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Право и образование

№ 08 • 2011

ОБРАЗОВАНИЕ: ОПЫТ И ПРАКТИКА

CHAPAEV N.K.
Chapaev N.K. – Professor of the Department of Acmeology of General and Professional Education of Russian State Professional Pedagogic University, Yekaterinburg, Doctor of Pedagogy, Professor

Multidimensional Nature of a Subject of Pedagogy and Problem Aspects of Differentiation of Education in Russia

Страницы / Pages: 4-14

Аннотация / Annotation:
Tendencies of development of modern education in Russia are discussed in the article. Authors make an attempt to re-think possible destructive consequences of educational developments usually considered just in a positive key, that contradicts dialectics of development of events in reality.

Ключевые слова / Keywords:
diversification of education, individualization of education, profile education, a competence approach.

SUCHILKINA E.V.
Suchilkina E.V. – Associate Professor of the Department of History and Law of Penza State Technical Academy, PhD in History

A Strategy of Development of Higher Professional Education: World Experience and Russian Practice

Страницы / Pages: 15-22

Аннотация / Annotation:
General world tendencies of development of a system of higher education, evolution tendencies of development of a Russian system of higher education are considered in the article. Necessity of modernization of a system of higher education and its transfer to innovative way of development are analyzed.

Ключевые слова / Keywords:
a university model, Humboldt University, a research university, an innovative university, an entrepreneurship university.

RAKHIMBERDIN K.KH.
Rakhimberdin K.Kh. – Head of the Department of Criminal Law and Proceedings of Eastern Kazakhstan State University in the name of S. Amanzholov, PhD in Law

Problems of Professional Training and Staff Training for a Correctional System of Kyrgyzstan: a State and Challenges

Страницы / Pages: 23-38

Аннотация / Annotation:
An analysis in details of modern state of professional training of a staff for a correctional system of Kyrgyzstan, and recommendations and proposals for its further development are given in the article.

Ключевые слова / Keywords:
a correctional system, education, an employee, human rights, international standards.

DENISOVA R.R.
Denisova R.R. – Head of the Department of Special and Preschool Pedagogy and Psychology of BGPU, Doctor of Pedagogy, Professor
NIKIFOROVA A.V.
Nikiforova A.V. – Assistant of the Department of Logopedia and Oligophrenopedagogy, Postgraduate Student of the Department of Pedagogy of BGPU

PROFESSIONAL STAFF TRAINING FOR A SYSTEM OF SPECIAL EDUCATION

Страницы / Pages: 39-51

Аннотация / Annotation:
Issues of changing of contents of higher special education in Russia, professional staff training for special correctional institutions are considered in the article. An attempt to set stages in a field of mastering a profession of a teacher-pathologist from the position of an analysis of contents of this process is made.

Ключевые слова / Keywords:
professional training, specialist’s training, special education, contents of higher pathologic education, a teacher-pathologist, a visual impairment specialist, surdologist, a special psychologist.

MARKOVSKIKH O.V.
Markovskikh O.V. – Senior Teacher of the Department of General Human and Natural Scientific Disciplines of Krasnogorsk Branch of the Russian Academy of National Economy and State Service under the President of the Russian Federation

Development of General Skills and Competences of a Future Manager as a Key Component of an Educational Competence

Страницы / Pages: 52-56

Аннотация / Annotation:


Ключевые слова / Keywords:
general educational skills, learning skills, a competence approach, a student, a manager, a director.

NEBREDOVSKAYA
Nebredovskaya – V.V., Teacher of the Department of Social and Human Sciences of the Russian State Hydrometeorological University

FORMS AND METHODS OF RUNNING POLITICAL ABSENTISM THROUGH ELECTORAL EDUCATION

Страницы / Pages: 57-65

Аннотация / Annotation:
An issue of electoral culture of the youth, mechanisms of its development is considered in the article; a problem of educational programs for development of school knowledge in a field of electoral legislation, basic personal, political, social, and cultural rights and freedoms, political socialization and development of value orientations is investigated. Experience of Australia in involvement of future electorate in elections and an ability of its reception are analyzed.

Ключевые слова / Keywords:
political absentism, secondary education, an educational discipline ‘Fundmantals of Civil Rights’ as a function of political socialization of citizens, development of valuable orientations, electoral choice, electoral settings and preferences of an electorate.

ОБРАЗОВАТЕЛЬНОЕ ПРАВО

SKRIPCHENKO N.YU.
Skripchenko N.Yu. – Associate Professor of the Deparment of Criminal Law and Procedures of Pomorskiy State Lomonosov University, PhD in Law, Associate Professor

Implementation of a Right for Education by Minors as for Compulsory Measures of Medical Character Are Used

Страницы / Pages: 66-70

Аннотация / Annotation:
The article covers analysis of the existing legislation, that provides minors as for compulsory measures of medical character are used, a right for education. But studying of a legal practice demonstrates a formal approach to implementation of the given right.

Ключевые слова / Keywords:
compulsory measures of medical character, a minor, education.


Property Regime of State Educational Institutions

Страницы / Pages: 71-79

Аннотация / Annotation:
Taking into account a new legislation and a right of operational managment of educational institutions is considered. It is stated that a right of operational management can be differentiated in types of dependance on limitations imposed on its legal authority.

Ключевые слова / Keywords:
a right of operational management, state educational institution, a state, budgetary, autonomous institution.

ПРЕПОДАВАНИЕ ЮРИДИЧЕСКИХ ДИСЦИПЛИН

PLOTSKAYA O.A.
Plotskaya O.A. – Associate Professor of the Department of Theory and History of State and Law of Juridical Faculty of Syktyvkar State University, PhD in Law

A Mechanism of Modernization of Teaching of Sources of Law on Lectures in Conditions of Implementation of the Federal State Educational Standards

Страницы / Pages: 80-85

Аннотация / Annotation:
The article covers a problem of using non-traditional forms of training aimed at improvement of an educational process in conditions of implementation of the Federal state educational standards. Some innovative technologies of teaching sources of law are represented. Great attention is paid to methods of using active and interactive forms of lecture giving.

Ключевые слова / Keywords:
non-traditional forms of education, innovative technologies of teaching, sources of law, the federal state educational standards.

KUZNETSOVA N.E.
Kuznetsova N.E. – Senior Teacher of the Department of Juridical Disciplines of Naberezhnochelnenskiy Branch of the University of Management ‘TISBI’

Actual Issues of Teaching a Discipline ‘ International Private Law’

Страницы / Pages: 86-90

Аннотация / Annotation:
Some specifics of teaching a discipline ‘International Private Law’ at universities are considered in the article. Great attention is paid to a complex of a structure of ‘International Private Law’ as an educational disicpline. An author shows necessary elements of methods of teaching a discipline in order to increase effectiveness of knowledge mastering by students and development of lawyer’s competences.

Ключевые слова / Keywords:
an international private law, methods of teaching a discipline ‘International Private Law’, a competence.

GLUSHKO A.N.
Glushko A.N. – Senior Deputy Director of FGUP ‘IREA’ (The Ministry of Defence of Russia)

Basic Principles of International Law as an Object of Study in Higher School

Страницы / Pages: 91-94

Аннотация / Annotation:
The article covers a problem of existing views on a set and contents of basic principles of an international law, that are one the most important objects of study in higher school in specialities related to introduction into international activity.

Ключевые слова / Keywords:
an international law, basic principles of an international law, military forces, economics.

ТЕОРИЯ ПРАВА

MIRONOV O.O.
Mironov O.O. – Professor of the Department of State and Legal Disciplines of MUH, Doctor of Law

Functions of a Constitution

Страницы / Pages: 95-101

Аннотация / Annotation:
Functions of a constitution are considered in the article; their contents are given; classification with sectioning on social and legal functions is conducted. Among social functions the most important funcion is a spiritual and moral one. Legal functions include: foundating, fixing, protecting, and regulatinbg fucntions. A regulating function is an accumulator uniting other functions and charecterizing a constitution in conditions of democracy as the Main Law of the state and society.

Ключевые слова / Keywords:
a constitution, functions of constitution, a regulatory function, constitutional regulation.

KALANDARISHVILI Z.N.
Kalandarishvili Z.N. – Deputy Director of the Department of Theory of Law and Law-Enforcement of Saint-Petersburg Human Universities of Trade Unions, PhD in Law, PhD in Pedagogy, Associate Professor

A Role of Legal Means in Development of Legal Culture of Modern Russian Society

Страницы / Pages: 102-108

Аннотация / Annotation:
The article covers a role of legal means in development of legal culture in modern Russian society. An author reasons a statement, that legal means in a modern stage of development of Russian society are the most important factor and mechanism of development of legal culture of citizens and a society and proposes a block of social and legal measures for modernization of a structure of legal means.

Ключевые слова / Keywords:
legal means, legal culture, deformation of legal culture, legal consciousness, legal regulation, legal activity.

LATYSHEV S.N.
Latyshev S.N. – Senior Teacher of the Department of Theory and History of State and Law of Volgograd Cooperation Institute, Branch of the Russian University for Cooperation

Legal Nature of a By-Law of a Municipal Institution

Страницы / Pages: 109-113

Аннотация / Annotation:
The article covers research of legal nature of a by-law of a municipal institution. It is stated in the article, that we should consider a by-law as a local governing statement. Parameters of a by-law of a municipal institution are given.

Ключевые слова / Keywords:
a by-law of a municipal institution, local governance, a legislative regulation, a consistent deed, state registration, a managing statement, parameters of a by-law of a municipal institution.

ОБСУЖДАЕМ ПРОБЛЕМУ

BERLYAVSKIY L.G.
Berlyavskiy L.G. – Professor of the Department for Constitutional and Municipal Law of Rostov State Economic University, Doctor of History, PhD in Law

Constitutional Freedom of Scientific Creation: a Nature and Legal Contents

Страницы / Pages: 114-121

Аннотация / Annotation:
The article covers analysis of a nature and legal contents of constitutional freedom of scientific creation. Actuality of studying of this field is determined through natural changes of an object of regulation. Constitutional and legal warranties of freedom of creation are absolutely necessary things because modernization is impossible without them. State power is able to influence on problem fields of a scientific research, it can form methodological orientirs and program results.

Ключевые слова / Keywords:
constitutional freedom, scientific creation, legal contents, a scientist as a subject of law.

STREBKOVA O.S.
Strebkova O.S. – Teacher of Belgorod Branch of MUH, PhD in Law

Responsibility of a Carrier’s Liability for Harm Incured Life and Health of a Passenger in International Air Traffic

Страницы / Pages: 122-127

Аннотация / Annotation:
Actuality of joining of the Russian Federation to Montreal Convention regulating carrier’s liability for harm in a case of death or bodily injury of a passenger is considered in the article. Other regulations concerning international air traffic are considered.

Ключевые слова / Keywords:
harm, incured life and health, air traffic, a passenger, a carrier, liability.

TALYNEV V.E.
Talynev V.E. – Professor of the Department for Sociology, Political and Religious Studies of Tikhookeanskiy State University, Doctor of Sociology, Associate Professor
OSIPENKOV S.M.
Osipenkov S.M. – Postgraduate Students of Tikhookeanskiy State University

Social and Legal Warranties of Military Men Dismissed from Military Service as a Basis of Development of Russian National Identity

Страницы / Pages: 128-136

Аннотация / Annotation:
The article covers a problem of support of social and legal warranties of military men dissmissed from military service in conditions of development of Russian national identity. An analysis of existing regulatory and legal basis of support of social and legal warranties of military men dismissed from military service is conducted.

Ключевые слова / Keywords:
social and legal warranties, rights of military men, military servicing, national security, national identity.

IVANOVA ZH.B.
Ivanova Zh.B. – Head of the Department of Civil Law and Procedures of Komi Academy of State Service and Administration, PhD in Law, Associate Professor

Conservation of a Language as a Real Way in Development of Spiritual and Material Culture of Slavic Peoples or Conservation of Nature Environment

Страницы / Pages: 137-144

Аннотация / Annotation:
Issues of interaction between culture and conservation of nature environment, that are more demontrative in case study of indigenous people, are considered in the article. It is proposed to use experience of creation of regional educational centers with advanced learning a native language, traditional culture and fundamentals of traditional land utilization.

Ключевые слова / Keywords:
Cyril and Methodius, nature environment, culture, indigenous people.

GEIT N.T.
Geit N.T. – Associate Professor of the Department of State Building and Law of Russian Academy of National Economy and State Service under the President of the Russian Federation, PhD, Associate Professor

Importance of Studying of Principles of Adoption and Protection of a Right for Land in Teaching Disciplines of Land and Property Specialization

Страницы / Pages: 145-160

Аннотация / Annotation:
Basic contents of principles of adoption of a right for land lots of physical and juridical persons in the Russian Federation are shown in the article. Their nature, state warranties and limitations of adoption of rights for land and their development in the legislation are considered in details.

Ключевые слова / Keywords:
a land lot, a right of property for a land, land regulation, combination between public and private interests, rectification of collisions between civil and land laws.

НАУЧНЫЙ ДЕБЮТ

ARABULI D.D.
Arabuli D.D. – Teacher of Murmansk Branch of the Modern University for the Humanities

Development of Responsibility of an Orginizer of an Auction in Ordering Goods and Servicing for the State and Municipality

Страницы / Pages: 154-160

Аннотация / Annotation:
The article covers a problem of bringing to responsibility, limitations of responsibility of an organizer of an auction and practical measures for improvement of the Federal Law No.94-FZ ‘Ordering Goods and Servicing for the State and Municipality’ (further Law of Federal Purchases) dated July 21, 2005. Taking into account practice of using the ‘Law of Federal Purchases’ an analysis is conducted; a right for protection in breaking an auction by an organizer is investigated.

Ключевые слова / Keywords:
federal purchases, 94-FZ, protection, protection of rights, an auction, competitions, responsibility.

MARTYNOVA S.I.
Martynova S.I. – Teacher of the Department of Development of Actions of OVD of Ural Juridical Institute of the Ministry of Internal Affairs of Russia

Potential of Russian Juvenile Justice in Fighting against Violations by Minors

Страницы / Pages: 161-169

Аннотация / Annotation:
The article covers a problem of implementation of the institute of juvenile justice in Russia in its fighting against violations by minors. An author analyzes challenges of implementation of this institution in Russia, and gives arguments for a benefit of its introduction into national legislation and proposals for optimization of this work. Scientific works in this field of knowledge are also reviewed in the article.

Ключевые слова / Keywords:
a crime, minors, fighting against, juvenile justice, criminal responsibility.

LATYPOV R.A.
Latypov R.A. – Postgraduate Student of Moscow New Juridical Institute

A REFUSAL TO REGISTER A LEGAL PERSON: A DRAFT OF LEGAL REGLATION

Страницы / Pages: 170-176

Аннотация / Annotation:
A brief analysis of statements of the Concept of Development of Civil Legislation in a section of regulating issues related to state registration of legal persons is conducted in the article. An author analyzes Russian legislation, judicial practice, and foreign experience of regulation of joint relations, and proposes on the basis of this analysis to change a list of reasons for a refusal to register a legal person and include a stage of freezing a procedure of registration a legal person.

Ключевые слова / Keywords:
a right, registration of a legal person, a draft of law.

P’YANZINA E.V.
P’yanzina E.V. – Adjunct of the Department of Criminal Procedures of Ural Juridical Institute of the Ministry of Internal Affairs of Russia

An Issue of Understanding of Criminal and Procedural Proving

Страницы / Pages: 177-181

Аннотация / Annotation:
The article covers definition of proving in criminal procedures, setting and investigating problems related to conceptual apparatus of criminal cases investigation. Basic approaches to interpretation of a concept of proving existing in a scientific literature are analyzed in the article; an author’s definition within the frameworks of the given research is created.

Ключевые слова / Keywords:
a concept, proving, signs of proving, events subject to be proven, pre-trial procedures.

SARAEV V.V.
Saraev V.V. – PhD in Law, Vice-President and Director of Legal Administration of the Continental Soccer League

Cases of Successful Systematization of a Sport Legislation

Страницы / Pages: 182-184

Аннотация / Annotation:
The article covers foreign models and experience of codification of a sport law and it is a review of the book of A.A. Soloviev ‘Foreign Models and Experience of Codification of a Sport Law’.

Ключевые слова / Keywords:
a sport law, models of codification of a sport law, re-codification of a sport law, a sport legislation, a sport code.