Право и образование
№ 06 • 2017
EDUCATIONAL LAW
VINOKUROV V.A. Vinokurov V.A. – Doctor of Law, Professor of the Department of Constitutional and Administrative Law in Law Institute (St. Petersburg), Honored Lawyer of the Russian Federation
Academic freedom as one of the conditions for the realization of the right to education
Страницы / Pages: 4-10
Аннотация / Annotation:
This article is devoted to the freedom of teaching established by the Constitution of the Russian Federation and to the constitutional common right of education. This article also contains a review of certain issues related to the teaching and realization of freedom of teaching. Particular attention is drawn to the correlation of the length of the duty hours of the academic teaching staff with the established norms of the teaching load, and also to the creative component (scientific and research work of the teaching staff), which is not mentioned in official standards. Author points out not only the problems of low wages of teachers, but the lack of normal work and research conditions for the faculty staff. Article contains concrete proposals, which, according to the author, will allow to change the situation in the education sector for the better.
Ключевые слова / Keywords:
constitution of the Russian Federation; human and civil rights and freedoms; academic freedom; the right to work; the right to education; education; Scientific and pedagogical creativity; academic teaching staff, teachers.
Аннотация / Annotation:
This article is devoted to the freedom of teaching established by the Constitution of the Russian Federation and to the constitutional common right of education. This article also contains a review of certain issues related to the teaching and realization of freedom of teaching. Particular attention is drawn to the correlation of the length of the duty hours of the academic teaching staff with the established norms of the teaching load, and also to the creative component (scientific and research work of the teaching staff), which is not mentioned in official standards. Author points out not only the problems of low wages of teachers, but the lack of normal work and research conditions for the faculty staff. Article contains concrete proposals, which, according to the author, will allow to change the situation in the education sector for the better.
Ключевые слова / Keywords:
constitution of the Russian Federation; human and civil rights and freedoms; academic freedom; the right to work; the right to education; education; Scientific and pedagogical creativity; academic teaching staff, teachers.
A.JA. RYZHENKOV A.Ja. Ryzhenkov – doctor of jurisprudence, professor, professor of department of civil law and process Kalmyk state university
Legal problems of realization of the principle of development of system of ecological education and formation of ecological culture
Страницы / Pages: 11-20
Аннотация / Annotation:
The author proves that standards of the ecological right have too frame character complicating their full realization, the impossibility of administrative prosecution of persons who were obliged to have special ecological training can be an example of what, but did not make it. Full realization of this principle requires development of the ad federal law “About Ecological Formation, Education, Education and Formation of Ecological Culture”.
Ключевые слова / Keywords:
ecological education; education; education; ecological culture; court practice; sense of justice.
Аннотация / Annotation:
The author proves that standards of the ecological right have too frame character complicating their full realization, the impossibility of administrative prosecution of persons who were obliged to have special ecological training can be an example of what, but did not make it. Full realization of this principle requires development of the ad federal law “About Ecological Formation, Education, Education and Formation of Ecological Culture”.
Ключевые слова / Keywords:
ecological education; education; education; ecological culture; court practice; sense of justice.
SELIVERSTOVA O.I. Seliverstova O.I. – PhD in Law
Law enforcement practice in the field of targeted training of students
Страницы / Pages: 21-27
Аннотация / Annotation:
The article is devoted to the legal problems of targeted training of students. An analysis of court decisions on disputes arising from contracts for targeted training is conducted. Particular attention is paid to identifying shortcomings in the legal regulation of relations for targeted education.
Ключевые слова / Keywords:
targeted training, target admission, targeted training, contract, employment.
Аннотация / Annotation:
The article is devoted to the legal problems of targeted training of students. An analysis of court decisions on disputes arising from contracts for targeted training is conducted. Particular attention is paid to identifying shortcomings in the legal regulation of relations for targeted education.
Ключевые слова / Keywords:
targeted training, target admission, targeted training, contract, employment.
ALEKHIN I.A. Alekhin I.A. – Dr. of Pedagogy, Professor, Corresponding Member of the Russian Academy of Education, Pedagogy Chair Head at Military University, Merited Worker of Science of the Russian Federation
DVADNENKO A.V. Dvadnenko A.V. – Ph. D. (Pedagogics), Director of the Boarding School, Central Military Children’s Sanatorium of the Pyatigorsk
Legal basis of inclusive education realization at health-protecting sanatoriums for children of Russia
Страницы / Pages: 28-36
Аннотация / Annotation:
This article reveals the reasons of the main difficulties at the sanatoriums for children in the Russian Federation at the process of inclusive education realization/ At the author’s point of view most of them appear as a result of lack in legal framework in modern development of health-protection for children in Russia.
Ключевые слова / Keywords:
adaptation, inclusion, rehabilitation, sanatorium schools, pupils with health disabilities, legal basis.
EDUCATION AND TRAININGАннотация / Annotation:
This article reveals the reasons of the main difficulties at the sanatoriums for children in the Russian Federation at the process of inclusive education realization/ At the author’s point of view most of them appear as a result of lack in legal framework in modern development of health-protection for children in Russia.
Ключевые слова / Keywords:
adaptation, inclusion, rehabilitation, sanatorium schools, pupils with health disabilities, legal basis.
AKHMETOV A.S. Akhmetov A.S. – Ph.D, associate professor, Pavlodar Pedagogical State Institute
Legal education: realities and prospects
Страницы / Pages: 37-44
Аннотация / Annotation:
The article is devoted to the analysis of legal education in the development of the entire educational system of the state. The article deals with the main problems of training legal personnel and makes suggestions for improving the legal education. The author pays special attention to studying the content of legal education. The scientific work is written on the basis of scientific research of domestic and foreign authors on the issues of studying legal education.
Ключевые слова / Keywords:
law, education, government, society, system, lawyer, Bachelor’s, Master’s, educational program, Bologna process.
Аннотация / Annotation:
The article is devoted to the analysis of legal education in the development of the entire educational system of the state. The article deals with the main problems of training legal personnel and makes suggestions for improving the legal education. The author pays special attention to studying the content of legal education. The scientific work is written on the basis of scientific research of domestic and foreign authors on the issues of studying legal education.
Ключевые слова / Keywords:
law, education, government, society, system, lawyer, Bachelor’s, Master’s, educational program, Bologna process.
OSIPOV P.N. Osipov P.N. – Doctor of Science in Education, Full Professor
OSIPOVA L.N. Osipova L.N. – Doctor of Science in Education, Associate Professor
Value orientations of students
Страницы / Pages: 45-52
Аннотация / Annotation:
Value orientations are among the main personality characteristics. If we want to influence the behavior of our students, we should influence their values; therefore, it is necessary to know what these values are. Depending on the value orientations of the students (what they pursue in life, what they want to create or obtain, how they give their personal value to their communication and activities, and etc.) we can speak about their social or civil maturity. The paper characterizes the value orientations of the students through experimental results obtained in different periods, and gives a comparative analysis of them.
Ключевые слова / Keywords:
value orientations, value based goals, value based resources, student.
Аннотация / Annotation:
Value orientations are among the main personality characteristics. If we want to influence the behavior of our students, we should influence their values; therefore, it is necessary to know what these values are. Depending on the value orientations of the students (what they pursue in life, what they want to create or obtain, how they give their personal value to their communication and activities, and etc.) we can speak about their social or civil maturity. The paper characterizes the value orientations of the students through experimental results obtained in different periods, and gives a comparative analysis of them.
Ключевые слова / Keywords:
value orientations, value based goals, value based resources, student.
RUDNEVA N.V. Rudneva N.V. – The senior lecturer, Voronezh Institute of Economics and Law, Lipetsk Branch
The impact of political socialization on the formation of legal culture of students legal profile
Страницы / Pages: 53-60
Аннотация / Annotation:
The article examines the impact of political socialization on the formation of legal culture of students, forms of political education in the process of political socialization at the University, reveals the essence of the relationship of political and legal culture of students of legal profile.
Ключевые слова / Keywords:
legal culture, politics, socialization, education, students.
Аннотация / Annotation:
The article examines the impact of political socialization on the formation of legal culture of students, forms of political education in the process of political socialization at the University, reveals the essence of the relationship of political and legal culture of students of legal profile.
Ключевые слова / Keywords:
legal culture, politics, socialization, education, students.
GOLOVINA A.A. Golovina A.A. – PhD in Law
Legal education of citizens during high-hume era: formation of the state strategy
Страницы / Pages: 61-69
Аннотация / Annotation:
In article the prospects of forming of the state strategy of legal education of citizens in modern Russia are considered. Historical development and an urgent condition of the legal basis of legal education in Russia is analyzed (including in the legislation on education), need of their systematization and development is noted. For this purpose the author proposes specific measures, including acceptance of “Strategies of development of legal education in the Russian Federation for the period till 2027”.
Ключевые слова / Keywords:
legal education, legal culture, legal bases of legal education, strategy of legal education, progressive conservatism.
WE DISCUSS THE PROBLEMАннотация / Annotation:
In article the prospects of forming of the state strategy of legal education of citizens in modern Russia are considered. Historical development and an urgent condition of the legal basis of legal education in Russia is analyzed (including in the legislation on education), need of their systematization and development is noted. For this purpose the author proposes specific measures, including acceptance of “Strategies of development of legal education in the Russian Federation for the period till 2027”.
Ключевые слова / Keywords:
legal education, legal culture, legal bases of legal education, strategy of legal education, progressive conservatism.
SOLOVEV S.G. Solovev S.G. – Doctor of Law, Professor
The main problems and tendencies of development of legal forms of public self-organization of inhabitants of the municipalities
Страницы / Pages: 70-78
Аннотация / Annotation:
The article investigates the conceptual, ideological, organizational, as well as theoretical and practical legal aspects of legal forms of public self-organization of regular municipal residents. Outlined ways to improve the efficiency of the public regularly analyzed ways of self-organization of residents and optimization of appropriate forms of legal consolidation.
Ключевые слова / Keywords:
local government, ideals of local government, public self-organization of citizens.
Аннотация / Annotation:
The article investigates the conceptual, ideological, organizational, as well as theoretical and practical legal aspects of legal forms of public self-organization of regular municipal residents. Outlined ways to improve the efficiency of the public regularly analyzed ways of self-organization of residents and optimization of appropriate forms of legal consolidation.
Ключевые слова / Keywords:
local government, ideals of local government, public self-organization of citizens.
KOZHEVNIKOV O.A. Kozhevnikov O.A. – Doctor of Law
To the question of the legal interpretation of norms of the Federal law on performing collecting
Страницы / Pages: 79-83
Аннотация / Annotation:
For example, one of the last decisions of the constitutional court of the Russian Federation the author makes a conclusion about the imperfection of the legal-linguistic techniques of decisions of the constitutional court of the Russian Federation, which may cause contradictions in judicial and law enforcement practice.
Ключевые слова / Keywords:
constitutional court of the Russian Federation, enforcement, performance fee, the decision of the constitutional court, the Constitution, jurisprudence, constitutional and legal interpretation, the law on the constitutional court of the Russian Federation, Executive collection, the rule of law, administrative responsibility, administrative law.
Аннотация / Annotation:
For example, one of the last decisions of the constitutional court of the Russian Federation the author makes a conclusion about the imperfection of the legal-linguistic techniques of decisions of the constitutional court of the Russian Federation, which may cause contradictions in judicial and law enforcement practice.
Ключевые слова / Keywords:
constitutional court of the Russian Federation, enforcement, performance fee, the decision of the constitutional court, the Constitution, jurisprudence, constitutional and legal interpretation, the law on the constitutional court of the Russian Federation, Executive collection, the rule of law, administrative responsibility, administrative law.
YAVORSKY M.А. Yavorsky M.А. – candidate of jurisprudence, associate professor
The administrative counter extremism in the prison system of Russia: practical aspects
Страницы / Pages: 84-95
Аннотация / Annotation:
The author of the article reveals some practical aspects of the administrative offense of extremism perpetrated in Russian prisons. Presented enforcement practice in cases of administrative offenses provided for by Art. 20.3 and Art. 20.29 of the Administrative Code. The characteristic of the specified offenses committed in penal institutions of Russia. Formulated typical causes and circumstances contributing to the commission of these administrative offenses in prisons.
Ключевые слова / Keywords:
counteraction to extremism, prisons, propaganda of extremism and extremist materials, administrative responsibility.
Аннотация / Annotation:
The author of the article reveals some practical aspects of the administrative offense of extremism perpetrated in Russian prisons. Presented enforcement practice in cases of administrative offenses provided for by Art. 20.3 and Art. 20.29 of the Administrative Code. The characteristic of the specified offenses committed in penal institutions of Russia. Formulated typical causes and circumstances contributing to the commission of these administrative offenses in prisons.
Ключевые слова / Keywords:
counteraction to extremism, prisons, propaganda of extremism and extremist materials, administrative responsibility.
BADIKOV D.A. Badikov D.A. – candidate of legal Sciences
Problematic issues of the procedural and investigative actions in the investigation of criminal cases
Страницы / Pages: 96-103
Аннотация / Annotation:
The article deals with topical issues arising in connection with the extension of the list of procedural and investigative actions in the investigation of criminal cases, including at the stage of initiation of criminal proceedings. The author raises issues concerning evidentiary value of the results of the above actions, provides ways to solve these problems.
Ключевые слова / Keywords:
investigation; evidence; proof; admissibility of evidence; enquiry; criminal proceedings; preliminary examination.
LAW ABROADАннотация / Annotation:
The article deals with topical issues arising in connection with the extension of the list of procedural and investigative actions in the investigation of criminal cases, including at the stage of initiation of criminal proceedings. The author raises issues concerning evidentiary value of the results of the above actions, provides ways to solve these problems.
Ключевые слова / Keywords:
investigation; evidence; proof; admissibility of evidence; enquiry; criminal proceedings; preliminary examination.
VIEWEG К. Vieweg К. – Professor, Doctor of Juridical Science (Germany)
The legal autonomy of sport organisations and the restrictions of European law
Страницы / Pages: 104-119
Аннотация / Annotation:
The article is devoted to research conducted in accordance with the legislation of the European Union. First published in: The Legal Autonomy of Sport Organisations and the Restrictions of European Law, in: A. Caiger / S. Gardiner (eds.), Professional Sport in the European Union: Regulation and Re-Regulation, The Hague 2001, S. 83–106.
Ключевые слова / Keywords:
sport, sports law, sports autonomy, the European Union, the Bosman case, competition law.
Аннотация / Annotation:
The article is devoted to research conducted in accordance with the legislation of the European Union. First published in: The Legal Autonomy of Sport Organisations and the Restrictions of European Law, in: A. Caiger / S. Gardiner (eds.), Professional Sport in the European Union: Regulation and Re-Regulation, The Hague 2001, S. 83–106.
Ключевые слова / Keywords:
sport, sports law, sports autonomy, the European Union, the Bosman case, competition law.
IBRAHIMOV O.A. Ibrahimov O.A. – senior researcher at PKU research Institute of the Federal penitentiary service of Russia
KORTCHEV V.S. Kortchev V.S. – senior researcher of the PKU research Institute of the Federal penitentiary service of Russia
A comparative analysis of the legal foundations of the fight against corruption in some countries of the CIS, Western Europe and Russia
Страницы / Pages: 120-127
Аннотация / Annotation:
Ключевые слова / Keywords:
declination to corruption offences, the prison system, national security, anti-corruption and state guarantees.
PAGES OF HISTORYАннотация / Annotation:
Ключевые слова / Keywords:
declination to corruption offences, the prison system, national security, anti-corruption and state guarantees.
LADNUSHKINA N.M. Ladnushkina N.M. – candidate of pedagogy, associate professor
ZVONAREV A.V. Zvonarev A.V. – candidate of history, associate professor
PASHENTSEV D.A. Pashentsev D.A. – doctor of jurisprudence, professor
The development of sources of educational law in pre-revolutionary Russia
Страницы / Pages: 128-137
Аннотация / Annotation:
The paper analyzes the dynamics of formal sources of educational law in the pre-revolutionary period. The basic directions of development of the sources of law the sources that regulate relations in the sphere of education.
Ключевые слова / Keywords:
education, educational law, source of law, the law, regulatory legal act of the Russian Empire.
Аннотация / Annotation:
The paper analyzes the dynamics of formal sources of educational law in the pre-revolutionary period. The basic directions of development of the sources of law the sources that regulate relations in the sphere of education.
Ключевые слова / Keywords:
education, educational law, source of law, the law, regulatory legal act of the Russian Empire.
SKUTNEV A.V. Skutnev A.V. – PhD
Legal bases of formation, organizational structure and activities of spiritual consistories in the XIX century
Страницы / Pages: 138-143
Аннотация / Annotation:
The article is devoted to the formation of the legal framework, organizational structure and activities of spiritual consistories in the XIX century. Proved inadequate operation of the public institute on the basis of historical facts.
Ключевые слова / Keywords:
charter Spiritual Consistory, Russian Orthodox Church.
SCIENTIFIC DEBUTАннотация / Annotation:
The article is devoted to the formation of the legal framework, organizational structure and activities of spiritual consistories in the XIX century. Proved inadequate operation of the public institute on the basis of historical facts.
Ключевые слова / Keywords:
charter Spiritual Consistory, Russian Orthodox Church.
GUMENCHUK O.O.
Gumenchuk O.O.
–
Practice of the use of the special knowledge in form setting of judicial examination to laying an action: discussions, problems and ways of their decision
Страницы / Pages: 144-154
Аннотация / Annotation:
The article considers such a form of using special knowledge as the appointment of forensic expertise at the stage of checking the report on the crime, substantiated the importance of the appointment of a forensic examination prior to the institution of a criminal case, fixed the reasons for not effectively using the appointment of forensic examinations at this stage, and formulated proposals for their elimination.
Ключевые слова / Keywords:
specialized knowledge, expert activities, expert, forensic examination, institution of a criminal case.
Аннотация / Annotation:
The article considers such a form of using special knowledge as the appointment of forensic expertise at the stage of checking the report on the crime, substantiated the importance of the appointment of a forensic examination prior to the institution of a criminal case, fixed the reasons for not effectively using the appointment of forensic examinations at this stage, and formulated proposals for their elimination.
Ключевые слова / Keywords:
specialized knowledge, expert activities, expert, forensic examination, institution of a criminal case.
BUGAEVSKAYA YU.YU.
Bugaevskaya Yu.Yu.
–
Determination of efficiency fact of registration of copyright in the work for proving authorship
Страницы / Pages: 155-164
Аннотация / Annotation:
Аs a result of a comparative analysis of legislation in the field of intellectual property of the Russian Federation and Ukraine, the legal status of the procedure on the work of registration of copyrights, as well as its effectiveness as a mechanism for providing proof of authorship. The main problems faced by the authors of the works and other rights holders of copyrights by using the fact of registration of the copyrights to prove authorship in court. A new approach to proof of authorship, based not on the presumption of authorship, and to establish the fact and date of creation.
Ключевые слова / Keywords:
registration of copyright, authorship proof security, the presumption of authorship, the creation of the work, the date of creation of the work, service work, a civil contract.
Аннотация / Annotation:
Аs a result of a comparative analysis of legislation in the field of intellectual property of the Russian Federation and Ukraine, the legal status of the procedure on the work of registration of copyrights, as well as its effectiveness as a mechanism for providing proof of authorship. The main problems faced by the authors of the works and other rights holders of copyrights by using the fact of registration of the copyrights to prove authorship in court. A new approach to proof of authorship, based not on the presumption of authorship, and to establish the fact and date of creation.
Ключевые слова / Keywords:
registration of copyright, authorship proof security, the presumption of authorship, the creation of the work, the date of creation of the work, service work, a civil contract.