Право и образование
№ 07 • 2016
A THEORY OF LAW
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
Defects of legal regulation
Страницы / Pages: 4-15
Аннотация / Annotation:
The article is devoted to the concept of the defect of legal regulation. The article examines the essential features, views, nature, causes and features of legal regulation of defects. In the article examines the defects of legal norms, defects of normative legal act, defects of legal regulation of a certain sphere of social relations or of a particular set of activities, defects of the legal system or defects in its structural parts. The author examines the concept of the legal gap.
Ключевые слова / Keywords:
legal regulation defect, legal technicality, defective normative legal act, defective rule of law, legal gap, deviantology of public administration.
Аннотация / Annotation:
The article is devoted to the concept of the defect of legal regulation. The article examines the essential features, views, nature, causes and features of legal regulation of defects. In the article examines the defects of legal norms, defects of normative legal act, defects of legal regulation of a certain sphere of social relations or of a particular set of activities, defects of the legal system or defects in its structural parts. The author examines the concept of the legal gap.
Ключевые слова / Keywords:
legal regulation defect, legal technicality, defective normative legal act, defective rule of law, legal gap, deviantology of public administration.
NOSKOV Y.G. Noskov Y.G. – doctor of philosophical Sciences, Professor
Legal ethics and jurisprudence
Страницы / Pages: 16-23
Аннотация / Annotation:
The article defines the place of legal tics, which she has held in the professional training of lawyers before the revolution of 1917 and the necessity of increasing its role in training lawyers and, in particular, judges in contemporary Russia.
Ключевые слова / Keywords:
value of knowledge and morals in the training of specialists, special requirements for moral character of lawyers, standards of morality of the judge.
Аннотация / Annotation:
The article defines the place of legal tics, which she has held in the professional training of lawyers before the revolution of 1917 and the necessity of increasing its role in training lawyers and, in particular, judges in contemporary Russia.
Ключевые слова / Keywords:
value of knowledge and morals in the training of specialists, special requirements for moral character of lawyers, standards of morality of the judge.
DUBININA E.N. Dubinina E.N. – PhD (Law)
Theyuridization and political relations: interaction problems
Страницы / Pages: 24-31
Аннотация / Annotation:
In the present article the question of character of various forms of influence of the state on the political relations is considered. The thesis that the carried-out by means of the right, state impact on the political sphere is process, quite natural, though ambiguous on the characteristic and consequences, locates. Also in work the analysis of the purposes of the legal right and policy, methods of their impact on society and the state is carried out. In addition in work the question of nature of legalization and opportunities of legitimation of political decisions is opened.
Ключевые слова / Keywords:
law, policy, essence of policy, state influence, power, political relations, public interest, legitimacy, yuridization.
EDUCATIONAL LAWАннотация / Annotation:
In the present article the question of character of various forms of influence of the state on the political relations is considered. The thesis that the carried-out by means of the right, state impact on the political sphere is process, quite natural, though ambiguous on the characteristic and consequences, locates. Also in work the analysis of the purposes of the legal right and policy, methods of their impact on society and the state is carried out. In addition in work the question of nature of legalization and opportunities of legitimation of political decisions is opened.
Ключевые слова / Keywords:
law, policy, essence of policy, state influence, power, political relations, public interest, legitimacy, yuridization.
URAZBAEV R.SH.
Urazbaev R.Sh.
–
OSIPOV P.N. Osipov P.N. – Doctor of Education, Full Professor
Legal regulation of international networking in education
Страницы / Pages: 32-38
Аннотация / Annotation:
The authors analyze the Law on Education in the Russian Federation and practice of international cooperation of universities. As a result they offer to substitute the term ‘networking form of running the academic programs’ with ‘academic networking’ and prescribe the main principles of such form of cooperation. At the same time the authors think it is reasonable to let the academic institutions consider the main mechanisms and the content of such interaction.
Ключевые слова / Keywords:
law on education, international cooperation, internationalization, networking.
Аннотация / Annotation:
The authors analyze the Law on Education in the Russian Federation and practice of international cooperation of universities. As a result they offer to substitute the term ‘networking form of running the academic programs’ with ‘academic networking’ and prescribe the main principles of such form of cooperation. At the same time the authors think it is reasonable to let the academic institutions consider the main mechanisms and the content of such interaction.
Ключевые слова / Keywords:
law on education, international cooperation, internationalization, networking.
DEMIDYUK V.A. Demidyuk V.A. – PhD in Law, Associate Professor
The legal regime of internal management of Federal State Budgetary Educational Institution of Higher Professional Education as part of their legal status
Страницы / Pages: 39-48
Аннотация / Annotation:
The article examines various points of view of scientists concerning the specifics of the legal status and legal regime of the internal management of FSBEI HPE; the circle of persons attributable to the administration and its difference from the management are considered in the article. It shows the scope of authority of FSBEI HPE administration and its structural divisions. It examines different points of view of several authors on the administrative-legal contract. The functions of the administration of FSBEI HPE and their role in internal control are considered in the article. The author criticizes points of view of scientists on the conditions and timing of the provision of educational services, as well as he denies the right to education as an independent branch of law.
Ключевые слова / Keywords:
legal regime of internal management, legal status, legal status of FSBEI HPE, administration of FSBEI HPE, management of FSBEI HPE, competence of administration, legal-administrative contracts, structural divisions of FSBEI HPE.
Аннотация / Annotation:
The article examines various points of view of scientists concerning the specifics of the legal status and legal regime of the internal management of FSBEI HPE; the circle of persons attributable to the administration and its difference from the management are considered in the article. It shows the scope of authority of FSBEI HPE administration and its structural divisions. It examines different points of view of several authors on the administrative-legal contract. The functions of the administration of FSBEI HPE and their role in internal control are considered in the article. The author criticizes points of view of scientists on the conditions and timing of the provision of educational services, as well as he denies the right to education as an independent branch of law.
Ключевые слова / Keywords:
legal regime of internal management, legal status, legal status of FSBEI HPE, administration of FSBEI HPE, management of FSBEI HPE, competence of administration, legal-administrative contracts, structural divisions of FSBEI HPE.
GARTSEVA Y.E.
Gartseva Y.E.
–
Features of the right of operative management of property educational institutions
Страницы / Pages: 49-55
Аннотация / Annotation:
The article discusses the features of the right of operative management of educational institutions property associated with the ambiguous approach enshrined in the Federal Law on Education of the Russian Federation, the concept of «independent disposition of property». The various points of view on the nature of independent disposition of property of educational institutions. The conclusion about the impossibility of the existence of independent disposition of property institutions separately from the operational property management.
Ключевые слова / Keywords:
right of operative management; educational institutions; property of institution; independent disposition of property.
Аннотация / Annotation:
The article discusses the features of the right of operative management of educational institutions property associated with the ambiguous approach enshrined in the Federal Law on Education of the Russian Federation, the concept of «independent disposition of property». The various points of view on the nature of independent disposition of property of educational institutions. The conclusion about the impossibility of the existence of independent disposition of property institutions separately from the operational property management.
Ключевые слова / Keywords:
right of operative management; educational institutions; property of institution; independent disposition of property.
OSIPOV M.Y. Osipov M.Y. – PhD
On some problems of legal regulation of the network implementation of educational programs
Страницы / Pages: 56-62
Аннотация / Annotation:
The problem of legal regulation of the network organization of educational programs is one of the most pressing problems facing the modern legal science. In the present article, the reader analyzes the main features and the problematic aspects of the network implementation of educational programs. The conclusion is that the network implementation of educational programs in educational institutions of higher education there are many problems associated with the organization of this kind of training. A number of measures aimed at improving the legal regulation of the network implementation of educational programs, including programs with international participation
Ключевые слова / Keywords:
legal regulation, network form, the implementation of educational programs, international cooperation, competition law, education law.
MODERN EDUCATIONАннотация / Annotation:
The problem of legal regulation of the network organization of educational programs is one of the most pressing problems facing the modern legal science. In the present article, the reader analyzes the main features and the problematic aspects of the network implementation of educational programs. The conclusion is that the network implementation of educational programs in educational institutions of higher education there are many problems associated with the organization of this kind of training. A number of measures aimed at improving the legal regulation of the network implementation of educational programs, including programs with international participation
Ключевые слова / Keywords:
legal regulation, network form, the implementation of educational programs, international cooperation, competition law, education law.
SALIMGAREEV M.V. Salimgareev M.V. – candidate of historical Sciences
SUSLOV A.YU. Suslov A.Yu. – doctor of law
Systemic-holistic approach in higher education: problems of theory and methodology
Страницы / Pages: 63-69
Аннотация / Annotation:
Covers the relevant aspects of the theory and methodology of systemic-holistic approach to socio-cultural reality, aimed at the development of peacefulness and proper to improve the educational process in higher school. Given the landmarks and important components of the tolerant attitude needed in the innovative educational process. Marked reflexive processes of perception, which are determined by the interaction of cognitive and intellectual and personal qualities of the individual student and provides him a tolerant perception of the world. To create a learning environment peacefulness of University students suggested the use of educational technology «cooperative learning».
Ключевые слова / Keywords:
globalization, systemic-holistic approach, tolerant attitude, disposition, cooperative learning, high school.
Аннотация / Annotation:
Covers the relevant aspects of the theory and methodology of systemic-holistic approach to socio-cultural reality, aimed at the development of peacefulness and proper to improve the educational process in higher school. Given the landmarks and important components of the tolerant attitude needed in the innovative educational process. Marked reflexive processes of perception, which are determined by the interaction of cognitive and intellectual and personal qualities of the individual student and provides him a tolerant perception of the world. To create a learning environment peacefulness of University students suggested the use of educational technology «cooperative learning».
Ключевые слова / Keywords:
globalization, systemic-holistic approach, tolerant attitude, disposition, cooperative learning, high school.
ASTAFEV N.V. Astafev N.V. – doctor of pedagogical sciences, professor
DUBINETSKY V.V. Dubinetsky V.V. – Ph.D.
Further training of police officers at the post in the training process operational activity
Страницы / Pages: 70-76
Аннотация / Annotation:
The necessity of creating educational centers the fire and physical training on the basis of the relevant departments of educational institutions Ministry of Internal Affairs of Russia.
Ключевые слова / Keywords:
law enforcement officers; Learning in the process of operational activity; training.
HOT TOPICАннотация / Annotation:
The necessity of creating educational centers the fire and physical training on the basis of the relevant departments of educational institutions Ministry of Internal Affairs of Russia.
Ключевые слова / Keywords:
law enforcement officers; Learning in the process of operational activity; training.
ALESHIN V.V. Aleshin V.V. – doctor of jurisprudence, professor
PETROVSKIY D.N. Petrovskiy D.N. – candidate of jurisprudence
Property in the Russian Federation: on some issues of confiscation and national security
Страницы / Pages: 77-87
Аннотация / Annotation:
Discusses the rights of ownership and property-legal instruments for combating terrorism and corruption. Including the institutions of confiscatio in rem and confiscatio in personam. Analyzes changes in the legislation, legal doctrine, decisions of the Сonstitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the European Court of human rights.
Ключевые слова / Keywords:
national security, counter-terrorism, anti-corruption, confiscatio in rem, confiscatio in personam, the Council of the Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the European Court of human rights.
Аннотация / Annotation:
Discusses the rights of ownership and property-legal instruments for combating terrorism and corruption. Including the institutions of confiscatio in rem and confiscatio in personam. Analyzes changes in the legislation, legal doctrine, decisions of the Сonstitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the European Court of human rights.
Ключевые слова / Keywords:
national security, counter-terrorism, anti-corruption, confiscatio in rem, confiscatio in personam, the Council of the Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the European Court of human rights.
GADJIEV G.M. Gadjiev G.M. – Doctor of Education
ISAKOV S.A.
Isakov S.A.
–
Harm computer games on the behavior of adolescents
Страницы / Pages: 88-93
Аннотация / Annotation:
Ключевые слова / Keywords:
computer game, computer dependence, gamblers, research, experiment, escapism, addictive behavior, deformation, aggression, crime.
Аннотация / Annotation:
Ключевые слова / Keywords:
computer game, computer dependence, gamblers, research, experiment, escapism, addictive behavior, deformation, aggression, crime.
EVDOKIMOV V.B. Evdokimov V.B. – Doctor of legal Sciences, Professor
The impact of the legislative process on the constitutional legitimacy and unity of legal space in the Russian Federation
Страницы / Pages: 94-99
Аннотация / Annotation:
In article features of influence of the legislative process on the constitutional legitimacy and unity of legal space in the Russian Federation.
Ключевые слова / Keywords:
Russian Constitution, law, legislative process, constitutional legitimacy, unity of legal space.
Аннотация / Annotation:
In article features of influence of the legislative process on the constitutional legitimacy and unity of legal space in the Russian Federation.
Ключевые слова / Keywords:
Russian Constitution, law, legislative process, constitutional legitimacy, unity of legal space.
NOVIKOV A.V. Novikov A.V. – doctor of sociological Sciences, Professor
BARKOVSKAYA E. V. Barkovskaya E. V. – candidate of sociological Sciences
On the influence of the modern conservative-liberal economic ideology in the social and economic development of the Russian society
Страницы / Pages: 100-109
Аннотация / Annotation:
The authors analyze aspects of the emergence of modern conservative-liberal economic ideology in Russia and the impact of human factors on the economic growth in the country and the socio – economic development of the Russian society
Ключевые слова / Keywords:
quality of life, economic growth, the Russian conservatism, Russian neo-liberalism, the social market economy.
Аннотация / Annotation:
The authors analyze aspects of the emergence of modern conservative-liberal economic ideology in Russia and the impact of human factors on the economic growth in the country and the socio – economic development of the Russian society
Ключевые слова / Keywords:
quality of life, economic growth, the Russian conservatism, Russian neo-liberalism, the social market economy.
V.S. KOKHTACHEV
V.S. Kokhtachev
–
The penitentiary system and the media: not separately, but together
Страницы / Pages: 110-116
Аннотация / Annotation:
The article is devoted to the organization of interaction of media (hereinafter – the media) with Agencies and institutions of the penitentiary system (hereinafter – PS) to inform the public about the activities of the PS for the formation of the population of a fair presentation of the Institutions and Agencies executing criminal punishment.
Ключевые слова / Keywords:
media, penitentiary system, prisons, prisoners, community councils.
PAGES OF HISTORYАннотация / Annotation:
The article is devoted to the organization of interaction of media (hereinafter – the media) with Agencies and institutions of the penitentiary system (hereinafter – PS) to inform the public about the activities of the PS for the formation of the population of a fair presentation of the Institutions and Agencies executing criminal punishment.
Ключевые слова / Keywords:
media, penitentiary system, prisons, prisoners, community councils.
BAEV O.V. Baev O.V. – Ph.D., Associate Professor
The State Commission for the repayment of debts: the legal status and the actual activities
Страницы / Pages: 117-123
Аннотация / Annotation:
Timely maintenance of the public debt is one of the indicators of the effectiveness and legitimacy of any public education. In the Russian Empire in the beginning of the XIX century it was created by a special government agency, which was the ordering function of the process. The article examines the legal status of public institution and its realization in actual activity. Substantiates the problematic implementation of these legal obligations in terms of serious economic and political changes.
Ключевые слова / Keywords:
Russia, the State Commission for the repayment of debt, the legal status.
Аннотация / Annotation:
Timely maintenance of the public debt is one of the indicators of the effectiveness and legitimacy of any public education. In the Russian Empire in the beginning of the XIX century it was created by a special government agency, which was the ordering function of the process. The article examines the legal status of public institution and its realization in actual activity. Substantiates the problematic implementation of these legal obligations in terms of serious economic and political changes.
Ключевые слова / Keywords:
Russia, the State Commission for the repayment of debt, the legal status.
ANDREEV S.А. Andreev S.А. – a candidate for a degree candidate of historical sciences.
Historical conditions and factors contributing to the change in the requirements for the preparation of the officers ‘ staff.
Страницы / Pages: 124-128
Аннотация / Annotation:
In the article, the author reveals the historical processes that take place in Soviet society necessitated changes to the training officer cadres of the USSR MVD internal troops.
Ключевые слова / Keywords:
age of developed socialism; the USSR MVD internal troops officers; crime situation; Special motorized parts of militiaman; The Ministry of public order; The Ministry of the Interior.
SCIENTIFIC DEBUTАннотация / Annotation:
In the article, the author reveals the historical processes that take place in Soviet society necessitated changes to the training officer cadres of the USSR MVD internal troops.
Ключевые слова / Keywords:
age of developed socialism; the USSR MVD internal troops officers; crime situation; Special motorized parts of militiaman; The Ministry of public order; The Ministry of the Interior.
SHTAN’KO A.A. Shtan’ko A.A. – PhD student
Normative acts of the Central Bank of the Russian Federation in the structure of normative legal acts of state authorities of the Russian Federation
Страницы / Pages: 129-141
Аннотация / Annotation:
In the financial, monetary, banking and economic systems of the Russian Federation occupies a crucial role regulator Central Bank of the Russian Federation. The instrument control and operation of these systems takes place, including on means of publications Bank of Russia regulations. Significance of the legal nature, as well as the place of legal acts of the Central Bank of the Russian Federation in the hierarchy of legal acts of the Russian Federation is disclosed in a scientific paper.
Ключевые слова / Keywords:
Central Bank of the Russian Federation, normative legal act, the public authority.
Аннотация / Annotation:
In the financial, monetary, banking and economic systems of the Russian Federation occupies a crucial role regulator Central Bank of the Russian Federation. The instrument control and operation of these systems takes place, including on means of publications Bank of Russia regulations. Significance of the legal nature, as well as the place of legal acts of the Central Bank of the Russian Federation in the hierarchy of legal acts of the Russian Federation is disclosed in a scientific paper.
Ключевые слова / Keywords:
Central Bank of the Russian Federation, normative legal act, the public authority.
THELINA JU.S.
Thelina Ju.S.
–
Participation of prosecution in law-making activity in order to ensure the protection of the constitutional right to privacy when processing personal data
Страницы / Pages: 142-149
Аннотация / Annotation:
Ensuring the protection of the constitutional right of a citizen to privacy, personal and family privacy, enshrined in Article 23 of the Constitution of the Russian Federation, in the modern information society, taking into account the current security threats becomes one of paramount importance for the Russian citizens. One of the constitutional bodies ensuring the realization and protection of the above constitutional rights, the public Prosecutor’s office. Participation of prosecution in law-making activities is especially important in recent years, when emerging in various spheres of life, new social relations require legal regulation that applies to the protection of this constitutional right.
Ключевые слова / Keywords:
the Prosecutor’s office, legislative activity, constitutional law, privacy, and personal data.
Аннотация / Annotation:
Ensuring the protection of the constitutional right of a citizen to privacy, personal and family privacy, enshrined in Article 23 of the Constitution of the Russian Federation, in the modern information society, taking into account the current security threats becomes one of paramount importance for the Russian citizens. One of the constitutional bodies ensuring the realization and protection of the above constitutional rights, the public Prosecutor’s office. Participation of prosecution in law-making activities is especially important in recent years, when emerging in various spheres of life, new social relations require legal regulation that applies to the protection of this constitutional right.
Ключевые слова / Keywords:
the Prosecutor’s office, legislative activity, constitutional law, privacy, and personal data.
LICHIDOV A.A.
Lichidov A.A.
–
Legal value of the claim for recognition of the real right absent
Страницы / Pages: 150-155
Аннотация / Annotation:
The questions with regards to the conditions of satisfaction of the claim for recognition, and target orientation. The author analyzes the conditions of satisfaction of the claim for recognition of law.
Ключевые слова / Keywords:
a claim for recognition of law, how to protect property rights.
Аннотация / Annotation:
The questions with regards to the conditions of satisfaction of the claim for recognition, and target orientation. The author analyzes the conditions of satisfaction of the claim for recognition of law.
Ключевые слова / Keywords:
a claim for recognition of law, how to protect property rights.
SAVIN I.V.
Savin I.V.
–
The criminalistic characteristic of robberies committed in public places
Страницы / Pages: 156-166
Аннотация / Annotation:
The article is devoted to the analysis of the data obtained by the author while studying the array of criminal cases of robberies committed in public places. Based on the analysis of the obtained data, the author gives a statistical picture of the various components of the criminalistic characteristics of the specified crime, which allows to formulate the basic tendencies, characteristic of this type of crime, and to model the typical characteristics of the robber committing a robbery in a public place.
Ключевые слова / Keywords:
robbery, robber, criminalistic characteristic, a public place, the identity of the offender, the modus operandi, the subject of a criminal assault, the identity of the victim, the mechanism of formation of a trace.
Аннотация / Annotation:
The article is devoted to the analysis of the data obtained by the author while studying the array of criminal cases of robberies committed in public places. Based on the analysis of the obtained data, the author gives a statistical picture of the various components of the criminalistic characteristics of the specified crime, which allows to formulate the basic tendencies, characteristic of this type of crime, and to model the typical characteristics of the robber committing a robbery in a public place.
Ключевые слова / Keywords:
robbery, robber, criminalistic characteristic, a public place, the identity of the offender, the modus operandi, the subject of a criminal assault, the identity of the victim, the mechanism of formation of a trace.
OSMANOV D.O.
Osmanov D.O.
–
Institute of suspicion of transactions in case of bankruptcy of the citizen
Страницы / Pages: 167-178
Аннотация / Annotation:
The article is devoted to the problem of abusive conduct in the bankruptcy proceedings of the debtor-the physical person; the analysis of abuse through the study of court practice on the recognition of suspicious (and therefore invalid) transactions made by the debtor directly before and during the bankruptcy process. The study suggested adjusting the wording of existing regulations to enhance regulatory effectiveness.
Ключевые слова / Keywords:
Institute of suspicious transactions, misuse, failure of a citizen.
Аннотация / Annotation:
The article is devoted to the problem of abusive conduct in the bankruptcy proceedings of the debtor-the physical person; the analysis of abuse through the study of court practice on the recognition of suspicious (and therefore invalid) transactions made by the debtor directly before and during the bankruptcy process. The study suggested adjusting the wording of existing regulations to enhance regulatory effectiveness.
Ключевые слова / Keywords:
Institute of suspicious transactions, misuse, failure of a citizen.