Право и образование
№ 08 • 2009
EDUCATIONAL LAW
MINNIGULOVA D.B. Minnigulova D.B. – Associate Professor of the Department of Civil Law of GOU VPO Bashkiria Academy of State Service and Management under the President of Bashkortostan Republic, PhD in Law, Associate Professor (e-mail: minnidinara@mail.ru)
Problems of concept and structure of educational law
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Аннотация / Annotation:
The article covers the problem of determination of a concept ‘educational law’, a subject and method of legal regulation of educational law. Analysis of existing approaches to a definition ‘educational law’ is conducted. Great attention is paid to characteristics of subject and method of educational law in legal science.
Ключевые слова / Keywords:
educational law, subject of basic regulation of educational law, method of legal regulation of educational law, complex field of law.
Аннотация / Annotation:
The article covers the problem of determination of a concept ‘educational law’, a subject and method of legal regulation of educational law. Analysis of existing approaches to a definition ‘educational law’ is conducted. Great attention is paid to characteristics of subject and method of educational law in legal science.
Ключевые слова / Keywords:
educational law, subject of basic regulation of educational law, method of legal regulation of educational law, complex field of law.
MATYUSHEVA T.N. Matyusheva T.N. – Associate Professor of the Department of State and Legal Disciplines of North and Caucasian Branch of GOU VPO Russian Academy of Justice, PhD in Law (e-mail: matyushevatn@rambler.ru)
International and Legal Standard of Right to Education (Key Elements, Juridical Qualities)
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Аннотация / Annotation:
The article covers specification of international legal standard of right to education. The author gives key elements of international standards of a right to education, general principles of education on the basis of analysis of international and regional regulations. Elements of right to education in modern international law are classified as obligatory (general) and optional (special) elements.
Ключевые слова / Keywords:
system of education, implementation, international law, international standards, educational institution.
Аннотация / Annotation:
The article covers specification of international legal standard of right to education. The author gives key elements of international standards of a right to education, general principles of education on the basis of analysis of international and regional regulations. Elements of right to education in modern international law are classified as obligatory (general) and optional (special) elements.
Ключевые слова / Keywords:
system of education, implementation, international law, international standards, educational institution.
VOLCHANSKAYA L.M. Volchanskaya L.M. – Head of Law Department of Volzhsk Institute for the Humanities, a Branch of Volgograd State University, PhD in Law, Associate Professor (e-mail: larisa.volchanskaya@vgi.volsu.ru)
VOLCHANSKIY A.A. Volchanskiy A.A. – Postgraduate Student of GOU VPO Volgograd State University (e-mail: volchankyaa@mail.ru)
Participation of Higher Educational Institutions in Leasing
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Аннотация / Annotation:
The article covers problems concerning participation of state higher educational institutions in leasing. Authors analyze legislative acts through a method of comparative law and make a conclusion about unlawfulness of transfer of estate by higher educational institutions to organizations or individual entrepreneurs on the lease contract basis, because estate is provided to higher educational institutions by an owner on the basis of operational management law, including competitions.
Ключевые слова / Keywords:
higher educational institution, lease contract, competition, right of operational management, property right, administration assets, property owner.
Аннотация / Annotation:
The article covers problems concerning participation of state higher educational institutions in leasing. Authors analyze legislative acts through a method of comparative law and make a conclusion about unlawfulness of transfer of estate by higher educational institutions to organizations or individual entrepreneurs on the lease contract basis, because estate is provided to higher educational institutions by an owner on the basis of operational management law, including competitions.
Ключевые слова / Keywords:
higher educational institution, lease contract, competition, right of operational management, property right, administration assets, property owner.
CHELYSHEVA N.YU. Chelysheva N.Yu. – Teacher of the Department of Civil and Law Disciplines of Ural Juridical Institute of the Ministry of Internal Affairs of Russia, PhD in Law (tali@uraltc.ru)
Problems of Determination of Real Rights of State Educational Institutions
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Аннотация / Annotation:
Points of view on determination of property rights of state educational institutions existing in modern civic doctrine are considered in the article. The author gives analysis of existing contradiction between civil and budgetary legislation and proposes her own scheme for conflict resolution.
Ключевые слова / Keywords:
institution, property, order, management.
Аннотация / Annotation:
Points of view on determination of property rights of state educational institutions existing in modern civic doctrine are considered in the article. The author gives analysis of existing contradiction between civil and budgetary legislation and proposes her own scheme for conflict resolution.
Ключевые слова / Keywords:
institution, property, order, management.
KIRILLOVYKH A.A. Kirillovykh A.A. – Business Lawyer of FGOU VPO ‘Vyatskiy State Agricultural Academy’, Teacher of Kirov Branch of NOU VPO ‘Saint-Petersburg Institute for International Relations, Economics, and Law’ (Е-mail:OVK@ptlan.com)
Limits of Regulatory Authorities in a Field of Property Right of Educational Institutions
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Аннотация / Annotation:
Analysis of apply of limited property right in practice of property regime of modern educational institutions is conducted in the article. Economic capacity of educational organization and its structural subdivisions is shown from the position of right of operational management and right of permanent perpetual use. Methods of legal regulation and improvement of property law constructions are proposed in a civil legislation.
Ключевые слова / Keywords:
educational institution, limited property right, right of operational management, right of permanent perpetual use, separate direction, economic capacity of structural subdivisions.
Аннотация / Annotation:
Analysis of apply of limited property right in practice of property regime of modern educational institutions is conducted in the article. Economic capacity of educational organization and its structural subdivisions is shown from the position of right of operational management and right of permanent perpetual use. Methods of legal regulation and improvement of property law constructions are proposed in a civil legislation.
Ключевые слова / Keywords:
educational institution, limited property right, right of operational management, right of permanent perpetual use, separate direction, economic capacity of structural subdivisions.
SOLOVIEV A.A. Soloviev A.A. – Federal Judge of the Arbitration Court of Moscow Region, PhD in Law (E-mail: nes345@rambler.ru)
Level of Organization of Sport Activity in a Higher Educational Institution as a Criterion of University Rating and a Factor of Development of Sport: Legal Aspects
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Аннотация / Annotation:
The article covers the issue of improvement of legal regulation and organization of sport in institutions of higher professional education as a mean of improvement of public health, quality of student’s life and a method of increasing of attractiveness and competitive ability of Russian higher educational institutions.
Ключевые слова / Keywords:
sport, sporting law, students’ sport, educational institution of higher professional education, university.
WORLD OF EDUCATION AND LEARNING Аннотация / Annotation:
The article covers the issue of improvement of legal regulation and organization of sport in institutions of higher professional education as a mean of improvement of public health, quality of student’s life and a method of increasing of attractiveness and competitive ability of Russian higher educational institutions.
Ключевые слова / Keywords:
sport, sporting law, students’ sport, educational institution of higher professional education, university.
TRETIYAKOVA O.V. Tretiyakova O.V. – Head of the Department of Journalism of Pomorskiy State University in the name of M.V. Lomonosov, PhD in Political Sciences, Associate Professor (o.tretyakova@inbox.ru)
Role of Education in Development of Legal Culture of Journalists
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Аннотация / Annotation:
Role of journalism in development of mass legal consciousness and in development of elements of legal culture of a society is considered in the article. Estimation of a level of legal consciousness of modern Russian society is given. The author analyzes the system of professional and legal training of journalists, who write articles in a field of law; author’s course of lectures ‘Legal Journalism’, which is given on Journalism faculty of Pomorskiy State University, is represented.
Ключевые слова / Keywords:
legal consciousness, legal structure, journalism, human rights, social values, information and psychological effect, professional specialization, legal journalism.
Аннотация / Annotation:
Role of journalism in development of mass legal consciousness and in development of elements of legal culture of a society is considered in the article. Estimation of a level of legal consciousness of modern Russian society is given. The author analyzes the system of professional and legal training of journalists, who write articles in a field of law; author’s course of lectures ‘Legal Journalism’, which is given on Journalism faculty of Pomorskiy State University, is represented.
Ключевые слова / Keywords:
legal consciousness, legal structure, journalism, human rights, social values, information and psychological effect, professional specialization, legal journalism.
GIRENOK G.A. Girenok G.A. – Teacher of the Department of History and Philology of Samara Institute of Law of the Federal Service of Execution of Punishment of the Russian Federation (word@samlawin.ru)
Using of Active Methods of Education on Foreign Language Lessons in Juridical Higher Educational Institutions
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Аннотация / Annotation:
The article covers active methods of learning on English lessons in Samara Juridical Institute of the Federal Service of Execution of Sentences of Russia. Main tasks of foreign language teaching in a juridical higher educational institution are represented in the article from the position of requirements of the State Standard of higher professional education. Concept of such a discipline as ‘Foreign Language’ for professional career of a lawyer is shown.
Ключевые слова / Keywords:
activity, activation, active methods of education, competence of lawyers, professional communication.
Аннотация / Annotation:
The article covers active methods of learning on English lessons in Samara Juridical Institute of the Federal Service of Execution of Sentences of Russia. Main tasks of foreign language teaching in a juridical higher educational institution are represented in the article from the position of requirements of the State Standard of higher professional education. Concept of such a discipline as ‘Foreign Language’ for professional career of a lawyer is shown.
Ключевые слова / Keywords:
activity, activation, active methods of education, competence of lawyers, professional communication.
FEDOROV A.YU. Fedorov A.Yu. – Head of the Department of Professional Development of the Division of Internal Affairs of Ural Juridical Institute of the Ministry of Internal Affairs of Russia, PhD in Law (E-mail: Fedorov044@mail.ru)
Problems of Organization of Professional Training in the Ministry of Internal Affairs of Russia (Ural Juridical Institute of the Ministry of Internal Affairs of Russia)
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Аннотация / Annotation:
The article covers the problem of organization of professional training on the faculty of supplementary professional education of in Ural Juridical Institute of the Ministry of Internal Affairs of Russia. Special features of educational process on professional training faculty and existing problems of teachers during lessons are considered in the article.
Ключевые слова / Keywords:
law, professional training, special features of educational process, the Ministry of Internal Affairs.
Аннотация / Annotation:
The article covers the problem of organization of professional training on the faculty of supplementary professional education of in Ural Juridical Institute of the Ministry of Internal Affairs of Russia. Special features of educational process on professional training faculty and existing problems of teachers during lessons are considered in the article.
Ключевые слова / Keywords:
law, professional training, special features of educational process, the Ministry of Internal Affairs.
SLAVGORODSKAYA O.A. Slavgorodskaya O.A. – Associate Professor of the Department of Methodology of Criminal Sciences of GOU VPO Saratov State Academy of Law, PhD in Law, Associate Professor
Legal Status of a Witness and Formation of Legal Consciousness in a Process of Teaching Legal Disciplines
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Аннотация / Annotation:
The article covers the problem of development of legal consciousness, based on perception and implementation of a legal status of witness by citizens. The process of determination and understanding of protection an individual, his/her rights and freedoms is connected to the process of educational activity based on usage of various forms and methods of teaching. Such an approach helps to develop active life position in conditions of establishment of a constitutional state.
Ключевые слова / Keywords:
witness, legal status, juridical personality, business game.
Аннотация / Annotation:
The article covers the problem of development of legal consciousness, based on perception and implementation of a legal status of witness by citizens. The process of determination and understanding of protection an individual, his/her rights and freedoms is connected to the process of educational activity based on usage of various forms and methods of teaching. Such an approach helps to develop active life position in conditions of establishment of a constitutional state.
Ключевые слова / Keywords:
witness, legal status, juridical personality, business game.
NAGOVITSYNA T.A. Nagovitsyna T.A. – Senior Teacher of the Academy of Social Education (Kazan Social and Juridical Institute) (k_pr@aso - ksui.ru)
Provision of Basic General and Professional Education as a Cure for Minor Prisoners Enduring the Punishment
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Аннотация / Annotation:
The article covers the problems of provision of basic general education and professional training as means of reformation of minor prisoners during punishment. The great attention is paid to legal regulation of the order of general education provision for prisoners, and issues of historic development of education in correctional facilities are considered.
Ключевые слова / Keywords:
basic general and professional education, minor prisoners, cure, juvenile correctional facility.
DISCUSSING THE PROBLEMАннотация / Annotation:
The article covers the problems of provision of basic general education and professional training as means of reformation of minor prisoners during punishment. The great attention is paid to legal regulation of the order of general education provision for prisoners, and issues of historic development of education in correctional facilities are considered.
Ключевые слова / Keywords:
basic general and professional education, minor prisoners, cure, juvenile correctional facility.
ZHIBINOV S.B. Zhibinov S.B. – Director of the Scientific Research Institute for Applied Computer Sciences of Siberian State University of telecommunications and Commuter Sciences (E-mail: Sergey.Zhibinov@gmail.com)
TARNAVSKIY G.A. Tarnavskiy G.A. – Leading Researcher of the Institute for Computing Mathematics and Mathematic Geophysics of Siberian Branch of the Russian Academy of Sciences, Doctor of Physics and Mathematics (E-mail: Gennady.Tarnavsky@gmail.com)
Scientific and Educational Internet-Center for Computer simulation: Problems of Intellectual Property of Content
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Аннотация / Annotation:
Legal, social, moral, and ethic problems of copyright and intellectual property for created scientific products, including program complexes of mathematical simulation in different fields of knowledge are considered in the article.
Ключевые слова / Keywords:
information technologies, distance education, computer simulation, Internet, copyright, intellectual property.
Аннотация / Annotation:
Legal, social, moral, and ethic problems of copyright and intellectual property for created scientific products, including program complexes of mathematical simulation in different fields of knowledge are considered in the article.
Ключевые слова / Keywords:
information technologies, distance education, computer simulation, Internet, copyright, intellectual property.
ORDINA O.N. Ordina O.N. – Associate Professor of the Department of Philosophy of Moscow State Juridical Academy (Kirov Branch), PhD in Cultural Studies. (т. 8-962-893-47-21)
General Principles and Regulations of International Law as Sources of Administrative Law in Russia
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Аннотация / Annotation:
In juridical science a concept of generally recognized principles doesn’t exist, and the list is not full. General principles of international law include definite ideas, recognized by many states, which should be applied in all world countries and implemented as a regulatory basis of their interaction.
Ключевые слова / Keywords:
source of administrative law in Russia, general principles and regulations of international law, international contracts.
HISTORY OF STTAE AND LAWАннотация / Annotation:
In juridical science a concept of generally recognized principles doesn’t exist, and the list is not full. General principles of international law include definite ideas, recognized by many states, which should be applied in all world countries and implemented as a regulatory basis of their interaction.
Ключевые слова / Keywords:
source of administrative law in Russia, general principles and regulations of international law, international contracts.
SULAEV I.KH. Sulaev I.Kh. – Associate Professor of the Department of Russian History of New and Modern Times on the Faculty of History of Dagestan State University, PhD in History. (e-mail: sulaevdarg@.ru)
Muslim Orders and Religious Education in Soviet Dagestan
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Аннотация / Annotation:
The article covers the problem of development of Muslim educational in Dagestan within the frameworks of antireligious policy of the Soviet State. Muslim schools functioned before the end of the 20s years thanks to tolerant policy of the state to Islam. Names of well-known representatives of Muslim orders, organizers of Muslim schools are given. Great attention is paid to illegal Koran teaching and religious disciplines in post-war years, training of official Muslim order in two Islamic educational institutions.
Ключевые слова / Keywords:
Muslim schools, Muslim orders, Soviet schools, religious education.
Аннотация / Annotation:
The article covers the problem of development of Muslim educational in Dagestan within the frameworks of antireligious policy of the Soviet State. Muslim schools functioned before the end of the 20s years thanks to tolerant policy of the state to Islam. Names of well-known representatives of Muslim orders, organizers of Muslim schools are given. Great attention is paid to illegal Koran teaching and religious disciplines in post-war years, training of official Muslim order in two Islamic educational institutions.
Ключевые слова / Keywords:
Muslim schools, Muslim orders, Soviet schools, religious education.
GILYAROV E.M. Gilyarov E.M. – Professor of the Department of General Jurisprudence and Legal Fundamentals of Security of the National Research Nuclear University (Moscow Institute for Physics and Mathematics), PhD in Law, Professor (bliznec.46@mail.ru)
Some Contradictions of Development of Executive Authorities in Russia in the Beginning of the 20th Century (in 1905–1914s)
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Аннотация / Annotation:
Issues of reforming of the most important part of mechanism of the Russian state such as executive authorities in the beginning of 20th are considered in the article.
Ключевые слова / Keywords:
crisis, state administration, executive authorities, Board of ministers, ministry, basic state laws, ministers, governmental establishments, local authorities.
Аннотация / Annotation:
Issues of reforming of the most important part of mechanism of the Russian state such as executive authorities in the beginning of 20th are considered in the article.
Ключевые слова / Keywords:
crisis, state administration, executive authorities, Board of ministers, ministry, basic state laws, ministers, governmental establishments, local authorities.
KALINKIN YU.A. Kalinkin Yu.A. – Rector of Mordovia Institute for the Humanities, PhD in Law, Associate Professor. (e-mail: mgi-nou2002@mail.ru)
Supervision over the Jury during Proceedings in Simbirsk District Court in the second half of 19th Century: Historic and Legal Experience
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Аннотация / Annotation:
The article covers analysis of activity of directors of judicial institutions of the Russian Empire concerning supervision over the proceedings organized in district courts with jury inclusion. Rights and obligations of the jury are shown; the order of rendering verdict in criminal cases is given; and a chairman’s actions in case of condemnatory or absolvent judgment are described.
Ключевые слова / Keywords:
jury, verdict, cassation, appeal, judicial decision, sentence, order of appeal.
SCIENTIFIC DEBUTАннотация / Annotation:
The article covers analysis of activity of directors of judicial institutions of the Russian Empire concerning supervision over the proceedings organized in district courts with jury inclusion. Rights and obligations of the jury are shown; the order of rendering verdict in criminal cases is given; and a chairman’s actions in case of condemnatory or absolvent judgment are described.
Ключевые слова / Keywords:
jury, verdict, cassation, appeal, judicial decision, sentence, order of appeal.
KARPUNKINA E.S. Karpunkina E.S. – Business Lawyer of JSC ‘Saratovenergo’ (e-mail: AndrejBLS@yandex.ru)
Dispossession without Assignment of another Accommodation
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Аннотация / Annotation:
The article covers investigation of legal relations concerning dispossession without assignment another accommodation. The order of dispossession is given and special features of execution of judgment connected with dispossession are represented.
Ключевые слова / Keywords:
dispossession, contract of social rent, accommodation, dissolution of contract.
Аннотация / Annotation:
The article covers investigation of legal relations concerning dispossession without assignment another accommodation. The order of dispossession is given and special features of execution of judgment connected with dispossession are represented.
Ключевые слова / Keywords:
dispossession, contract of social rent, accommodation, dissolution of contract.
MIKHAILOV N.I. Mikhailov N.I. – Postgraduate Student of the Institute of State Administration, Moscow (vpopov54@mail.ru)
Modern Civil Legislation of a Status of Unitary Enterprises and their Value for Market Economy Development
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Аннотация / Annotation:
Tendencies of development of legislation of legal status of unitary enterprises are considered in the article. Great attention is paid to state and municipal unitary enterprises, legal regulation for which has been changing many times over the years.
Ключевые слова / Keywords:
state and municipal unitary enterprises, legal regulation of activity of unitary enterprises, state unitary enterprises of military trade, property of a unitary enterprise.
Аннотация / Annotation:
Tendencies of development of legislation of legal status of unitary enterprises are considered in the article. Great attention is paid to state and municipal unitary enterprises, legal regulation for which has been changing many times over the years.
Ключевые слова / Keywords:
state and municipal unitary enterprises, legal regulation of activity of unitary enterprises, state unitary enterprises of military trade, property of a unitary enterprise.
TROFIMOVA YU.A. Trofimova Yu.A. – Postgraduate Student of Russian State Institute of Intellectual Property (valents1@rambler.ru)
Juridical Facts in a Mechanism of Subjective Law Arising
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Аннотация / Annotation:
The article is the result of scientific and practical research of issues of establishment of legal facts by court or notary used by a legal or natural person. The author’s investigations enable to determine problems arising in the process of practical usage of legal regulations, influencing on the process of property transfer to bona fide possessor.
Ключевые слова / Keywords:
juridical fact, registration of a property right, acquisitive prescription.
Аннотация / Annotation:
The article is the result of scientific and practical research of issues of establishment of legal facts by court or notary used by a legal or natural person. The author’s investigations enable to determine problems arising in the process of practical usage of legal regulations, influencing on the process of property transfer to bona fide possessor.
Ключевые слова / Keywords:
juridical fact, registration of a property right, acquisitive prescription.
SARGUNYAN V.M. Sargunyan V.M. – Postgraduate Student of the Modern University for the Humanities (sagrunyan@ mal.ru)
Source of Emergency: New Approach
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Аннотация / Annotation:
The author considers the new approach in understanding of a source of emergency, shows its nature as a physical object and juridical abstraction; it enables to develop original juridical definition. Also new features of a source of emergency are given, which enable to indentify it separately. As a conclusion a juridical definition of a source of emergency is given.
Ключевые слова / Keywords:
harmfulness, activity, nature, source of emergency.
Аннотация / Annotation:
The author considers the new approach in understanding of a source of emergency, shows its nature as a physical object and juridical abstraction; it enables to develop original juridical definition. Also new features of a source of emergency are given, which enable to indentify it separately. As a conclusion a juridical definition of a source of emergency is given.
Ключевые слова / Keywords:
harmfulness, activity, nature, source of emergency.
PROTCHENKO A.V. Protchenko A.V. – Postgraduate Student of the Department of Legal Disciplines of Tikhookeanskiy State University (e-mail: Tonya.5@mail.ru)
Actual Problems in Infringements of Electoral Rights of Citizens
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Аннотация / Annotation:
Issues connected with infringements of electoral rights of citizens are considered in the article. Analysis of materials of practice of consideration by election committees of applications of infringement of election legislation in process of preparing and conducting municipal elections in the Far East Federal District.
Ключевые слова / Keywords:
elective rights of citizens, election committees, elections, procedural defence, election campaign.
REVIEWSАннотация / Annotation:
Issues connected with infringements of electoral rights of citizens are considered in the article. Analysis of materials of practice of consideration by election committees of applications of infringement of election legislation in process of preparing and conducting municipal elections in the Far East Federal District.
Ключевые слова / Keywords:
elective rights of citizens, election committees, elections, procedural defence, election campaign.
YAGOFAROV D.A. Yagofarov D.A. – Associate Professor of the Department of Theory of State and Law of Ural State Law Academy, PhD in Law, Associate Professor (E-mail: damir48@rambler.ru )
JURIDICAL PEDAGOGY: Review of the Textbook written by K.M. Levitan ‘Juridical Pedagogy’ (Moscow, 2008. – 432 pp.)
Страницы / Pages:
Аннотация / Annotation:
Author gives scientific review of the textbook of K.M. Levitan ‘Juridical Pedagogy’. Attention is focused on the most important and necessary components of pedagogic education. Juridical profile fundament of pedagogic education for future teacher in a juridical higher educational institution is stated.
Ключевые слова / Keywords:
juridical pedagogy, juridical education, teaching, subject of didactics of higher school, process of education, juridical profile.
Аннотация / Annotation:
Author gives scientific review of the textbook of K.M. Levitan ‘Juridical Pedagogy’. Attention is focused on the most important and necessary components of pedagogic education. Juridical profile fundament of pedagogic education for future teacher in a juridical higher educational institution is stated.
Ключевые слова / Keywords:
juridical pedagogy, juridical education, teaching, subject of didactics of higher school, process of education, juridical profile.