Право и образование
№ 07 • 2012
MODERN EDUCATION AND LAW
TVERDOVA T.V. Tverdova T.V. – Associate Professor of the Department of Private and Legal Disciplines of the Juridical Faculty of the Intenational University in Moscow, PhD in Law
Legislation of Russia of Education Is Needed in Improvement
Страницы / Pages: 4-22
Аннотация / Annotation:
The article covers the most actual problems of legal regulation of relations existing within the system of education in Russia.
Ключевые слова / Keywords:
education, a legal mechanism, forecasting.
Аннотация / Annotation:
The article covers the most actual problems of legal regulation of relations existing within the system of education in Russia.
Ключевые слова / Keywords:
education, a legal mechanism, forecasting.
PUTILO N.V. Putilo N.V. – Head of the Department for Social Legislation of the Institute for Legislation and Comparative Jurisprudence under the Government of the Russian Federation, PhD in Law
Legal Status of Students in Regulatory Acts of the Federal Legislation and Laws of Constituent Entities of the Russian Federation
Страницы / Pages: 23-37
Аннотация / Annotation:
A legal status of students is considered on the basis of theoretical ideas of elements of legal status. The federal legislation and regulatory acts of constituent entities of the Russian Federation are investigated, a comparatuve analysis of existing norms and statements of a draft of the Federal law “Education in the Russian Federation’ is conducted.
Ключевые слова / Keywords:
a legal status, rights, freedoms, obligations, legal interests, responsibility, academic rights, social rights, a right for education.
Аннотация / Annotation:
A legal status of students is considered on the basis of theoretical ideas of elements of legal status. The federal legislation and regulatory acts of constituent entities of the Russian Federation are investigated, a comparatuve analysis of existing norms and statements of a draft of the Federal law “Education in the Russian Federation’ is conducted.
Ключевые слова / Keywords:
a legal status, rights, freedoms, obligations, legal interests, responsibility, academic rights, social rights, a right for education.
ISAKOV V.M. Isakov V.M. – Professor of the Department for Methods of Educational Processes of the Untypical University of the Academy of Russian Ballet in the name of A.Ya.Vaganova, PhD in Technical Sciences
Problems of Law in Choreography
Страницы / Pages: 38-44
Аннотация / Annotation:
Problems of legal support of choreography are represented in the article. A spectre of requirements to specialists in choreography developed for ages, that is not completely adopted in the Russian legislation, is shown. Proposals on improvement of the legislation in a sphere of ballet education and art are made.
Ключевые слова / Keywords:
legislation, choreography, education, problems, ballet, genuine.
Аннотация / Annotation:
Problems of legal support of choreography are represented in the article. A spectre of requirements to specialists in choreography developed for ages, that is not completely adopted in the Russian legislation, is shown. Proposals on improvement of the legislation in a sphere of ballet education and art are made.
Ключевые слова / Keywords:
legislation, choreography, education, problems, ballet, genuine.
KOBCHIKOVA E.V. Kobchikova E.V. – Associate Professor of the Department for Civil and Entrepreneurship Law of Kazan (Privolzhskiy) Federal University, PhD in Law, Associate Professor
SPECIFICS OF A CONTRACT FOR PAID EDUCATIONAL SERVICES
Страницы / Pages: 45-51
Аннотация / Annotation:
The article covers legal nature of a contract for paid educational services; court practice related to this issue is given; and various points of view related to legal nature of a contract of paid educational services are considered.
Ключевые слова / Keywords:
a contract, educational services, educational legal relations.
Аннотация / Annotation:
The article covers legal nature of a contract for paid educational services; court practice related to this issue is given; and various points of view related to legal nature of a contract of paid educational services are considered.
Ключевые слова / Keywords:
a contract, educational services, educational legal relations.
TALYNEV V.I. Talynev V.I. – Professor of the Department of Philosophy FGBOU VPO ‘Voronezh State University for Engineering Technologies’, Doctor of Sociology, Associate Professor
Rating of Activity of a Teacher within the System of Higher Education
Страницы / Pages: 52-58
Аннотация / Annotation:
A problem of necessity of improvement of a rating of activities of a teaching staff is considered in the article. The author gives an analysis of effectiveness of main criteria in assessing activities of university teaching staff in Voronezh State University for Engineering Technologies.
Ключевые слова / Keywords:
a system of higher education, a university, accreditation parameters, a rating, competences and qualification of a teacher.
Аннотация / Annotation:
A problem of necessity of improvement of a rating of activities of a teaching staff is considered in the article. The author gives an analysis of effectiveness of main criteria in assessing activities of university teaching staff in Voronezh State University for Engineering Technologies.
Ключевые слова / Keywords:
a system of higher education, a university, accreditation parameters, a rating, competences and qualification of a teacher.
BONDARENKO T.N. Bondarenko T.N. – Senior Specialist in Organizational and Legal Support of the Municipal Institution ‘Administration of Pre-School Education of the Administration of a Municipal Unit Nadym Region’
Scientific Forecasting of Development of Juridical Situations in a Field of Pre-School Education as Implementation of Doctrinal Form of Russian Legal Policy
Страницы / Pages: 59-69
Аннотация / Annotation:
The great attention is paid to forecasting, planning, legal monitoring as elements of scientific forecasting of development of juridical situations in a field of pre-school education in its interaction with a doctrinal form of implementation of Russian legal policy.
Ключевые слова / Keywords:
legal policy, doctrinal form of legal policy, scientific forecasting, forecasting, planning, legal monitoring, pre-school education.
Аннотация / Annotation:
The great attention is paid to forecasting, planning, legal monitoring as elements of scientific forecasting of development of juridical situations in a field of pre-school education in its interaction with a doctrinal form of implementation of Russian legal policy.
Ключевые слова / Keywords:
legal policy, doctrinal form of legal policy, scientific forecasting, forecasting, planning, legal monitoring, pre-school education.
POLOTOVSKAYA E.YU. Polotovskaya E.Yu. – Postgraduate Student of the Department ‘Financial and Entrepreneurial Law’ of the Juridical Institute of FGBOU VPO ‘The State University – UNPK’, Orel-city
Access of Non-State Educational Institutions for State Financing is Opened
Страницы / Pages: 70-78
Аннотация / Annotation:
It is reasoned in the article, that in accordance with the Statement of the Government of Russia dated March 28, 2012 No.244 ‘Adoption of The Regulations of the List of Secondary and Higher Professional Institutions Having State Accreditation and Teaching Citizens for Account of Means from the Federal Budget in 2012’ many non-state educational institutions have adequate access (based on competitions) to budgetary financing of the appropriate level for their educational programs.
Ключевые слова / Keywords:
education, financing, numbers, a task, a subsidy, competitions, an institution, non-state, an application, regulations.
ISSUES OF A THEORYАннотация / Annotation:
It is reasoned in the article, that in accordance with the Statement of the Government of Russia dated March 28, 2012 No.244 ‘Adoption of The Regulations of the List of Secondary and Higher Professional Institutions Having State Accreditation and Teaching Citizens for Account of Means from the Federal Budget in 2012’ many non-state educational institutions have adequate access (based on competitions) to budgetary financing of the appropriate level for their educational programs.
Ключевые слова / Keywords:
education, financing, numbers, a task, a subsidy, competitions, an institution, non-state, an application, regulations.
GLOTOV S.A. Glotov S.A. – Head of the Department for Constitutional and Municipal Law of the Juridical Institute, Doctor of Law, Professor
The European Convention and European Human Rights Court in Law-Enforcement of the Russian Federation:Theoretical and Legal Issues
Страницы / Pages: 79-85
Аннотация / Annotation:
The article covers an analysis of a place and role of the European Convention of Human Rights Protection and European Human Rights Court in law-enforcement in the Russian Federation. A series of theoretical and legal issues of functioining of the Council of Europe is considered.
Ключевые слова / Keywords:
the European Convention, European Human Rights Court, law in the Council of Europe, a control mechanism of the Council of Europe, a reform of European Human Rights Court.
Аннотация / Annotation:
The article covers an analysis of a place and role of the European Convention of Human Rights Protection and European Human Rights Court in law-enforcement in the Russian Federation. A series of theoretical and legal issues of functioining of the Council of Europe is considered.
Ключевые слова / Keywords:
the European Convention, European Human Rights Court, law in the Council of Europe, a control mechanism of the Council of Europe, a reform of European Human Rights Court.
PERESADINA I.V. Peresadina I.V. – Teacher of the Department for Humane and Social Disciplines of Ural Juridical Institute of the Ministry of Internal Affairs of Russia
Specifics of Professional Legal Consciousness of Jurists
Страницы / Pages: 86-93
Аннотация / Annotation:
An author tries to show specifics of legal consciousness in jurisprudence. Charecteristics of structural elements of professional legal consciousness of jurists and their professional qualities are descibed in the article.
Ключевые слова / Keywords:
a right, a law, legal consciousness, a jurist, professional legal consciousness, juridical activity, juridical ethic, deformation of legal consciousness, deformation of professional legal consciousness of jurists.
Аннотация / Annotation:
An author tries to show specifics of legal consciousness in jurisprudence. Charecteristics of structural elements of professional legal consciousness of jurists and their professional qualities are descibed in the article.
Ключевые слова / Keywords:
a right, a law, legal consciousness, a jurist, professional legal consciousness, juridical activity, juridical ethic, deformation of legal consciousness, deformation of professional legal consciousness of jurists.
KARMANOV M.V. Karmanov M.V. – Head of The Department of Social and Economic Statistics of Moscow State University for Economics, Statistics and Computer Engineering, Doctor of Economics, Professor
ZAVRAZHIN M.V. Zavrazhin M.V. – Head of the Department of Philosophy and Humane Sciences, Moscow State University for Economics, Statistics and Computer Engineering, Doctor of History, Professor
STATISTICS AS AN INSTRUMENT OF ACHIEVMENT OF DEVELOPMENT OF A SOCIETY: PHILOSOPHY AND PRACTICE
Страницы / Pages: 94-105
Аннотация / Annotation:
Statistics is considered as a traditionally recognised and effective mean of searching directions for development of a society in this article. But because of a series of objective and subjective reasons statistics is not used for strategic and managerial decisions-making. Issues of using statistics in reasoning an optimum of development of a society are interesting from the point of view of practice.
Ключевые слова / Keywords:
statistics, an optimum of development optimal development of a society, statistics and optimum, statistical support of public development, statistics as an instrument of achievment of an optimum.
DISCUSSING A PROBLEMАннотация / Annotation:
Statistics is considered as a traditionally recognised and effective mean of searching directions for development of a society in this article. But because of a series of objective and subjective reasons statistics is not used for strategic and managerial decisions-making. Issues of using statistics in reasoning an optimum of development of a society are interesting from the point of view of practice.
Ключевые слова / Keywords:
statistics, an optimum of development optimal development of a society, statistics and optimum, statistical support of public development, statistics as an instrument of achievment of an optimum.
YAKUSHEV A.N. Yakushev A.N. – Head of the Department of Theory and History of State and Law of NOU VPO ‘International Innovative University’, Doctor of History, PhD in Legal and Pedagogic Sciences, Professor
MRYKHINA O.A. Mrykhina O.A. – Postgraduate Student of NOU VPO ‘International Innovative University’
Is Contents of a Thesis in Accordance with a Passport of a Scientific Speciality?
Страницы / Pages: 106-110
Аннотация / Annotation:
A problem of implementation of regulations of Statements of accordance of a thesis to a passport of a scientific speciality is shown in the article.
Ключевые слова / Keywords:
a thesis, a passport, a scientific speciality, reality, invention, a supreme attestation commission.
Аннотация / Annotation:
A problem of implementation of regulations of Statements of accordance of a thesis to a passport of a scientific speciality is shown in the article.
Ключевые слова / Keywords:
a thesis, a passport, a scientific speciality, reality, invention, a supreme attestation commission.
KRASINSKIY V.V. Krasinskiy V.V. – Member of Public Consulting Scientific and Methodical Council, under the Central Electoral Committee of Russia, Doctor of Law
International and Legal Fundamentals of Fighting Against Party and Electoral Corruption in CIS Countries
Страницы / Pages: 111-121
Аннотация / Annotation:
International legal fundamentals of fighting against party and electoral corruption in CIS countries are analyzed in the article. The author investigates international anti-corruption standards of UN, the Council of Europe, OBSE, CIS and shows their value for fighting against corruption in elections.
Ключевые слова / Keywords:
international partnership in fighting against corruption, international anti-corruption standards, fighting against corruption, party corruption, electoral corruption.
Аннотация / Annotation:
International legal fundamentals of fighting against party and electoral corruption in CIS countries are analyzed in the article. The author investigates international anti-corruption standards of UN, the Council of Europe, OBSE, CIS and shows their value for fighting against corruption in elections.
Ключевые слова / Keywords:
international partnership in fighting against corruption, international anti-corruption standards, fighting against corruption, party corruption, electoral corruption.
SAZONOV V.E. Sazonov V.E. – Head of the Lawyers Chamber ‘Sazonov, Marking and Co.’, Member of the Expert Council of the Committee of the State Duma on Issues of Property, PhD in Law
A System of Mexican Legislation in State and Private Partnership
Страницы / Pages: 122-128
Аннотация / Annotation:
The article covers an analysis of the legislation of Mexico on state and private partnership.
Ключевые слова / Keywords:
state and private partnership, state administration, public interests, Mexico.
Аннотация / Annotation:
The article covers an analysis of the legislation of Mexico on state and private partnership.
Ключевые слова / Keywords:
state and private partnership, state administration, public interests, Mexico.
KRYLOV E.Z. Krylov E.Z. – PhD in Technical Sciences
An Analysis of Effectiveness of a Right to Housing
Страницы / Pages: 129-134
Аннотация / Annotation:
Practical application pf elementary determination of effectiveness in jurisprudence is considered in the article. A concept ‘legislative effectiveness’ is proposed; standard separation of parameters of effectiveness and assessment of a real parameter of legislative effectiveness is given. Dependences of a parameter of effectiveness of a right of housing on a degree of practical implementation of each statement are represented in a graphic form.
Ключевые слова / Keywords:
legislative effectiveness, parameters, an assessment, a right of housing, a right for education.
Аннотация / Annotation:
Practical application pf elementary determination of effectiveness in jurisprudence is considered in the article. A concept ‘legislative effectiveness’ is proposed; standard separation of parameters of effectiveness and assessment of a real parameter of legislative effectiveness is given. Dependences of a parameter of effectiveness of a right of housing on a degree of practical implementation of each statement are represented in a graphic form.
Ключевые слова / Keywords:
legislative effectiveness, parameters, an assessment, a right of housing, a right for education.
FEDOROV A.YU. Fedorov A.Yu. – Director of the Department of Improvement of Activities of OVD of Ural Juridical Univeristy of the Ministry of Internal Affairs of Russia, PhD in Law
Optimization of a Mechanism of Criminal and Legal Effect on Legal Entities
Страницы / Pages: 135-139
Аннотация / Annotation:
The article covers a problem of criminal and legal effect on legal entities. A necessity of inclusion of this institution into Russian criminal legislation is described; foreign experience is considered.
Ключевые слова / Keywords:
a crime, a legal entity, responsibility, a criminal code.
Аннотация / Annotation:
The article covers a problem of criminal and legal effect on legal entities. A necessity of inclusion of this institution into Russian criminal legislation is described; foreign experience is considered.
Ключевые слова / Keywords:
a crime, a legal entity, responsibility, a criminal code.
YASHIN A.V. Yashin A.V. – Associate Professor of the Department for Criminal Law and Procedures of Penza Branch of NOU VPO ‘Academy of MNEPU’, PhD in Law
Moral and Cultural Disadvantages of a Society as One of Problems of Prevention Crimes against Particvipants of Criminal Justice
Страницы / Pages: 140-146
Аннотация / Annotation:
Issues of prevention crimes against participants of a criminal justice are investigated in the article. The author concludes that one of problems of prevention these crimes is moral and cultural disadvantages of a society. Great attention should be paid to increasing a level of legal culture of citizens in order to develop positive relation not onbly to law, but also to fellow citizens.
Ключевые слова / Keywords:
participants of criminal justice, moral and cultural disadvantages, prevention of crimes, legal culture, public opinion.
PAGES OF HISTORYАннотация / Annotation:
Issues of prevention crimes against participants of a criminal justice are investigated in the article. The author concludes that one of problems of prevention these crimes is moral and cultural disadvantages of a society. Great attention should be paid to increasing a level of legal culture of citizens in order to develop positive relation not onbly to law, but also to fellow citizens.
Ключевые слова / Keywords:
participants of criminal justice, moral and cultural disadvantages, prevention of crimes, legal culture, public opinion.
SULIMOV V.S. Sulimov V.S. – Associate Professor of the Department of Law and Methods of Teaching of Natural Sciences in Tobolsk State Social and Pedagogic Academy in the name of D.I.Mendeleev, PhD in History
A VALUE OF ESCHEATED PROPERTY FOR EDUCATIONAL INSTITUTIONS IN TOBOLSK REGION IN THE END OF 19TH CENTURY
Страницы / Pages: 147-152
Аннотация / Annotation:
The article covers issues of using an escheated property in building educational institutions of the Ministry of Public Enlightenment in the end of 19th century. Application of regulatory norms of inheritance law in pre-revolutionary Russia in Tobolsk secondary school for boys is considered.
Ключевые слова / Keywords:
escheated property, a decedent, absense of heirs, an educational institution, a secondary school for boys, getting inheritance, officers of an educational department.
Аннотация / Annotation:
The article covers issues of using an escheated property in building educational institutions of the Ministry of Public Enlightenment in the end of 19th century. Application of regulatory norms of inheritance law in pre-revolutionary Russia in Tobolsk secondary school for boys is considered.
Ключевые слова / Keywords:
escheated property, a decedent, absense of heirs, an educational institution, a secondary school for boys, getting inheritance, officers of an educational department.
SARDARYAN K.G. Sardaryan K.G. – Dean of the Faculty of Law of Russian-Armenian University (Yerevan), PhD in Law, Associate Professor
STATE AND LEGAL VIEWS BY MKHTIAR GOSH
Страницы / Pages: 153-160
Аннотация / Annotation:
Political and legal views of the famous Armenian philosopher of 16th century Mkhtiar Gosh are considered in the article.
Ключевые слова / Keywords:
a natural law, a state, a law, a ratio between spiritual and state power, a monarchy, principles of criminal law.
Аннотация / Annotation:
Political and legal views of the famous Armenian philosopher of 16th century Mkhtiar Gosh are considered in the article.
Ключевые слова / Keywords:
a natural law, a state, a law, a ratio between spiritual and state power, a monarchy, principles of criminal law.
PROKOFIEVA N.P. Prokofieva N.P. – Applicant of Ulyanovsk State Pedagogic University in the name of I.N.Ulyanov
An Analysis of Changes in Forms of Land Holding in 1900-1914 (in Simbirsk District)
Страницы / Pages: 161-164
Аннотация / Annotation:
A ratio between various forms of land holding in Simbirsk district in 1900-1914 is analyzed in the article; specifics of a region in a system of agrarian system of Russia in the beginning of 20th century are shown.
Ключевые слова / Keywords:
Simbirsk district, main estates, private landholding, farm houshold, treasury, a lot, a tithe.
A SCIENTIFIC DEBUTАннотация / Annotation:
A ratio between various forms of land holding in Simbirsk district in 1900-1914 is analyzed in the article; specifics of a region in a system of agrarian system of Russia in the beginning of 20th century are shown.
Ключевые слова / Keywords:
Simbirsk district, main estates, private landholding, farm houshold, treasury, a lot, a tithe.
FATKHULLIN R.O. Fatkhullin R.O. – Postgraduate Student of Moscow State University of Trasnportation
Responsibility of a Head Office of TNK: a Problem of Identification of an Applied Law
Страницы / Pages: 165-170
Аннотация / Annotation:
Approaches to identification of law exisitng in international private law applied in a case of allocation of responsibility of a head office of a transnational company are analyzed in the article. Practicability of usage of a concept ‘the best law’ is reasoned.
Ключевые слова / Keywords:
a transnational corporation, responsibility, a head office, an applied law.
Аннотация / Annotation:
Approaches to identification of law exisitng in international private law applied in a case of allocation of responsibility of a head office of a transnational company are analyzed in the article. Practicability of usage of a concept ‘the best law’ is reasoned.
Ключевые слова / Keywords:
a transnational corporation, responsibility, a head office, an applied law.
PONKINA A.I. Ponkina A.I. – Master Degree Student of the Department of International Law of the Juridical Faculty of the Russian University for Peoples’ Friendship
Specifics of the Legislation of Sport and State Management in Moscow
Страницы / Pages: 171-176
Аннотация / Annotation:
The article covers specifics of legal regulation of sport in Mexico. The system of legislation of sport in this country, main laws and regulations are investigated.
Ключевые слова / Keywords:
sport law, legislation of sport, Mexico, sport.
Аннотация / Annotation:
The article covers specifics of legal regulation of sport in Mexico. The system of legislation of sport in this country, main laws and regulations are investigated.
Ключевые слова / Keywords:
sport law, legislation of sport, Mexico, sport.
LANTSEVICH M.YU. Lantsevich M.Yu. – Expert of the Department for Economic Security of Commercial and Industrial Chamber of the Russian Federation
Organizational and Legal Aspects of Resocialization of Prisoners
Страницы / Pages: 177-182
Аннотация / Annotation:
Organizational and legal aspects of resocialization of prisoners are considered in the article; a role of universal international acts in a field of protection of rights and freedoms of a human being in execution of a sentense and assisting in resocialization is shown. Great attention is paid to a research of rights of prisoners for labor and public things and other forms of social assistance.
Ключевые слова / Keywords:
a criminal and executive system, resocialization, principles and regulations, human rights, main freedoms.
Аннотация / Annotation:
Organizational and legal aspects of resocialization of prisoners are considered in the article; a role of universal international acts in a field of protection of rights and freedoms of a human being in execution of a sentense and assisting in resocialization is shown. Great attention is paid to a research of rights of prisoners for labor and public things and other forms of social assistance.
Ключевые слова / Keywords:
a criminal and executive system, resocialization, principles and regulations, human rights, main freedoms.