Право и образование
№ 08 • 2010
EDUCATIONAL LAW
VLADYKINA T.A. Vladykina T.A. – Associate Professor Blagoveshchensk Branch of the Modern University for the Humanities, PhD in Law
Right for Education as a Subjective Law of a Citizen of the Russian Federation
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Аннотация / Annotation:
The article covers analysis of a mechanism and laws of implementation of a right for education in the Russian Federation. The author proves that the key element of legal status of a personality in a field of education is legal guarantees, i.e. conditions and means of support and protection of rights, freedoms and responsibilities of a human being and a citizen. On practical examples we can see that a lack of guarantees transforms existing rights and freedoms into a paper fiction.
Ключевые слова / Keywords:
rights and freedoms of a human being and a citizen, subjective law, right for education, guarantees of a right for education for a citizen of the Russian Federation.
Аннотация / Annotation:
The article covers analysis of a mechanism and laws of implementation of a right for education in the Russian Federation. The author proves that the key element of legal status of a personality in a field of education is legal guarantees, i.e. conditions and means of support and protection of rights, freedoms and responsibilities of a human being and a citizen. On practical examples we can see that a lack of guarantees transforms existing rights and freedoms into a paper fiction.
Ключевые слова / Keywords:
rights and freedoms of a human being and a citizen, subjective law, right for education, guarantees of a right for education for a citizen of the Russian Federation.
VASILENKO A.A. Vasilenko A.A. – Head Jurist-Consult of Grodno State University in the name of Yanka Kupala, teacher of the Department of State Labor and Agricultural Law, PhD in Law
Some Problems of Civil and Legal Regulation of a Contract of Services on Specialist’s Training in a Higher Educational Institution
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Аннотация / Annotation:
The article covers a problem of civil and legal regulation of a contract of services on specialist’s training in a higher educational institution. Using dissertation material on this problem, the author analyzes well-known ideas of scientists in a field of contract regulation of higher educational services. Great attention is paid to research of unsolved tasks in a sphere of civil law, including problems related to paid and free services in paid education.
Ключевые слова / Keywords:
a contract of services on specialist’s training, education, a higher educational institution, a mechanism of legal regulation of paid education.
Аннотация / Annotation:
The article covers a problem of civil and legal regulation of a contract of services on specialist’s training in a higher educational institution. Using dissertation material on this problem, the author analyzes well-known ideas of scientists in a field of contract regulation of higher educational services. Great attention is paid to research of unsolved tasks in a sphere of civil law, including problems related to paid and free services in paid education.
Ключевые слова / Keywords:
a contract of services on specialist’s training, education, a higher educational institution, a mechanism of legal regulation of paid education.
KANANYKINA E.S. Kananykina E.S. – Head of the Department of Law of Duma of Nyagan city (KHMAO-Yugra), PhD in Law
Evolution of English Legislation of Education: Acts of Educational Reform in 90ies of 20th-beginning of 21st centuries
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Аннотация / Annotation:
English and American legal system is represented by specific sources of law. It is well-known that a basic source of law within this system is a judicial precedent. Also review analysis of sources of educational law in England shows that judicial precedent in educational law even in conditions of precedent system of law is not a leading source of law. Here it is replaced by a law of statute of the state. Ad hoc and in loco parentis principles applied in education are set as norms of behavior and are a norm of law, state statute but not a specific judicial decision.
Ключевые слова / Keywords:
law, legal families, pedagogy, educational doctrine, educational traditions.
MODERN EDUACTIONАннотация / Annotation:
English and American legal system is represented by specific sources of law. It is well-known that a basic source of law within this system is a judicial precedent. Also review analysis of sources of educational law in England shows that judicial precedent in educational law even in conditions of precedent system of law is not a leading source of law. Here it is replaced by a law of statute of the state. Ad hoc and in loco parentis principles applied in education are set as norms of behavior and are a norm of law, state statute but not a specific judicial decision.
Ключевые слова / Keywords:
law, legal families, pedagogy, educational doctrine, educational traditions.
SUKHAREV V.A. Sukharev V.A. – Professor of the Department of Human and Social and Economic Disciplines of Khabarovsk Border Institute of the Federal Security Service of Russia, PhD, Professor
Simulation of the Process Specialists’ Training in a Field of State Administration
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Аннотация / Annotation:
The article covers problems of training of specialists for state needs. Problems of simulation of social and professional image of a specialist in a field of state administration and a process of training of state officers in higher educational institutions are considered in the article. It enables to make a full analysis of a process of training and to find methods for its optimization.
Ключевые слова / Keywords:
a model, social and professional image of a specialist, a process of specialist’s training, conditions, optimization.
Аннотация / Annotation:
The article covers problems of training of specialists for state needs. Problems of simulation of social and professional image of a specialist in a field of state administration and a process of training of state officers in higher educational institutions are considered in the article. It enables to make a full analysis of a process of training and to find methods for its optimization.
Ключевые слова / Keywords:
a model, social and professional image of a specialist, a process of specialist’s training, conditions, optimization.
GONCHAROV D. YU. Goncharov D. Yu. – Senior Referent of the Educational Center of Professional training and Retraining of Investigators of the Investigation Committee under the Procurator’s Office of the Russian Federation in Ural Federal District, PhD in Law, Associate Professor
Development of Departmental Education in the Investigation Committee under the Procurator’s Office in the Russian Federation as a Method of Maintenance and Development of Criminal Sciences
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Аннотация / Annotation:
A growth of a number of non-state juridical universities and choice of civil disciplines by students is followed by decreasing of time for studying of criminal disciplines. For example, some developers of state educational standards propose to exclude criminal studies of a basic complex of educational disciplines, because they think that it is a necessary discipline only for investigators. These factors together with other reasons make to find new ways of increasing effectiveness of training of investigators, including investigators of the Investigation Committee under the Procurator’s Office of the Russian Federation.
Ключевые слова / Keywords:
departmental education, investigation committee, criminal sciences.
Аннотация / Annotation:
A growth of a number of non-state juridical universities and choice of civil disciplines by students is followed by decreasing of time for studying of criminal disciplines. For example, some developers of state educational standards propose to exclude criminal studies of a basic complex of educational disciplines, because they think that it is a necessary discipline only for investigators. These factors together with other reasons make to find new ways of increasing effectiveness of training of investigators, including investigators of the Investigation Committee under the Procurator’s Office of the Russian Federation.
Ключевые слова / Keywords:
departmental education, investigation committee, criminal sciences.
GRIGORIEV O.V. Grigoriev O.V. – Teacher of Novosibirsk Branch of the Modern University for the Humanities, PhD in Law
KOLCHEVSKIY A.V. Kolchevskiy A.V. – Teacher of the Department of Criminal Procedures and Criminal Investigations of Novosibirsk Military Institute of Internal Forces of the Ministry of Internal Affairs of Russia
A Model of Legal Culture of University Graduates
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Аннотация / Annotation:
The article covers simulation of a legal culture of a technical university graduate. Components, parameters, criteria, levels of legal culture of a student are characterized in details.
Ключевые слова / Keywords:
legal consciousness, legal culture, legal enforcement, legal behavior.
Аннотация / Annotation:
The article covers simulation of a legal culture of a technical university graduate. Components, parameters, criteria, levels of legal culture of a student are characterized in details.
Ключевые слова / Keywords:
legal consciousness, legal culture, legal enforcement, legal behavior.
KUZMINA A.V. Kuzmina A.V. – Associate Professor of the Department of Private Law of Russia and Foreign Countries, Marii El State University, PhD in Law
Simulated Trial as a Method of Auditory Classes in Juridical Institutions
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Аннотация / Annotation:
One of active methods of students’ training, namely a simulated trail is considered in the article. Advantages of this method of education and a field of application are represented. Some general recommendations concerning development of educational and methodical materials for successive simulation of trails and cases investigations are given.
Ключевые слова / Keywords:
methods of students’ training, simulated trial, a case, educational and methodical materials.
DISCUSSING THE PROBLEMАннотация / Annotation:
One of active methods of students’ training, namely a simulated trail is considered in the article. Advantages of this method of education and a field of application are represented. Some general recommendations concerning development of educational and methodical materials for successive simulation of trails and cases investigations are given.
Ключевые слова / Keywords:
methods of students’ training, simulated trial, a case, educational and methodical materials.
MOROZ E.V. Moroz E.V. – Professor of the Department of Theory and History of State and Law of Russian State Trade and Economic University of Kemerovo Institute (Branch), Doctor of History, Associate Professor
Some Problems of Evolution of Political Doctrines of a Totalitarian State
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Аннотация / Annotation:
Evolution of a political doctrine of a totalitarian state is considered in the article. Great attention is paid to establishment and development of a concept of a totalitarian state in political ideas.
Ключевые слова / Keywords:
state, totalitarism, political doctrines, power, dictatorship, society, fascism, communism.
Аннотация / Annotation:
Evolution of a political doctrine of a totalitarian state is considered in the article. Great attention is paid to establishment and development of a concept of a totalitarian state in political ideas.
Ключевые слова / Keywords:
state, totalitarism, political doctrines, power, dictatorship, society, fascism, communism.
KALANDARISHVILI N.K. Kalandarishvili N.K. – Deputy head o the Department of Theory of Law and Enforcement of Saint-Petersburg University of Trade Unions, PhD in Law, PhD in Pedagogy, Associate Professor
Development of Legal Personality as a Necessary Attribute of Legal Culture of Modern Russian Society
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Аннотация / Annotation:
A mechanism of development of a legal personality as a necessary attribute of legal culture in modern Russian society is investigated in the article. The author makes an attempt to prove that new conditions, which characterize a state of social and legal life of Russia, create a problem of improvement inside a legal personality of citizens an element of legal activity, which enables to increase and improve their legal knowledge and values, support legal ideas and principles, and believe in justice of the law.
Ключевые слова / Keywords:
legal personality, legal activity, legal socialization, legal responsibility, civil position, civil society, legal consciousness, deformation of legal culture.
Аннотация / Annotation:
A mechanism of development of a legal personality as a necessary attribute of legal culture in modern Russian society is investigated in the article. The author makes an attempt to prove that new conditions, which characterize a state of social and legal life of Russia, create a problem of improvement inside a legal personality of citizens an element of legal activity, which enables to increase and improve their legal knowledge and values, support legal ideas and principles, and believe in justice of the law.
Ключевые слова / Keywords:
legal personality, legal activity, legal socialization, legal responsibility, civil position, civil society, legal consciousness, deformation of legal culture.
PETRUSHKIN V.A. Petrushkin V.A. – Judge of the Federal Arbitration Court of Povolzhskiy District, PhD in Law
Proprietary and Executory Methods of Protection of Participation of Immovable Property Turnover and their Interaction
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Аннотация / Annotation:
Issues of proprietary and executory methods of protection of participants of immovable property turnover are considered within the frameworks of this research. In particular, the author analyzes historic regulations, existing legislation, and proposals on legislation development. Also the article includes research of the category ‘immovable property’.
Ключевые слова / Keywords:
law, real estate, methods of protection, ownership.
Аннотация / Annotation:
Issues of proprietary and executory methods of protection of participants of immovable property turnover are considered within the frameworks of this research. In particular, the author analyzes historic regulations, existing legislation, and proposals on legislation development. Also the article includes research of the category ‘immovable property’.
Ключевые слова / Keywords:
law, real estate, methods of protection, ownership.
GOLIKOVA S.V. Golikova S.V. – Senior Teacher of the Department of Civil Law, Theory of Law and Special Juridical Disciplines of the Institute for Economics and Law (Branch) of the University of Labor and Social Relations
Implementation of a Principle of Family Education in Adoption as a Priority Form for Children Deprived from Parental Care in the Russian Federation
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Аннотация / Annotation:
Adoption has goods on all possible forms of permanent living with a new family for children deprived from parental care. Adoption gives a chance to realize a need to have a child for adopters and gives children deprived from parental care a chance to have a new family.
Ключевые слова / Keywords:
family; adoption, adopters; orphan children, children deprived from parental care.
PAGES OF HISTORYАннотация / Annotation:
Adoption has goods on all possible forms of permanent living with a new family for children deprived from parental care. Adoption gives a chance to realize a need to have a child for adopters and gives children deprived from parental care a chance to have a new family.
Ключевые слова / Keywords:
family; adoption, adopters; orphan children, children deprived from parental care.
ZIPUNNIKOVA N.N. Zipunnikova N.N. – Associate Professor of the Department of History of State and Law of Ural State Juridical Academy, PhD in Law
KALENYKH A.V. Kalenykh A.V. – Associate Professor of the Department of Criminal Law of Ural State Juridical Academy, PhD in Law
Violation of ‘Regulations of Juvenile Education’ (History of Legislation of the Russian Empire)
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Аннотация / Annotation:
A problem of legal responsibility in a field of juvenile education in the Russian Empire is considered in the article. Establishment of protection regulation in this field in Russian legislation is characterized. Development of protection functions is shown within general context of Russian educational policy in 18th-beginning of 20th centuries.
Ключевые слова / Keywords:
education, legal responsibility, police violations, department of educational institutions, state interests.
Аннотация / Annotation:
A problem of legal responsibility in a field of juvenile education in the Russian Empire is considered in the article. Establishment of protection regulation in this field in Russian legislation is characterized. Development of protection functions is shown within general context of Russian educational policy in 18th-beginning of 20th centuries.
Ключевые слова / Keywords:
education, legal responsibility, police violations, department of educational institutions, state interests.
BEZGIN V.B. Bezgin V.B. – Professor of the Department of History and Philosophy of Tambov State Technical University, Doctor of History, Associate Professor
Legal Status of Natural Children in Russian Villages in the end of 19th-beginning of 20th centuries
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Аннотация / Annotation:
Analysis of legal status of natural children in villages in the end of 19th-beginning of 20th century is given in the article. Relation of Russian peasants to natural children is stated. The reasons of adultery in villages are set. Contents of traditions of Russian villages, which regulate legal status of natural children, are shown in the article.
Ключевые слова / Keywords:
general law, a village, natural children, legal status, wife of a soldier, community, adoption, land allotment.
Аннотация / Annotation:
Analysis of legal status of natural children in villages in the end of 19th-beginning of 20th century is given in the article. Relation of Russian peasants to natural children is stated. The reasons of adultery in villages are set. Contents of traditions of Russian villages, which regulate legal status of natural children, are shown in the article.
Ключевые слова / Keywords:
general law, a village, natural children, legal status, wife of a soldier, community, adoption, land allotment.
VASETSKIY V.N. Vasetskiy V.N. – Head of the Service of Internal Control – Administration of KB ‘Natsprombank’
Civil and Legal Means of Protection in a Period of State Establishment: Some Issues of Establishment
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Аннотация / Annotation:
The article covers stage-by-stage process of establishment and development of civil and legal means in historic process of development of the state.
Ключевые слова / Keywords:
civil and legal means of protection, establishment and development of law and jurisprudence, development of the institute of rights and freedoms protection.
Аннотация / Annotation:
The article covers stage-by-stage process of establishment and development of civil and legal means in historic process of development of the state.
Ключевые слова / Keywords:
civil and legal means of protection, establishment and development of law and jurisprudence, development of the institute of rights and freedoms protection.
CHEKULAEV S.YU. Chekulaev S.Yu. – Postgraduate Student of the Modern University for the Humanities
Some Conclusions of Historic Experience of Implementation of Penal and Correctional and Labor Policy of the State and Security Administration of Prisoners in 1929–1956 years
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Аннотация / Annotation:
Results of implementation of penal and correctional-labor policy of the Soviet State and support of security administration in correctional facilities and prisons in 1929-1956 are represented in the article. Some proposals of improvement of security administration in prisons are given.
Ключевые слова / Keywords:
penal and correctional-labor policy of the state, historic experience, differentiation of prisoners, pedagogy of correctional process, labor of prisoners.
SCIENTIFIC DEBUTАннотация / Annotation:
Results of implementation of penal and correctional-labor policy of the Soviet State and support of security administration in correctional facilities and prisons in 1929-1956 are represented in the article. Some proposals of improvement of security administration in prisons are given.
Ключевые слова / Keywords:
penal and correctional-labor policy of the state, historic experience, differentiation of prisoners, pedagogy of correctional process, labor of prisoners.
KORNEEV S.V. Korneev S.V. – Applicant for the Department of Criminal Law of the Modern University for the Humanities
Improvement of Norms including Signs of Items of Components of Crimes in a Field of Drugs Traffic
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Аннотация / Annotation:
Some actual issues of improvement of criminal and legal norms including signs of items of components of crimes in a field of drugs traffic are considered.
Ключевые слова / Keywords:
drugs, psychotropic substances, precursors, illegal prescription, potent and toxic agents, crimes in a field of drugs traffic.
Аннотация / Annotation:
Some actual issues of improvement of criminal and legal norms including signs of items of components of crimes in a field of drugs traffic are considered.
Ключевые слова / Keywords:
drugs, psychotropic substances, precursors, illegal prescription, potent and toxic agents, crimes in a field of drugs traffic.
KOLENKINA A.A. Kolenkina A.A. – Postgraduate Student of the Department of History and Theory of State and Law of FGOU VPO ‘Krasnoyarsk State Agricultural University’
A Role of Social Rights in Support of Social Protection of Citizens
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Аннотация / Annotation:
The article ‘A Role of Social Rights in Support of Social Protection of Citizens’ covers a problem of interpretation of social rights implemented through the system of social protection, as a guarantee of social protection of a human being in social state.
Ключевые слова / Keywords:
social rights, social protection of citizens, social state.
Аннотация / Annotation:
The article ‘A Role of Social Rights in Support of Social Protection of Citizens’ covers a problem of interpretation of social rights implemented through the system of social protection, as a guarantee of social protection of a human being in social state.
Ключевые слова / Keywords:
social rights, social protection of citizens, social state.
SVIRIDOV D.O. Sviridov D.O. – Postgraduate Student of GOU VPO ‘Kemerovo State University’
Boards of Deputies of Workers and Law Enforcement System in 1930ies
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Аннотация / Annotation:
A problem of interaction between local authorities and law enforcement agencies in the second half of 1930ies is considered in the article.
Ключевые слова / Keywords:
boards, executive committees, procurator’s offices, revolutionary law.
Аннотация / Annotation:
A problem of interaction between local authorities and law enforcement agencies in the second half of 1930ies is considered in the article.
Ключевые слова / Keywords:
boards, executive committees, procurator’s offices, revolutionary law.
SLEPYNIN A.V. Slepynin A.V. – Jurist Consult JSC ‘Absolut-Pravo’ (Kemerovo city)
State and Development of Soviet Practice of Law in the second half of 1920ies in Kuznetsk District
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Аннотация / Annotation:
A period of establishment and development of Soviet practice of law in Western Siberia is considered in the article.
Ключевые слова / Keywords:
judicial system, district court, practice of law, a board of lawyers.
Аннотация / Annotation:
A period of establishment and development of Soviet practice of law in Western Siberia is considered in the article.
Ключевые слова / Keywords:
judicial system, district court, practice of law, a board of lawyers.