Право и образование
№ 07 • 2010
EDUACTIONAL LAW
SUKHAREVA I.V. Sukhareva I.V. – Associate Professor of the Department for Information Law and Legal Sciences of Saint-Petersburg State University of Space Instrument Engineering, PhD in Law
Contents of Constitutional Right for Education
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Аннотация / Annotation:
The article covers contents of constitutional right for education. The right for education can be structured by means of a level of education, on which it is implemented; and juridical construction of this right is a complex multi-tier construction and includes: right for secondary education, right for higher professional education, right for postgraduate education.
Ключевые слова / Keywords:
education, a right for education, contents of a right for education.
Аннотация / Annotation:
The article covers contents of constitutional right for education. The right for education can be structured by means of a level of education, on which it is implemented; and juridical construction of this right is a complex multi-tier construction and includes: right for secondary education, right for higher professional education, right for postgraduate education.
Ключевые слова / Keywords:
education, a right for education, contents of a right for education.
VANEEV O.N. Vaneev O.N. – Advisor of Expert and legal Administration of Legislative Council of Krasnoyarsk Region, PhD in Law
Problem of Public Participation in Management of Municipal Educational Institutions
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Аннотация / Annotation:
Organizational forms of participation of society in management of municipal educational institutions have been created in many municipal institutions. The main task on modern stage of development of municipal system of education is in inclusion of responsible representatives of local society and parents into management of municipal educational institutions.
Ключевые слова / Keywords:
education, local government, a society, a school.
Аннотация / Annotation:
Organizational forms of participation of society in management of municipal educational institutions have been created in many municipal institutions. The main task on modern stage of development of municipal system of education is in inclusion of responsible representatives of local society and parents into management of municipal educational institutions.
Ключевые слова / Keywords:
education, local government, a society, a school.
KUROV C.V. Kurov C.V. – Associate Professor of the Department of State Administration, Legal Support of State and Municipal Service of the Russian Academy of State Service under the President of the Russian Federation, PhD in Law
A Contract of Corporate Educational Services
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Аннотация / Annotation:
Civil and legal specifics of regulation of relations between an educational organization and organization, employees of which will be educated on courses of additional professional education, are considered in the article. At first time specifics, legal nature of this type of contract, and its conditions are analyzed.
Ключевые слова / Keywords:
providing of educational services, corporate education, a mixed contract, a contract for organizing, providing and implementing of educational programs.
MODERN EDUACTION Аннотация / Annotation:
Civil and legal specifics of regulation of relations between an educational organization and organization, employees of which will be educated on courses of additional professional education, are considered in the article. At first time specifics, legal nature of this type of contract, and its conditions are analyzed.
Ключевые слова / Keywords:
providing of educational services, corporate education, a mixed contract, a contract for organizing, providing and implementing of educational programs.
PONKIN I.V. Ponkin I.V. – Professor of the Department for State Administration, Legal Support of State and Municipal Service of the Russian Academy of State Service under the President of the Russian Federation, Doctor of Law
SOLOVIEV A.A. Soloviev A.A. – Federal Judge of the Arbitration Court of Moscow Region, PhD in Law
Teaching of Sport Law at US Universities: National Institute for Sport Law of the High School of Law of Markett University
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Аннотация / Annotation:
The article concludes a series of articles related to organization and specifics of teaching of sport law at two large US university centers of sport law. A review of implemented forms and directions of education, contents and targets of educational programs is given.
Ключевые слова / Keywords:
sport, sport law, university, teaching of sport law.
Аннотация / Annotation:
The article concludes a series of articles related to organization and specifics of teaching of sport law at two large US university centers of sport law. A review of implemented forms and directions of education, contents and targets of educational programs is given.
Ключевые слова / Keywords:
sport, sport law, university, teaching of sport law.
ROMANENKO V.S. Romanenko V.S. – Associate Professor of the Department of Fundamentals of Economic Theory and Law of Nizhniy Novgorod State Technical University in the name of R.A. Alekseev, PhD in History
Information Law: Problems of a Theory of Teaching
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Аннотация / Annotation:
The article covers the problems of legal regulation of application of information technologies in education and related problems of a theory of information law.
Ключевые слова / Keywords:
information law, information product, information technologies, electronic educational resources.
Аннотация / Annotation:
The article covers the problems of legal regulation of application of information technologies in education and related problems of a theory of information law.
Ключевые слова / Keywords:
information law, information product, information technologies, electronic educational resources.
KUDRYASHOV A.B. Kudryashov A.B. – Senior Teacher of the Department of Information and Technical Support of Law Enforcement Agencies of Dalnevostochnyi Juridical Institute of the Ministry of Internal Affairs of Russia
Psychological and Pedagogic Problems of Development of Tolerance of Recruits of Universities of the Ministry of Internal Affairs of the Russian Federation
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Аннотация / Annotation:
The article covers psychological and pedagogic problem of creation and development of tolerance of recruits of educational institutions of the Ministry of Internal Affairs of Russia. As a criterion of the research the author uses three parameters determining a level of development of tolerance: cognitive and information; motivating and estimating; and acting and transforming level.
Ключевые слова / Keywords:
professional development, tolerance, a culture of tolerance.
Аннотация / Annotation:
The article covers psychological and pedagogic problem of creation and development of tolerance of recruits of educational institutions of the Ministry of Internal Affairs of Russia. As a criterion of the research the author uses three parameters determining a level of development of tolerance: cognitive and information; motivating and estimating; and acting and transforming level.
Ключевые слова / Keywords:
professional development, tolerance, a culture of tolerance.
GAGARINOV D.E. Gagarinov D.E. – Postgraduate Student of NOU VPO University for the Humanities, Yekaterinburg
Illegality and Fault as Scientific Categories and Methods of Teaching during the Course of Civil Law
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Аннотация / Annotation:
Various approaches of scientists to categories of illegality and fault in civil law from the Roman law to present times, and methods of teaching of these categories during the course of civil law are investigated in the article.
Ключевые слова / Keywords:
illegality, fault, tort obligations, objective law, subjective rights, a principles of fault, a principle of violation, psychological theory of fault, a concept of fault with exclusions, a concept of two origins, a theory of risk.
Аннотация / Annotation:
Various approaches of scientists to categories of illegality and fault in civil law from the Roman law to present times, and methods of teaching of these categories during the course of civil law are investigated in the article.
Ключевые слова / Keywords:
illegality, fault, tort obligations, objective law, subjective rights, a principles of fault, a principle of violation, psychological theory of fault, a concept of fault with exclusions, a concept of two origins, a theory of risk.
GRIGORIEV O.V. Grigoriev O.V. – Teacher of Novosibirsk Branch of MUH, PhD in Law, Professor of the Academy for Military Doctrines
TOMSKIKH S.N. Tomskikh S.N. – Teacher of Novosibirsk Military Institute of Internal Guard of the Ministry of Internal Affairs of Russia
Tasks and Goals of Legal Education of Recruits in Military and Pedagogic University
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Аннотация / Annotation:
The article includes analysis of legal education of recruits of higher military educational institutions in Russia. Characteristics of a goal of legal education of recruits are given and an attempt to set tasks to achieve this goal is made.
Ключевые слова / Keywords:
legal education of recruits, law enforcement, legal knowledge, legal consciousness.
DISCUSSING THE PROBLEMАннотация / Annotation:
The article includes analysis of legal education of recruits of higher military educational institutions in Russia. Characteristics of a goal of legal education of recruits are given and an attempt to set tasks to achieve this goal is made.
Ключевые слова / Keywords:
legal education of recruits, law enforcement, legal knowledge, legal consciousness.
PERMYAKOV M.V. Permyakov M.V. – Associate Professor of the Department of Operational and Search Activities of Law Enforcement Agencies of Ural Juridical Institute of the Ministry of Internal Affairs of the Russian Federation, PhD in Law
Organizational Measures for Protection of Secrets (Confidential Information)
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Аннотация / Annotation:
The article covers educational and practical aspects of a problem of understanding and protection of confidential information, and rules of working with such information, which can limit or influence on civil rights of citizens.
Ключевые слова / Keywords:
confidential information, a secret, access, admittance, security classification.
Аннотация / Annotation:
The article covers educational and practical aspects of a problem of understanding and protection of confidential information, and rules of working with such information, which can limit or influence on civil rights of citizens.
Ключевые слова / Keywords:
confidential information, a secret, access, admittance, security classification.
SERDYUKOVA E.V. Serdyukova E.V. – Associate Professor of the Department of Criminal and Legal Disciplines in Branch of FGOU VPO North Caucasian Academy of State Service in Stavropol, PhD in Law
Constraint as a Method of Inclusion of a Person into Exploitation
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Аннотация / Annotation:
Basic forms of constraint as a method of inclusion of a person into any forms of exploitation are represented on the basis of scientific analysis of criminal and legal norms of Russian legislation, which set responsibility for human being traffic (Article 127.1 of the Criminal Code of the Russian Federation) and a term of ‘constraint’ in criminal law. This research is made for improving of the law and its more effective putting into practice.
Ключевые слова / Keywords:
constraining, violation, physical violation, emotional pressing, emotional violence, threat of violence, debt bondage, economic constraint.
Аннотация / Annotation:
Basic forms of constraint as a method of inclusion of a person into any forms of exploitation are represented on the basis of scientific analysis of criminal and legal norms of Russian legislation, which set responsibility for human being traffic (Article 127.1 of the Criminal Code of the Russian Federation) and a term of ‘constraint’ in criminal law. This research is made for improving of the law and its more effective putting into practice.
Ключевые слова / Keywords:
constraining, violation, physical violation, emotional pressing, emotional violence, threat of violence, debt bondage, economic constraint.
AZMI D.M. Azmi D.M. – Advisor of the Department of Legislative Practice of the Government of Moscow, Associate Professor of Moscow Institute of Law, PhD in Law
Contents and Meaning of Official Interpretation of Legal Acts
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Аннотация / Annotation:
Issue of official interpretation of legal acts is considered in the article; position concerning an object of interpretation is expressed, author’s approach to analysis and assessment of content of official interpretation and practicability of official juridical regulation of sub-institution of official interpretation are represented.
Ключевые слова / Keywords:
legal act, interpretation of legal acts, official interpretation of legal acts, systematic methods of interpretation.
Аннотация / Annotation:
Issue of official interpretation of legal acts is considered in the article; position concerning an object of interpretation is expressed, author’s approach to analysis and assessment of content of official interpretation and practicability of official juridical regulation of sub-institution of official interpretation are represented.
Ключевые слова / Keywords:
legal act, interpretation of legal acts, official interpretation of legal acts, systematic methods of interpretation.
FEDOROV A.YU. Fedorov A.Yu. – Head of the Department of Improvement of Law Enforcement Agencies’ Actions of Ural Juridical Institute of the Ministry of Internal Affairs of Russia, PhD in Law
Corporate Raids and Corruption in Organs of Judicial Power in Russia
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Аннотация / Annotation:
This scientific article covers the problem of interaction between corporate raids and corruptions in organs of judicial power in Russia. Actuality of measures of fighting against corruption in judicial organs is considered; first step measures targeted on fighting against corruption in organs of judicial power are given.
Ключевые слова / Keywords:
corruption, organs of judicial power, corporate raids, public danger.
Аннотация / Annotation:
This scientific article covers the problem of interaction between corporate raids and corruptions in organs of judicial power in Russia. Actuality of measures of fighting against corruption in judicial organs is considered; first step measures targeted on fighting against corruption in organs of judicial power are given.
Ключевые слова / Keywords:
corruption, organs of judicial power, corporate raids, public danger.
ARABULI D.D. Arabuli D.D. – Teacher of Murmansk Branch of the Modern University for the Humanities
Self-Defense as a Form of Defense of Civil Rights in the Civil Code of the Russian Federation
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Аннотация / Annotation:
The article covers a problem of self-defense of civil rights in the Russian Federation. Analysis of self-defense is conducted through investigating of origin and juridical nature of self-defense; right to defend, forms of self-defense, its objects and practical methods are investigated.
Ключевые слова / Keywords:
a right, defense, self-defense, protection of a right.
Аннотация / Annotation:
The article covers a problem of self-defense of civil rights in the Russian Federation. Analysis of self-defense is conducted through investigating of origin and juridical nature of self-defense; right to defend, forms of self-defense, its objects and practical methods are investigated.
Ключевые слова / Keywords:
a right, defense, self-defense, protection of a right.
SHISHKANOV P.A. Shishkanov P.A. – Teacher of the Academy of Finances and Modern Business
Action for Declaration of Right of Ownership of an Unauthorized Construction
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Аннотация / Annotation:
Actual issues related to civil means of protection of unauthorized construction are considered in the article. The great attention is paid to action for declaration of right of ownership, its legal nature, subject, fundamentals and conditions of application.
Ключевые слова / Keywords:
ownership, protection, recognition, a right, an unauthorized construction.
LEGAL CONSULTINGАннотация / Annotation:
Actual issues related to civil means of protection of unauthorized construction are considered in the article. The great attention is paid to action for declaration of right of ownership, its legal nature, subject, fundamentals and conditions of application.
Ключевые слова / Keywords:
ownership, protection, recognition, a right, an unauthorized construction.
BRILLIANTOVA N.A. Brilliantova N.A. – Professor of the Department of Labor Law and Social Relations, Academy of Law and Social Relations, PhD in Law, Associate Professor
SAMRAILOVA E.K. Samrailova E.K. – Professor of the Department of Economics of Law and Personnel Management, Academy of Law and Social Relations, Doctor for Political Sciences, Associate Professor
Unpaid Leave of Absence: Some Aspects of Legal Regulation
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Аннотация / Annotation:
The article covers considerations of some aspects of legal regulation of granting and registration of unpaid leaves of absence. Analysis of existing legislation in this sphere is conducted and contradictions in existing legal documents are represented
Ключевые слова / Keywords:
unpaid leave of absence, career break, a wage.
Аннотация / Annotation:
The article covers considerations of some aspects of legal regulation of granting and registration of unpaid leaves of absence. Analysis of existing legislation in this sphere is conducted and contradictions in existing legal documents are represented
Ключевые слова / Keywords:
unpaid leave of absence, career break, a wage.
PESTRYAKOVA L.G. Pestryakova L.G. – Advisor of the Administration of Relations with Organs of Legislative and Executive Power of the Government of Moscow city
Legal Nature of a Credit Contract for Education
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Аннотация / Annotation:
The article covers research of legal nature of a credit contract for education. In legal literature many scientists discuss a nature of this type of a contract. A credit contract can coincide with a debt contract, but it is a separate type of a contract.
Ключевые слова / Keywords:
law, a credit contract, credit for education, a condition of a credit contract, legal nature of a credit contract.
SCIENTIFIC DEBUTАннотация / Annotation:
The article covers research of legal nature of a credit contract for education. In legal literature many scientists discuss a nature of this type of a contract. A credit contract can coincide with a debt contract, but it is a separate type of a contract.
Ключевые слова / Keywords:
law, a credit contract, credit for education, a condition of a credit contract, legal nature of a credit contract.
SHKURSKAYA E.S. Shkurskaya E.S. – Postgraduate Student of the Faculty of Psychology of State Academic University of Human Sciences
Education in Russia in First Half of 19th Century
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Аннотация / Annotation:
The article covers the problem of education in Russia in first half of 19th century. The author by using a method of comparative historic and philosophic analysis shows contents of spiritual life of Russian society in the specified period of time. Great attention is paid to investigation of public ideas and analysis of a role of enlightenment in development of social ideology.
Ключевые слова / Keywords:
education in Russia, enlightenment, philosophy, history, culture, Russian in first half of 19th century, western doctrines, Slavic doctrines.
Аннотация / Annotation:
The article covers the problem of education in Russia in first half of 19th century. The author by using a method of comparative historic and philosophic analysis shows contents of spiritual life of Russian society in the specified period of time. Great attention is paid to investigation of public ideas and analysis of a role of enlightenment in development of social ideology.
Ключевые слова / Keywords:
education in Russia, enlightenment, philosophy, history, culture, Russian in first half of 19th century, western doctrines, Slavic doctrines.
KUZNETSOVA I.V. Kuznetsova I.V. – Postgraduate Student of the Department of State Administration, Legal Support of State and Municipal Service of the Russian Academy of State Service under the President of the Russian Federation
Patent Court: Russian Reality and Foreign Experience
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Аннотация / Annotation:
The article covers the problem of improvement of mechanisms of protection of results of intellectual activity of development of a specialized judicial agency. A possibility of creation a specialized Patent Court in Russia is considered in the article, as one of ways of solution of existing legislative problems related to institution of protection of results of intellectual activity.
Ключевые слова / Keywords:
law, judicial system, patent court, reforming of a judicial system.
Аннотация / Annotation:
The article covers the problem of improvement of mechanisms of protection of results of intellectual activity of development of a specialized judicial agency. A possibility of creation a specialized Patent Court in Russia is considered in the article, as one of ways of solution of existing legislative problems related to institution of protection of results of intellectual activity.
Ключевые слова / Keywords:
law, judicial system, patent court, reforming of a judicial system.
FILORETOVA T.S. Filoretova T.S. – Postgraduate Student of the Modern University for the Humanities
Business Reputation of Legal Entities as a Legal Category
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Аннотация / Annotation:
The article covers a problem of determination of a concept of business reputation of legal entities and a nature of its legality. Great attention is paid to investigation of existing legislation in this sphere. Comparative analysis of various points of views on this problem is represented.
Ключевые слова / Keywords:
business reputation, business reputation of legal entities, non-material values, a right for business reputation of legal entities.
Аннотация / Annotation:
The article covers a problem of determination of a concept of business reputation of legal entities and a nature of its legality. Great attention is paid to investigation of existing legislation in this sphere. Comparative analysis of various points of views on this problem is represented.
Ключевые слова / Keywords:
business reputation, business reputation of legal entities, non-material values, a right for business reputation of legal entities.
KONDRATIEVA I.O. Kondratieva I.O. – Postgraduate Student of MUH
Some Problems of Criminal Prosecution of Medical Officers in Case of Medical Misconduct
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Аннотация / Annotation:
The article covers problems of criminal prosecution of medical officers. Absence of special medical knowledge can seriously effect on investigation of medical cases.
Ключевые слова / Keywords:
an expertise, iatrogenic crimes, inadequate evidence, medical law.
Аннотация / Annotation:
The article covers problems of criminal prosecution of medical officers. Absence of special medical knowledge can seriously effect on investigation of medical cases.
Ключевые слова / Keywords:
an expertise, iatrogenic crimes, inadequate evidence, medical law.
TUKMAKOV V.I. Tukmakov V.I. – Applicant for the Department of Civil Law in MUH
Contract Legal Regulation of Innovative Activity
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Аннотация / Annotation:
The results of research of contract and legal regulation of innovative activity from the position of development of scientific results on work contracts (scientific-research, experimental and construction, and technological contracts) are represented in the article.
Ключевые слова / Keywords:
innovative system, results of scientific and technical activity, scientific-research, experimental and construction and technological works, principles of contract and legal regulation, specifics of work contract.
Аннотация / Annotation:
The results of research of contract and legal regulation of innovative activity from the position of development of scientific results on work contracts (scientific-research, experimental and construction, and technological contracts) are represented in the article.
Ключевые слова / Keywords:
innovative system, results of scientific and technical activity, scientific-research, experimental and construction and technological works, principles of contract and legal regulation, specifics of work contract.
POLYAKOVA N.V. Polyakova N.V. – Applicant for the Department of Theory and History of State and Law of the Faculty of Law of Ulyanovsk State University
Consideration of Lobby and its Development in Russia
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Аннотация / Annotation:
Lobby as an event in public and political life of society is described in the article. A concept of lobby, its positive and negative consequences and development in Russia are represented. Great attention is paid to difficulty to control lobby by means of the legislation.
Ключевые слова / Keywords:
lobby, corruption, interests of a small group of people, consequences of lobby, lobby in Russia, control over lobby.
Аннотация / Annotation:
Lobby as an event in public and political life of society is described in the article. A concept of lobby, its positive and negative consequences and development in Russia are represented. Great attention is paid to difficulty to control lobby by means of the legislation.
Ключевые слова / Keywords:
lobby, corruption, interests of a small group of people, consequences of lobby, lobby in Russia, control over lobby.