Право и образование
№ 07 • 2014
EDUCATIONAL LAW
KOCHERGA S. Kocherga S. – Ph.D., Vice-Rector for Quality, Personnel and Legal Provision Department, Professor of Department of Information Law MESI
Education as a social and legal phenomenon
Страницы / Pages: 4-11
Аннотация / Annotation:
The article is devoted to the educational phenomenon research for nowadays. Doctrinal and legislative approaches to the content of education and term of “Education” are considered.
Ключевые слова / Keywords:
education, the education system, legislation, legislation on education, the quality of educational services.
Аннотация / Annotation:
The article is devoted to the educational phenomenon research for nowadays. Doctrinal and legislative approaches to the content of education and term of “Education” are considered.
Ключевые слова / Keywords:
education, the education system, legislation, legislation on education, the quality of educational services.
MOROZOVA S.A. Morozova S.A. – candidate of pedagogical sciences, professor of chair of the theory of the right-civil formation of the Russian state pedagogical university of A.I. Herzen (St. Petersburg).
Problems of legal regulation of documents on education of an appropriate level
Страницы / Pages: 12-20
Аннотация / Annotation:
Article deals with the problems of legal regulation of documents on education of the appropriate level, connected with possibility of illegal acts with these documents, the option of a normative definition of the concept “documents on education of an appropriate level” is offered. The author analyzes standards of the new law on education in the Russian Federation for the purpose of improvement of their preventive character in the sphere of a turn of documents on education.
Ключевые слова / Keywords:
documents on education of an appropriate level, documents on education and (or) on qualification, documents on training, crime conditions in the sphere of a turn of documents on education, false documents, the organization which is carrying out educational activity, the educational organization which is carrying out training.
Аннотация / Annotation:
Article deals with the problems of legal regulation of documents on education of the appropriate level, connected with possibility of illegal acts with these documents, the option of a normative definition of the concept “documents on education of an appropriate level” is offered. The author analyzes standards of the new law on education in the Russian Federation for the purpose of improvement of their preventive character in the sphere of a turn of documents on education.
Ключевые слова / Keywords:
documents on education of an appropriate level, documents on education and (or) on qualification, documents on training, crime conditions in the sphere of a turn of documents on education, false documents, the organization which is carrying out educational activity, the educational organization which is carrying out training.
NAZAROVA I.V. Nazarova I.V. – head of the Department of Theory and History of State and Law of the Balashov branch of Russian Presidential Academy of National Economy and Public Administration, PhD.
REFLECTION OF CERTAIN SCIENTIFIC APPROACHES TO SELF-IDENTITY IN THE NEW EDUCATION ACT
Страницы / Pages: 21-26
Аннотация / Annotation:
In the paper we study the problem of reflection of some scientific philosophical approaches to self-identity in the New Federal Law «On Education in the Russian Federation». The author analyzes the views of scientists on the process of self-development and their legal consolidation in the new law that provides new opportunities for individual self-improvement.
Ключевые слова / Keywords:
law, education, self-development, person, self-improvement, individual trajectories.
Аннотация / Annotation:
In the paper we study the problem of reflection of some scientific philosophical approaches to self-identity in the New Federal Law «On Education in the Russian Federation». The author analyzes the views of scientists on the process of self-development and their legal consolidation in the new law that provides new opportunities for individual self-improvement.
Ключевые слова / Keywords:
law, education, self-development, person, self-improvement, individual trajectories.
SALIY I.S. Saliy I.S. – a graduate student
The essence of pedagogical expertise of draft legal acts and regulatory acts relating to issues of training and education
Страницы / Pages: 27-34
Аннотация / Annotation:
The article highlights questions about the pedagogical expertise of legal acts relating to issues of training and education , as well as their projects , which is new to modern legislation regulating legal education and public institutions. An attempt to define the essence of such an examination , as well as the necessity of improving the order for its conduct .
Ключевые слова / Keywords:
nature, pedagogical expertise, regulations, training and education issues.
Аннотация / Annotation:
The article highlights questions about the pedagogical expertise of legal acts relating to issues of training and education , as well as their projects , which is new to modern legislation regulating legal education and public institutions. An attempt to define the essence of such an examination , as well as the necessity of improving the order for its conduct .
Ключевые слова / Keywords:
nature, pedagogical expertise, regulations, training and education issues.
MAKLETSOV S.V.
Makletsov S.V.
–
STARSHINOVA T.A. Starshinova T.A. – Ph.D, associate professor
E-Learning as a means of implementation of an integrative approach UNDER the new law on education
Страницы / Pages: 35-40
Аннотация / Annotation:
In this paper we have examined the reasons, causing the need for e-learning in the educational process in conformity with existing law “On Education in the Russian Federation” and the federal state educational standards . In addition, in this paper we investigated the possibility of using electronic technology, as a means to implement mechanisms of integration in education. We also showed the possibility of using e-learning for the formation of bachelor’s professional competence.
Ключевые слова / Keywords:
e-learning; law “On Education in the Russian Federation”; federal state educational standards; integrative approach; professional competence.
Аннотация / Annotation:
In this paper we have examined the reasons, causing the need for e-learning in the educational process in conformity with existing law “On Education in the Russian Federation” and the federal state educational standards . In addition, in this paper we investigated the possibility of using electronic technology, as a means to implement mechanisms of integration in education. We also showed the possibility of using e-learning for the formation of bachelor’s professional competence.
Ключевые слова / Keywords:
e-learning; law “On Education in the Russian Federation”; federal state educational standards; integrative approach; professional competence.
SARANCHUK YU.M. Saranchuk Yu.M. – candidat in Law
Administrative-law regulation in the field of training for non-state security structures
Страницы / Pages: 41-46
Аннотация / Annotation:
The article examines the current state and prospects of development of educational activities in the field of training for non-governmental security. The analysis of training and development of private security guards, private investigators and private security organizations. The main functions of control (supervision) in the study area considered. The sentence for middle managers of private security organizations formulated.
Ключевые слова / Keywords:
non-state security structures, private educational institution, licensing educational activity, state control (supervision) in the field of training for security and detective agencies.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article examines the current state and prospects of development of educational activities in the field of training for non-governmental security. The analysis of training and development of private security guards, private investigators and private security organizations. The main functions of control (supervision) in the study area considered. The sentence for middle managers of private security organizations formulated.
Ключевые слова / Keywords:
non-state security structures, private educational institution, licensing educational activity, state control (supervision) in the field of training for security and detective agencies.
NOVIKOVA E.YU. Novikova E.Yu. – doctor of sciences (Philosophy), professor
Страницы / Pages: 47-55
Аннотация / Annotation:
The article is devoted to the study of humanitarian potential of economic disciplines. Economic disciplines relay the image of man, his motives and interests, culture and desired standards of behaviour. The necessity of consideration in the process of formation of economic concepts that are not reducible to the neo-liberal paradigm and based on a wide range of humanistic values.
Ключевые слова / Keywords:
economic theory, people, motives, values, culture, education.
Аннотация / Annotation:
The article is devoted to the study of humanitarian potential of economic disciplines. Economic disciplines relay the image of man, his motives and interests, culture and desired standards of behaviour. The necessity of consideration in the process of formation of economic concepts that are not reducible to the neo-liberal paradigm and based on a wide range of humanistic values.
Ключевые слова / Keywords:
economic theory, people, motives, values, culture, education.
SOLOVYEV A.A. Solovyev A.A. – federal judge, chairman of judicial bench of the Commercial Tribunal of Moscow Region, doctor of science (Law), professor, Kutafin Moscow State Law University
The Supreme Council of Magistrature of France and Its Legal Status
Страницы / Pages: 56-71
Аннотация / Annotation:
The author examines key features of the legal status of the Supreme Council of Magistrature of French Republic. The article includes a survey of related normative acts, as well as the analysis of constitutional status of the Supreme Council of Magistrature, organizational structure and ways of adopting new members to this body. The author also points out main rights and duties of its members, competence and specific characteristic features of the Council work.
Ключевые слова / Keywords:
foreign practice, judicial system, Supreme Council of Magistrature of French Republic, magistrature, judges, prosecutors.
Аннотация / Annotation:
The author examines key features of the legal status of the Supreme Council of Magistrature of French Republic. The article includes a survey of related normative acts, as well as the analysis of constitutional status of the Supreme Council of Magistrature, organizational structure and ways of adopting new members to this body. The author also points out main rights and duties of its members, competence and specific characteristic features of the Council work.
Ключевые слова / Keywords:
foreign practice, judicial system, Supreme Council of Magistrature of French Republic, magistrature, judges, prosecutors.
KABANOV V.L. Kabanov V.L. – PhD (pedagogical science)
JUVENILE AGE AND ITS CHARACTERISTICS In modern Russian legislation
Страницы / Pages: 72-79
Аннотация / Annotation:
This article is dedicated to pressing, underexplored, debating issues on age-related typology of children, adolescents, young and its record in the modern Russian legislation, in determining the subject, peculiarities in legal standing of young people in different areas of the law .
Ключевые слова / Keywords:
juvenile age, limits of juvenile age, under age, minor children, teenagers, young people, young workers, adulthood.
Аннотация / Annotation:
This article is dedicated to pressing, underexplored, debating issues on age-related typology of children, adolescents, young and its record in the modern Russian legislation, in determining the subject, peculiarities in legal standing of young people in different areas of the law .
Ключевые слова / Keywords:
juvenile age, limits of juvenile age, under age, minor children, teenagers, young people, young workers, adulthood.
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
PONKINA A.A. Ponkina A.A. – Ph.D. (Law)
Bioethics as a science and as a lex biomedica
Страницы / Pages: 80-93
Аннотация / Annotation:
The article investigates the meaning of the concept and importance of bioethics. Shows the history of the genesis of bioethics. The authors provided their definition of «bioethics» and describe the subject-object area of bioethics. The article investigates bioethics as science and as a system of regulatory statutes (lex biomedica).
Ключевые слова / Keywords:
bioethics, medical ethics, patients’ rights, biomedical research, medical law, lex biomedica.
SCIENTIFIC MESSAGESАннотация / Annotation:
The article investigates the meaning of the concept and importance of bioethics. Shows the history of the genesis of bioethics. The authors provided their definition of «bioethics» and describe the subject-object area of bioethics. The article investigates bioethics as science and as a system of regulatory statutes (lex biomedica).
Ключевые слова / Keywords:
bioethics, medical ethics, patients’ rights, biomedical research, medical law, lex biomedica.
SINELNIKOVA V.N. Sinelnikova V.N. – doctor of jurisprudence, professor
Purpose and principles of implementation and registration of the rights for property
Страницы / Pages: 94-107
Аннотация / Annotation:
Article is devoted to the analysis of changes of the civil legislation regarding registration of the rights for property. The author made an attempt to reveal new legal aspects of the purpose and the principles of registration of the rights for property, and also to give the short characteristic to prospects of efficiency of the short stories which have come into force of the Civil Code of the Russian Federation and other laws. Conclusions and the offers formulated in the present article, can be used when lecturing, holding seminars, and also workshops on subjects: “The bases of emergence, change or the property right termination”, “Features of transactions with real estate and transition of the rights to it”.
Ключевые слова / Keywords:
rights for property, registration of the rights, real estate, transactions with real estate.
Аннотация / Annotation:
Article is devoted to the analysis of changes of the civil legislation regarding registration of the rights for property. The author made an attempt to reveal new legal aspects of the purpose and the principles of registration of the rights for property, and also to give the short characteristic to prospects of efficiency of the short stories which have come into force of the Civil Code of the Russian Federation and other laws. Conclusions and the offers formulated in the present article, can be used when lecturing, holding seminars, and also workshops on subjects: “The bases of emergence, change or the property right termination”, “Features of transactions with real estate and transition of the rights to it”.
Ключевые слова / Keywords:
rights for property, registration of the rights, real estate, transactions with real estate.
ZELENOV Y.N. Zelenov Y.N. – PhD (Pedagogic), Deputy Head, Russia MI National Research Institute
Pedagogical aspects of personality structure of young extremists
Страницы / Pages: 108-113
Аннотация / Annotation:
In the article the author considers principal elements of personality structure of young people, having extremist views. Also some problems of using this knowledge in correction and education of young extremists are explored.
Ключевые слова / Keywords:
young people, extremist views, personality direction, correction and education.
Аннотация / Annotation:
In the article the author considers principal elements of personality structure of young people, having extremist views. Also some problems of using this knowledge in correction and education of young extremists are explored.
Ключевые слова / Keywords:
young people, extremist views, personality direction, correction and education.
LAKHTINA T.A. Lakhtina T.A. – candidate of legal sciences, senior lecturer of chair administrative law at Moscow University of the Ministry of Internal Affairs of Russian Federation
Legal analysis of category «authority»
Страницы / Pages: 114-119
Аннотация / Annotation:
The article is devoted to the legal analysis of the category «authority» as the legal, socio-cultural and socio-political phenomenon. A close relationship with the categories of «state authority», «volition» allows to characterize the content of this category. Category «authority» is the system for a range of Sciences, but the fundamental idea of the power it gives legal science, as in power relations laid the basic algorithm to the existence of society. The article also examines the main aspects of the origin of the authority, including the state authority.
Ключевые слова / Keywords:
authority, right, volition, leader, hierarchy, violence, state, aggression, legitimation, concept.
Аннотация / Annotation:
The article is devoted to the legal analysis of the category «authority» as the legal, socio-cultural and socio-political phenomenon. A close relationship with the categories of «state authority», «volition» allows to characterize the content of this category. Category «authority» is the system for a range of Sciences, but the fundamental idea of the power it gives legal science, as in power relations laid the basic algorithm to the existence of society. The article also examines the main aspects of the origin of the authority, including the state authority.
Ключевые слова / Keywords:
authority, right, volition, leader, hierarchy, violence, state, aggression, legitimation, concept.
VASILCHENKO A.A. Vasilchenko A.A. – candidate of jurisprudence, docent
SOME PROBLEMS OF THE CRIMINAL LAW RULE STRUCTURE DEFINITION IN SCIENTIFIC AND EDUCATIONAL LITERATURE
Страницы / Pages: 120-125
Аннотация / Annotation:
The article is dedicated to analysis main modern scientific beliefs about criminal law rule structure in scientific and educational literature.
Ключевые слова / Keywords:
PAGES OF HISTORYАннотация / Annotation:
The article is dedicated to analysis main modern scientific beliefs about criminal law rule structure in scientific and educational literature.
Ключевые слова / Keywords:
KOLEMASOV V.N. Kolemasov V.N. – PhD in History, associate Professor
Criminal procedure in Russia in the 1917–1928
Страницы / Pages: 126-137
Аннотация / Annotation:
The foundation of the criminal process in Russia was laid class approach. In the first phase the formation of the criminal procedural legislation was passing on the basis of the lawmaking of revolutionary masses. After the victory in the civil war and transition to civilian life conceptual approaches to criminal proceedings have changed. In the basis of the criminal procedure law was laid the principle of socialist legality. State transition to new economic policy called judicial reform in 1922 and the codification of the criminal procedural law.
Ключевые слова / Keywords:
criminal procedure, criminal procedure code, court, revolutionary tribunal, prosecutors, crime, law.
Аннотация / Annotation:
The foundation of the criminal process in Russia was laid class approach. In the first phase the formation of the criminal procedural legislation was passing on the basis of the lawmaking of revolutionary masses. After the victory in the civil war and transition to civilian life conceptual approaches to criminal proceedings have changed. In the basis of the criminal procedure law was laid the principle of socialist legality. State transition to new economic policy called judicial reform in 1922 and the codification of the criminal procedural law.
Ключевые слова / Keywords:
criminal procedure, criminal procedure code, court, revolutionary tribunal, prosecutors, crime, law.
ALEXEEV V.I. Alexeev V.I. – Ph.D
Methodological aspects of the interaction of criminal punishment and penal measures and pedagogical impact on prisoners (1879–1917 yy.)
Страницы / Pages: 138-147
Аннотация / Annotation:
This article analyzes the interaction functions with the functions of punishment penal- pedagogical influence. Their compatibility is the foundation of social and integrative role of the criminal penal law to ensure the objectives of criminal punishment.
Ключевые слова / Keywords:
regulatory and enforcement functions, court, criminal penalties, law enforcement, law-making, the implementation of law, prison policy, legal and moral correction, the purpose of criminal punishment, criminal law punishment, systematic and logical way of knowing.
SCIENTIFIC DEBUTАннотация / Annotation:
This article analyzes the interaction functions with the functions of punishment penal- pedagogical influence. Their compatibility is the foundation of social and integrative role of the criminal penal law to ensure the objectives of criminal punishment.
Ключевые слова / Keywords:
regulatory and enforcement functions, court, criminal penalties, law enforcement, law-making, the implementation of law, prison policy, legal and moral correction, the purpose of criminal punishment, criminal law punishment, systematic and logical way of knowing.
ANDREEV K.M. Andreev K.M. – lawyer of the Moscow Bar Association «Protection»
Guarantees of protection of the religious secrets and the limits of this protection: constitutional-legal opinion
Страницы / Pages: 148-157
Аннотация / Annotation:
The article investigates the guarantees of recognition, compliance and protection of religious secrets – as the most important constitutional guarantees of religious freedom. The author discusses the question of the limits of recognition and protection of religious secrets.
Ключевые слова / Keywords:
religious freedom, religion, church-state relations, constitutional rights and freedoms, religious secret, secret of confession, professional secrecy, personal privacy, family secrets.
Аннотация / Annotation:
The article investigates the guarantees of recognition, compliance and protection of religious secrets – as the most important constitutional guarantees of religious freedom. The author discusses the question of the limits of recognition and protection of religious secrets.
Ключевые слова / Keywords:
religious freedom, religion, church-state relations, constitutional rights and freedoms, religious secret, secret of confession, professional secrecy, personal privacy, family secrets.
CHERNOGOR J.V.
Chernogor J.V.
–
Monitoring of the state and municipal programs of the Moscow-Russian region in the formation of healthy lifestyle of pupils and students
Страницы / Pages: 158-166
Аннотация / Annotation:
The article presents the results of the monitoring of the state and municipalities programs in the Moscow region on formation of a healthy way of life of pupils and students, given their legal and pedagogical chemical analysis, a model family of sports and health clubs scale health as a means of forming a healthy lifestyle raised-workers and students.
Ключевые слова / Keywords:
health, healthy lifestyle, students, pupils, the state program, the municipal program, family fitness health club.
Аннотация / Annotation:
The article presents the results of the monitoring of the state and municipalities programs in the Moscow region on formation of a healthy way of life of pupils and students, given their legal and pedagogical chemical analysis, a model family of sports and health clubs scale health as a means of forming a healthy lifestyle raised-workers and students.
Ключевые слова / Keywords:
health, healthy lifestyle, students, pupils, the state program, the municipal program, family fitness health club.
VOSTROKNUTOV V.A.
Vostroknutov V.A.
–
Mythological element of the concepts of origin of state and law
Страницы / Pages: 167-172
Аннотация / Annotation:
In the article the mythological basis of the concepts of the origin of state and right are investigated, value and special features of myths about the origin of state and right in the juridical theory are revealed. The possibility of demythologization of these concepts and the functional component of the mythological concepts of the origin of state and right is found out.
Ключевые слова / Keywords:
concepts of the origin of the state, concepts of the origin of law, sense of justice, myth, legal myth, legal mythology, a state, law.
Аннотация / Annotation:
In the article the mythological basis of the concepts of the origin of state and right are investigated, value and special features of myths about the origin of state and right in the juridical theory are revealed. The possibility of demythologization of these concepts and the functional component of the mythological concepts of the origin of state and right is found out.
Ключевые слова / Keywords:
concepts of the origin of the state, concepts of the origin of law, sense of justice, myth, legal myth, legal mythology, a state, law.