and cultural situation.
PAGES OF HISTORYАннотация / Annotation:
The article is devoted to the problem of the meaning of life, thinking about how to define and find their place. The author cites several situations (reasons) to start the search, the individual’s sense of his life. Mainly, is the nature of the attitude to life, which change the content of the motive, purpose, meaning and behavior of the individual. They can be treated like his personal characteristics. It is presented in the table “Life goals and factors of satisfaction with different attitude to life.
Ключевые слова / Keywords:
Genesis, the meaning of life, life goals, purposelessness, social and cultural situation.
YAKOVLEVA O.N. Yakovleva O.N. – candidate of legal sciences, assistant professor
Basic directions of trade education of office workers of Ministry of justice of the Russian empire
Страницы / Pages: 143-150
Аннотация / Annotation:
In the article the role of educational and archived establishments of Ministry of justice of the Russian empire is analyses in becoming and development of legal education in Russia, and also home legal and historical science.
Ключевые слова / Keywords:
Ministry of justice of the Russian empire, minister of justice, генерал-прокурор, legal education, institute, school, judicial reform, judicial establishments, archives.
Аннотация / Annotation:
In the article the role of educational and archived establishments of Ministry of justice of the Russian empire is analyses in becoming and development of legal education in Russia, and also home legal and historical science.
Ключевые слова / Keywords:
Ministry of justice of the Russian empire, minister of justice, генерал-прокурор, legal education, institute, school, judicial reform, judicial establishments, archives.
LOBA V.E. Loba V.E. – candidate of legal Sciences
Crimes against the state in the Pskov judicial Charter
Страницы / Pages: 151-158
Аннотация / Annotation:
The article deals with crimes against the state in the Pskov judicial Charter.
Ключевые слова / Keywords:
Crime, punishment, government, historic sites, Pskov diploma.
SCIENTIFIC DEBUTАннотация / Annotation:
The article deals with crimes against the state in the Pskov judicial Charter.
Ключевые слова / Keywords:
Crime, punishment, government, historic sites, Pskov diploma.
SADYKHOB A.A.
Sadykhob A.A.
–
WILL AS A SPECIAL KIND OF DEALS
Страницы / Pages: 159-165
Аннотация / Annotation:
The article analyzes the will as a special kind of deals are signs of a will as a transaction
Ключевые слова / Keywords:
testament, will, deals, a special kind of.
Аннотация / Annotation:
The article analyzes the will as a special kind of deals are signs of a will as a transaction
Ключевые слова / Keywords:
testament, will, deals, a special kind of.
HAROLSKY V.A.
Harolsky V.A.
–
The role of internal affairs in the prevention of extremism among students
Страницы / Pages: 166-171
Аннотация / Annotation:
This paper analyzes the characteristics of the internal affairs bodies in the prevention of extremism among students of higher educational institutions. Analysis of extremism, according to the problems of prevention of extremism among young people.
Ключевые слова / Keywords:
extremism, youth, youth extremism, criminal manifestations, promoting legal knowledge, ideological work.
Аннотация / Annotation:
This paper analyzes the characteristics of the internal affairs bodies in the prevention of extremism among students of higher educational institutions. Analysis of extremism, according to the problems of prevention of extremism among young people.
Ключевые слова / Keywords:
extremism, youth, youth extremism, criminal manifestations, promoting legal knowledge, ideological work.