Право и образование
№ 06 • 2016
A THEORY OF LAW
KERIMOV Kerimov – A.D., doctor of legal Sciences, Professor
KUKSIN I.N. Kuksin I.N. – doctor of legal Sciences, Professor
Criteria the forces of the state
Страницы / Pages: 4-16
Аннотация / Annotation:
The authors Express the conviction that at the present stage of historical development there is an urgent need for the formation of the integral conception of a strong state. To solve this problem it is first necessary to determine what criteria the forces of the state. This is precisely what is addressed in this article.
Ключевые слова / Keywords:
power, strong state, power potential, sphere of influence, the elite, the intelligentsia.
Аннотация / Annotation:
The authors Express the conviction that at the present stage of historical development there is an urgent need for the formation of the integral conception of a strong state. To solve this problem it is first necessary to determine what criteria the forces of the state. This is precisely what is addressed in this article.
Ключевые слова / Keywords:
power, strong state, power potential, sphere of influence, the elite, the intelligentsia.
PONOMARENKO E.V. Ponomarenko E.V. – candidate of jurisprudence, associate professor, Institute of state and law, Tyumen state university
The problem of alienation of person from human life in law: from abstract generality to concrete individuality
Страницы / Pages: 17-25
Аннотация / Annotation:
The contemporary theory of law needs to overcome the phenomemon of alienation of human. The address to independent entity as a human – concrete individuality, human originality, ables to advance humanity to completely new value legal outlook, spiritual moral revival of human and society, their meaningful value being in law reality.
Ключевые слова / Keywords:
human, person, concrete individuality, law intellect, law humanism, legal consciousness.
Аннотация / Annotation:
The contemporary theory of law needs to overcome the phenomemon of alienation of human. The address to independent entity as a human – concrete individuality, human originality, ables to advance humanity to completely new value legal outlook, spiritual moral revival of human and society, their meaningful value being in law reality.
Ключевые слова / Keywords:
human, person, concrete individuality, law intellect, law humanism, legal consciousness.
SOKOLSKAYA L.V. Sokolskaya L.V. – PhD
Basic methodological approaches to the study of legal culture
Страницы / Pages: 26-36
Аннотация / Annotation:
The above methodological approaches to the study of legal culture, received in the scientific community some recognition, enabled the author to formulate its own definition of the legal concept of culture. Legal culture – a system of historically related, developing nadbiologicheskih programs (legal activities, legal behavior and communication) for the operation, reproduction and change the legal sphere of human activity.
Ключевые слова / Keywords:
legal culture, law, culture, legal values, nadbiologicheskaya program, methodological approaches.
Аннотация / Annotation:
The above methodological approaches to the study of legal culture, received in the scientific community some recognition, enabled the author to formulate its own definition of the legal concept of culture. Legal culture – a system of historically related, developing nadbiologicheskih programs (legal activities, legal behavior and communication) for the operation, reproduction and change the legal sphere of human activity.
Ключевые слова / Keywords:
legal culture, law, culture, legal values, nadbiologicheskaya program, methodological approaches.
TALYNYOV V.E. Talynyov V.E. – Doctor of Social Sciences, Associate Professor
GUMENCHUK O.O.
Gumenchuk O.O.
–
The need for classification of legal expertise from the perspective of procedural subjects as a prerequisite for more efficient use of expertise
Страницы / Pages: 37-43
Аннотация / Annotation:
The analysis of existing classifications of legal expertise, given the importance of harmonization and clarity in interdepartmental regulations, in order to reduce tensions in the choice and definition of areas of expertise and their correct and efficient application for the disclosure and investigation of crimes.
Ключевые слова / Keywords:
forensics, procedural subjects, skills, classification, criminal proceedings.
EDUCATIONAL LAWАннотация / Annotation:
The analysis of existing classifications of legal expertise, given the importance of harmonization and clarity in interdepartmental regulations, in order to reduce tensions in the choice and definition of areas of expertise and their correct and efficient application for the disclosure and investigation of crimes.
Ключевые слова / Keywords:
forensics, procedural subjects, skills, classification, criminal proceedings.
KIRILLOVYH A.A. Kirillovyh A.A. – PhD, Associate Professor Vyatka State University
TO THE QUESTION OF THE RIGHT TO EDUCATION AND GUARANTEEING ITS IMPLEMENTATION IN THE RUSSIAN FEDERATION
Страницы / Pages: 44-52
Аннотация / Annotation:
In the proposed article introduces the reader to the legal informative analysis of the right of citizens to education, disclosed some aspects of guarantees for its implementation, taking into account the regulations of educational legislation.
Ключевые слова / Keywords:
law, education, citizen warranty, religion, democracy, federalism.
Аннотация / Annotation:
In the proposed article introduces the reader to the legal informative analysis of the right of citizens to education, disclosed some aspects of guarantees for its implementation, taking into account the regulations of educational legislation.
Ключевые слова / Keywords:
law, education, citizen warranty, religion, democracy, federalism.
BATYUSHKINA M.V. Batyushkina M.V. – Сandidate of pedagogical sciences
Pedagogical expertise of draft laws: notion, mechanisms and relevance
Страницы / Pages: 53-60
Аннотация / Annotation:
The article is devoted to the problem of pedagogical expertise of draft relating to issues of training and education; devoted to the relevance of special pedagogical knowledge and the determination of the competence of an expert pedagogue. The analysis of the legal basis for the use of pedagogical expertise at the federal and regional levels are considered; as well as the necessity of improving the order for its conduct. Subject to regulatory investigation of fixed criteria of pedagogical expertise, features and legal consequences of expressing an opinion on the examination.
Ключевые слова / Keywords:
pedagogical expertise, normative legal act, law, educational innovation.
Аннотация / Annotation:
The article is devoted to the problem of pedagogical expertise of draft relating to issues of training and education; devoted to the relevance of special pedagogical knowledge and the determination of the competence of an expert pedagogue. The analysis of the legal basis for the use of pedagogical expertise at the federal and regional levels are considered; as well as the necessity of improving the order for its conduct. Subject to regulatory investigation of fixed criteria of pedagogical expertise, features and legal consequences of expressing an opinion on the examination.
Ключевые слова / Keywords:
pedagogical expertise, normative legal act, law, educational innovation.
MATVEEV V.Y. Matveev V.Y. – PhD in Law
THE CONCLUSION OF CONTRACTSON EDUCATIONIN ELECTRONIC FORM, NEW PERSPECTIVESOR UNNECESSARYDIFFICULTIES?
Страницы / Pages: 61-70
Аннотация / Annotation:
The article considers the issues related to the possibility of concluding contracts on education in electronic form, as the law requires for these contracts simple written form. Explores the different requirements and conditions for the equivalence of electronic contracts and contracts in simple written form, as well as the practical feasibility of compliance with these requirements and conditions.
Ключевые слова / Keywords:
a contract on education, an electronic form of the contract, a simple written form of the contract, the electronic signature.
Аннотация / Annotation:
The article considers the issues related to the possibility of concluding contracts on education in electronic form, as the law requires for these contracts simple written form. Explores the different requirements and conditions for the equivalence of electronic contracts and contracts in simple written form, as well as the practical feasibility of compliance with these requirements and conditions.
Ключевые слова / Keywords:
a contract on education, an electronic form of the contract, a simple written form of the contract, the electronic signature.
MASYAGIN V.
Masyagin V.
–
SELSKAYA О.
Selskaya О.
–
ORGANIZATIONAL AND LEGAL FEATURES OF THE REGIONAL MANAGEMENT PROCESS EMPLOYMENT OF GRADUATES OF PROFESSIONAL EDUCATIONAL INSTITUTIONS
Страницы / Pages: 71-77
Аннотация / Annotation:
The article focuses on the organizational and legal peculiarities of the regional management process of employment of graduates of vocational schools. Comparative analysis of powers of regional bodies of Executive power on organization and management of the process of employment of graduates of vocational schools. The necessity of regional monitoring of employment of graduates of educational institutions.
Ключевые слова / Keywords:
regionalization of professional education, Federal state educational standards, employment of graduates, labor market, monitoring of employment of graduates of vocational schools.
INNOVATIONS IN EDUCATIONАннотация / Annotation:
The article focuses on the organizational and legal peculiarities of the regional management process of employment of graduates of vocational schools. Comparative analysis of powers of regional bodies of Executive power on organization and management of the process of employment of graduates of vocational schools. The necessity of regional monitoring of employment of graduates of educational institutions.
Ключевые слова / Keywords:
regionalization of professional education, Federal state educational standards, employment of graduates, labor market, monitoring of employment of graduates of vocational schools.
SHUBINA I.V. Shubina I.V. – candidate of pedagogical sciences, associate professor
SHAFEEVA N.D. Shafeeva N.D. – candidate of pedagogical sciences
Innovative-educational environment of institution of higher learning is in reflection of activity approach
Страницы / Pages: 78-87
Аннотация / Annotation:
In the article a place and role of innovations open up in the field of higher education in realization of the activity approach near preparation of future specialists. Basic functions and tasks that must be realized to the teacher with the purpose of activation and perfection of educational environment of institution of higher learning in modern terms are shown.
Ключевые слова / Keywords:
innovations, competenses, activity approach, educational environment.
Аннотация / Annotation:
In the article a place and role of innovations open up in the field of higher education in realization of the activity approach near preparation of future specialists. Basic functions and tasks that must be realized to the teacher with the purpose of activation and perfection of educational environment of institution of higher learning in modern terms are shown.
Ключевые слова / Keywords:
innovations, competenses, activity approach, educational environment.
BYKOVA S.S. Bykova S.S. – Ph.D., assistant professor
Innovative educational technology as the main tool to increase the interest of the future teachers to the study of educational discipline «Regulatory support education»
Страницы / Pages: 88-94
Аннотация / Annotation:
The article describes the experience of working with students – future teachers of correspondence courses using distance learning technologies. It proved the effectiveness of the uses of innovative educational technologies in the framework of discipline «Regulatory support education» in order to increase their interest in it.
Ключевые слова / Keywords:
educational technology, game, mind maps, training.
Аннотация / Annotation:
The article describes the experience of working with students – future teachers of correspondence courses using distance learning technologies. It proved the effectiveness of the uses of innovative educational technologies in the framework of discipline «Regulatory support education» in order to increase their interest in it.
Ключевые слова / Keywords:
educational technology, game, mind maps, training.
PETRENKO A.S. Petrenko A.S. – Ph. D. (Pedagogics), Associate Professor
The pedagogical analysis of theoretical prerequisites of development of system of modular training in the educational organizations of power departments
Страницы / Pages: 95-104
Аннотация / Annotation:
Article is devoted to the pedagogical analysis of theoretical prerequisites of development of system of modular training in the educational organizations of power departments; are considered genesis of modular training in various power departments.
Ключевые слова / Keywords:
modular training, system of modular training, educational organizations of power departments.
HOT TOPICАннотация / Annotation:
Article is devoted to the pedagogical analysis of theoretical prerequisites of development of system of modular training in the educational organizations of power departments; are considered genesis of modular training in various power departments.
Ключевые слова / Keywords:
modular training, system of modular training, educational organizations of power departments.
NIKOLAEV S.M. Nikolaev S.M. – the candidate of pedagogical Sciences, associate Professor
The formation of rejection of corruption relations in the training of law enforcement officers
Страницы / Pages: 105-113
Аннотация / Annotation:
In the article pedagogical possibilities of combating corruption in the training of law enforcement officers. Defined by the concepts of value orientation of the anti-corruption rejection of corruption relations system approach to the formation of rejection of corruption relations. Identified elements of formation of valuable orientations of corruption. The properties of the subject, determining the rejection of corruption relations. The algorithm of forming of rejection of corruption relations.
Ключевые слова / Keywords:
fight against corruption, the rejection of corruption relations, value orientation towards countering corruption.
Аннотация / Annotation:
In the article pedagogical possibilities of combating corruption in the training of law enforcement officers. Defined by the concepts of value orientation of the anti-corruption rejection of corruption relations system approach to the formation of rejection of corruption relations. Identified elements of formation of valuable orientations of corruption. The properties of the subject, determining the rejection of corruption relations. The algorithm of forming of rejection of corruption relations.
Ключевые слова / Keywords:
fight against corruption, the rejection of corruption relations, value orientation towards countering corruption.
TEPLYASHIN I.V. Teplyashin I.V. – candidate of juridical sciences, docent
STARKOV D.A. Starkov D.A. – Student
The role of youth in combating corruption (for example, the activities of the youth community of the Krasnoyarsk territory)
Страницы / Pages: 114-120
Аннотация / Annotation:
The article examines the institutional issues of public participation in the management of the Affairs of the state. The necessity of scientific comprehension of the formed model of youth participation in anti-corruption policy of the state. The main conclusion of the paper is that the implementation of anti-corruption measures can greatly increase its efficiency when switched on in its orbit youth community, the application of appropriate measures in cooperation with active participants of youth public associations. The content of the article and main results of the research are based on practices of the youth community of Krasnoyarsk state.
Ключевые слова / Keywords:
Russian youth, civil society, anti-corruption policy, youth public associations, social control, regional experience of counteraction of corruption.
Аннотация / Annotation:
The article examines the institutional issues of public participation in the management of the Affairs of the state. The necessity of scientific comprehension of the formed model of youth participation in anti-corruption policy of the state. The main conclusion of the paper is that the implementation of anti-corruption measures can greatly increase its efficiency when switched on in its orbit youth community, the application of appropriate measures in cooperation with active participants of youth public associations. The content of the article and main results of the research are based on practices of the youth community of Krasnoyarsk state.
Ключевые слова / Keywords:
Russian youth, civil society, anti-corruption policy, youth public associations, social control, regional experience of counteraction of corruption.
TITOV M.K. Titov M.K. – candidate of sociological Sciences, associate Professor
ALEKSANDROVA А.А. Aleksandrova А.А. – aspirant
The use of economic instruments is in political conflicts
Страницы / Pages: 121-127
Аннотация / Annotation:
This article covers some issues connected with usage of the economic methods as a part of the political conflict between the countries.
Ключевые слова / Keywords:
political conflict, economic instrument, economic approvals, crisis.
WE DISCUSS THE PROBLEMАннотация / Annotation:
This article covers some issues connected with usage of the economic methods as a part of the political conflict between the countries.
Ключевые слова / Keywords:
political conflict, economic instrument, economic approvals, crisis.
SOLOVYEV A.A. Solovyev A.A. – doctor of science (Law), professor
The Supreme Council of Justice in Belgium: a Legal Overview
Страницы / Pages: 128-132
Аннотация / Annotation:
The article deals with the main aspects of practice of the Supreme Council of Justice of the Kingdom of Belgium. The author thoroughly examined the main traits of the courts reform in the country as well as the role of the Supreme Council of Justice in this reform, analyses the participation of the Council in picking up candidates for magistrate tenure, and touches upon the problem of staff recruiting for the courts and prosecutor’s office.
Ключевые слова / Keywords:
judiciary, international experience, judicial community body, Belgium, Supreme Council of Justice of the Kingdom of Belgium.
Аннотация / Annotation:
The article deals with the main aspects of practice of the Supreme Council of Justice of the Kingdom of Belgium. The author thoroughly examined the main traits of the courts reform in the country as well as the role of the Supreme Council of Justice in this reform, analyses the participation of the Council in picking up candidates for magistrate tenure, and touches upon the problem of staff recruiting for the courts and prosecutor’s office.
Ключевые слова / Keywords:
judiciary, international experience, judicial community body, Belgium, Supreme Council of Justice of the Kingdom of Belgium.
LYOZOV I.L. Lyozov I.L. – candidate of juridical sciences, docent
PARLIAMENTARISM: CRITICISMS OF THE CONCEPT IN THE WORKS OF THE 19th CENTURY RUSSIAN LEGAL THEORISTS
Страницы / Pages: 133-144
Аннотация / Annotation:
The article considers and analyzes the approaches on the notion of western parliamentarism as they are reflected in the works of F.I. Tyutchev, B.N. Chicherin and K.P. Pobedonostsev. The abovementioned authors of the nineteenth century criticized representative democracy and their criticism was based upon different grounds and even different ideological (world outlook) systems. The analysis of the works of these authors allows us to give a fresh look at both the very idea of parliamentarism and the problem of adopting the governmental institutions in Russia based upon the idea in question.
Ключевые слова / Keywords:
Parliamentarism, western democracy, liberal democratic ideology, reception, philosophy of law.
Аннотация / Annotation:
The article considers and analyzes the approaches on the notion of western parliamentarism as they are reflected in the works of F.I. Tyutchev, B.N. Chicherin and K.P. Pobedonostsev. The abovementioned authors of the nineteenth century criticized representative democracy and their criticism was based upon different grounds and even different ideological (world outlook) systems. The analysis of the works of these authors allows us to give a fresh look at both the very idea of parliamentarism and the problem of adopting the governmental institutions in Russia based upon the idea in question.
Ключевые слова / Keywords:
Parliamentarism, western democracy, liberal democratic ideology, reception, philosophy of law.
FIRYULINA T.Y. Firyulina T.Y. – candidate of jurisprudence, teacher of department of civil law and process CHOU WO «Modern humanitarian academy»
Moment of emergence of legal capacity of physical person: questions of the theory and practice
Страницы / Pages: 145-151
Аннотация / Annotation:
The domestic civil doctrine and standards of the existing civil legislation traditionally recognize from the fact that legal capacity of citizens arises at the time of the birth. However laws and orders of many economically developed countries recognize the right for human life from the moment of his conception. In article all-legal and some branch aspects of legal regulation of the moment of emergence at natural persons of legal capacity are investigated, the relevant international regulations are analyzed. The author reasons the point of view that the right for life as an element of legal capacity of the person arises from the moment of his conception and suggests to modernize standards of the civil legislation.
Ключевые слова / Keywords:
legal capacity of natural persons, Nasciturus, not been born successor, the right for life.
Аннотация / Annotation:
The domestic civil doctrine and standards of the existing civil legislation traditionally recognize from the fact that legal capacity of citizens arises at the time of the birth. However laws and orders of many economically developed countries recognize the right for human life from the moment of his conception. In article all-legal and some branch aspects of legal regulation of the moment of emergence at natural persons of legal capacity are investigated, the relevant international regulations are analyzed. The author reasons the point of view that the right for life as an element of legal capacity of the person arises from the moment of his conception and suggests to modernize standards of the civil legislation.
Ключевые слова / Keywords:
legal capacity of natural persons, Nasciturus, not been born successor, the right for life.
LOBA V.E. Loba V.E. – candidate of legal Sciences, head of chair of civil law and process Armavir linguistic social institution
MALAHOVA A.S. Malahova A.S. – candidate of historical Sciences, head of chair of theory and history of state and law of Armavir linguistic social institution
Criminal act on the basis of ignorance: history and modernity
Страницы / Pages: 152-158
Аннотация / Annotation:
We take the liberty to say that among the wide range of complex and controversial issues of criminal law we should highlight the problem of criminal responsibility of the perpetrators of the crime on the basis of ignorance.
Ключевые слова / Keywords:
ignorance, a criminal act, a crime story right.
SCIENTIFIC DEBUTАннотация / Annotation:
We take the liberty to say that among the wide range of complex and controversial issues of criminal law we should highlight the problem of criminal responsibility of the perpetrators of the crime on the basis of ignorance.
Ключевые слова / Keywords:
ignorance, a criminal act, a crime story right.
KOCHERGINA N.V.
Kochergina N.V.
–
Some theoretical aspects of modern law enforcement and criminal bankruptcies in the Russian Federation
Страницы / Pages: 159-164
Аннотация / Annotation:
The article reviews some peculiar aspects of the legal regulation of insolvency (bankruptcy) of the Russian Federation citizens. Different aspects of bankruptcy are thoroughly analyzed on the ground of current academic approaches and statistics, as well as regulatory changes of the body of law controlling the insolvency (bankruptcy) issues. Criminal constituent of the given concept is taken into consideration in connection with changes in the criminal law.
Ключевые слова / Keywords:
insolvency (bankruptcy) of individuals; court judgement.
Аннотация / Annotation:
The article reviews some peculiar aspects of the legal regulation of insolvency (bankruptcy) of the Russian Federation citizens. Different aspects of bankruptcy are thoroughly analyzed on the ground of current academic approaches and statistics, as well as regulatory changes of the body of law controlling the insolvency (bankruptcy) issues. Criminal constituent of the given concept is taken into consideration in connection with changes in the criminal law.
Ключевые слова / Keywords:
insolvency (bankruptcy) of individuals; court judgement.
YANENKO O.K. Yanenko O.K. – graduate student Autonomous Non-Commercial Organization IN «Institute of arts education and information technologies» (IGUMO and IT)
Civil aspects of creation and use of graffiti
Страницы / Pages: 165-171
Аннотация / Annotation:
As the result of creative activity of the person is considered by graffiti from the point of view of compliance to the principles of morality and morals, his positive and negative consequences are shown. The special attention is paid to civil protection of graffiti as works of the fine arts. On result of the author’s analysis definition of graffiti is formulated, the offer to add part the fourth with the Civil Code of the Russian Federation a new type of work of the fine arts is made, the solution of problems of protection of the rights of authors for such works is proposed.
Ключевые слова / Keywords:
graffiti, street art, spray art, work of the fine arts.
Аннотация / Annotation:
As the result of creative activity of the person is considered by graffiti from the point of view of compliance to the principles of morality and morals, his positive and negative consequences are shown. The special attention is paid to civil protection of graffiti as works of the fine arts. On result of the author’s analysis definition of graffiti is formulated, the offer to add part the fourth with the Civil Code of the Russian Federation a new type of work of the fine arts is made, the solution of problems of protection of the rights of authors for such works is proposed.
Ключевые слова / Keywords:
graffiti, street art, spray art, work of the fine arts.
FROLOV I.A.
Frolov I.A.
–
Domestic historiography of 1904–1917 the Russian-Japanese war of 1904-1905 on the land.
Страницы / Pages: 172-177
Аннотация / Annotation:
In article process of formation of scientific knowledge, generalization, systematization, studying, the domestic scientific literature from 1904 to 1917 which is taking up questions of military operations «on the land» in the Russian-Japanese war of 1904-1905 is considered. The author of article attempt of the analysis of the sources which have left till 1917, reflecting an overland component of the Russian-Japanese conflict of the beginning of the 20th century becomes.
Ключевые слова / Keywords:
Russian-Japanese war, military operations, historiography, «on the land».
Аннотация / Annotation:
In article process of formation of scientific knowledge, generalization, systematization, studying, the domestic scientific literature from 1904 to 1917 which is taking up questions of military operations «on the land» in the Russian-Japanese war of 1904-1905 is considered. The author of article attempt of the analysis of the sources which have left till 1917, reflecting an overland component of the Russian-Japanese conflict of the beginning of the 20th century becomes.
Ключевые слова / Keywords:
Russian-Japanese war, military operations, historiography, «on the land».