Право и образование
№ 08 • 2013
MODERN EDUCATION
SYUBAREVA I.F. Syubareva I.F. – Doctor of Pedagogy, PhD in Law
Using a Concept ‘Contract’ in a New Federal Law ‘Education in the Russian Federation’
Страницы / Pages: 4-13
Аннотация / Annotation:
Using a concept ‘contract’ in various axiological meanings in a new federal law of ‘Education in the Russian Federation’ is considered in the article. Great attention is paid to contracts related to regulation of educational activity. Using of contract construction that are not connected to a subject of regulation of this contract is specified.
Ключевые слова / Keywords:
a contract, types of contracts, legal regulation, a sphere of education, educational organization.
Аннотация / Annotation:
Using a concept ‘contract’ in various axiological meanings in a new federal law of ‘Education in the Russian Federation’ is considered in the article. Great attention is paid to contracts related to regulation of educational activity. Using of contract construction that are not connected to a subject of regulation of this contract is specified.
Ключевые слова / Keywords:
a contract, types of contracts, legal regulation, a sphere of education, educational organization.
ANDRONOVA R.E. Andronova R.E. – PhD in Technical Sciences, Associate Professor
BURLAKOVA I.I. Burlakova I.I. – PhD in Pedagogy, Associate Professor
KURSAKOV A.V.
Kursakov A.V.
–
Stimulation of Effectiveness of Educational Activities within a System of Quality Management in Education
Страницы / Pages: 14-19
Аннотация / Annotation:
The main aim of state-public administration of education is the optimal combination of state and social principles in the interest of an individual and the society. The main objectives of state-public administration are: democratization of management, implementation of statutory rights of subjects of education to participate in the management; meeting the needs and interests of all subjects of education. A teacher as a subject in education is capable to provide high-quality education and be fully responsible for its quality. The system of staff salaries payment, including stimulation for the quality of educational results, is an incentive mechanism of quality and efficiency of education management.
Ключевые слова / Keywords:
state-public administration of education; democratization of management; subjects of education; high-quality education; the system of staff salaries payment.
Аннотация / Annotation:
The main aim of state-public administration of education is the optimal combination of state and social principles in the interest of an individual and the society. The main objectives of state-public administration are: democratization of management, implementation of statutory rights of subjects of education to participate in the management; meeting the needs and interests of all subjects of education. A teacher as a subject in education is capable to provide high-quality education and be fully responsible for its quality. The system of staff salaries payment, including stimulation for the quality of educational results, is an incentive mechanism of quality and efficiency of education management.
Ключевые слова / Keywords:
state-public administration of education; democratization of management; subjects of education; high-quality education; the system of staff salaries payment.
AMIROV K.F. Amirov K.F. – Head of the Department of Law KNIT, candidate of philosophy science, professor
Legal culture of students – future teachers of law
Страницы / Pages: 20-30
Аннотация / Annotation:
The article describes the results of empirical studies of the legal cultures of the students – future teachers of law. identified specific cognitive, value and meaning, activity and other components that constitute the legal culture of the students junior and senior courses.
Ключевые слова / Keywords:
student, individual, legal culture, morality, law and responsibility.
Аннотация / Annotation:
The article describes the results of empirical studies of the legal cultures of the students – future teachers of law. identified specific cognitive, value and meaning, activity and other components that constitute the legal culture of the students junior and senior courses.
Ключевые слова / Keywords:
student, individual, legal culture, morality, law and responsibility.
SCHUROV E.A. Schurov E.A. – PhD in Law
A conceptual model of professional self-actualization of recruits in a university of the ministry internal affairs of Russia
Страницы / Pages: 31-38
Аннотация / Annotation:
Methodological approaches to solving a problem of simulation of self-actualization of recruits in universities of the Ministry of Internal Affairs of Russia are considered in the article.
Ключевые слова / Keywords:
a model, simulation, self-actualization, system development, personal oriented focus, a competence.
EDUCATIONAL LAW ABROADАннотация / Annotation:
Methodological approaches to solving a problem of simulation of self-actualization of recruits in universities of the Ministry of Internal Affairs of Russia are considered in the article.
Ключевые слова / Keywords:
a model, simulation, self-actualization, system development, personal oriented focus, a competence.
ASTAKHOV V.V. Astakhov V.V. – PhD in Law, Associate Professor
Legal Status of a Private University in Ukraine: Collisions of the Legislation
Страницы / Pages: 39-50
Аннотация / Annotation:
The article covers problems of consideration and fixation of legal status of private universities having difficulties with determination of their legal status as commercial or non-commercial one. Great attention is paid to comparision of legal personality of private and state universities.
Ключевые слова / Keywords:
university’s legal status, private university’s legal status, private education, educational legislation.
Аннотация / Annotation:
The article covers problems of consideration and fixation of legal status of private universities having difficulties with determination of their legal status as commercial or non-commercial one. Great attention is paid to comparision of legal personality of private and state universities.
Ключевые слова / Keywords:
university’s legal status, private university’s legal status, private education, educational legislation.
VASILENKO A.A. Vasilenko A.A. – PhD in Law
A Principle of Partnership in an Educational Law
Страницы / Pages: 51-54
Аннотация / Annotation:
The article covers a problem of studying a principle of partnership in educational law of the Republic of Belarus. Using statements of the Code of Education of the Republic of Belarus an analysis of a principle of partnership in an educational law are conducted. Great attention is paid to educational relations based on confidence.
Ключевые слова / Keywords:
an educational law, principles of law, partnership, education.
A THEORY OF LAWАннотация / Annotation:
The article covers a problem of studying a principle of partnership in educational law of the Republic of Belarus. Using statements of the Code of Education of the Republic of Belarus an analysis of a principle of partnership in an educational law are conducted. Great attention is paid to educational relations based on confidence.
Ключевые слова / Keywords:
an educational law, principles of law, partnership, education.
SIGALOV K.E. Sigalov K.E. – Doctor of Law, Associate Professor
Law, property and civilization
Страницы / Pages: 55-63
Аннотация / Annotation:
A law should regulate important requests of a society as a whole and a person in particular. Economic being of law is based on public and productive technology setting a character of civilization. Each civilization has its own being understood on common-experimental and theoretical levels. Law regulates its volume of relations and has got its specifics. Also factors existing in case of development of legal and political system of this or that society act permanently.
Ключевые слова / Keywords:
a type of property, character of civilization, economics, private interest, a method of economic regulation, public consciousness, freedom, values exchange.
Аннотация / Annotation:
A law should regulate important requests of a society as a whole and a person in particular. Economic being of law is based on public and productive technology setting a character of civilization. Each civilization has its own being understood on common-experimental and theoretical levels. Law regulates its volume of relations and has got its specifics. Also factors existing in case of development of legal and political system of this or that society act permanently.
Ключевые слова / Keywords:
a type of property, character of civilization, economics, private interest, a method of economic regulation, public consciousness, freedom, values exchange.
CHERDAKOV O.I. Cherdakov O.I. – Doctor of Law, Professor
YEVDOKIMOV O.V.
Yevdokimov O.V.
–
Nature and Contents of a Category ‘Legal Environment’ in Modern Theory of Law
Страницы / Pages: 64-70
Аннотация / Annotation:
Nature and contents of special definitions and their possible integration into a theory of law is shown in the article.
Ключевые слова / Keywords:
legal environment, legal dimension, a legal sphere, legal field, legal life, a legal system.
Аннотация / Annotation:
Nature and contents of special definitions and their possible integration into a theory of law is shown in the article.
Ключевые слова / Keywords:
legal environment, legal dimension, a legal sphere, legal field, legal life, a legal system.
BELYAEVA O.M. Belyaeva O.M. – PhD in Law, Associate Professor
Interpretation of Legal Enforcement Procedures in the School of ‘Free Law’
Страницы / Pages: 71-76
Аннотация / Annotation:
‘Law should be based not on regulation but on life in itself’ – is a basic thesis of the school of ‘free law’. Regulations fixed in laws and other state documents are not the law. So-called ‘free’, ‘vivid’ law is a system of legal relationships and real behavior of people. And a role of a judge as a real actor of law is a very important one. Great attention is paid to views by E. Erlich.
Ключевые слова / Keywords:
the school of ‘free law’, ‘vivid law’, judicial discretion, E. Erlich, G. Kantorovich.
DISCUSSING A PROBLEMАннотация / Annotation:
‘Law should be based not on regulation but on life in itself’ – is a basic thesis of the school of ‘free law’. Regulations fixed in laws and other state documents are not the law. So-called ‘free’, ‘vivid’ law is a system of legal relationships and real behavior of people. And a role of a judge as a real actor of law is a very important one. Great attention is paid to views by E. Erlich.
Ключевые слова / Keywords:
the school of ‘free law’, ‘vivid law’, judicial discretion, E. Erlich, G. Kantorovich.
MEDVEDEV V.G. Medvedev V.G. – Doctor of Law, PhD in History, Associate Professor
Transformation of Blood Revenge and Responsibility for Crimes against a Person
Страницы / Pages: 77-84
Аннотация / Annotation:
The article covers an analysis of transformation of a blood revenge from a common tradition to a murder and its consideration as a crime. The author tries to show various stages of development of human development of a state and a society when a role of blood revenge decrease and terminated. A great degree of its independence from material values is explained by a power of ethnic and cultural traditions of blood revenge of various peoples in the world.
Ключевые слова / Keywords:
blood revenge, murder, a crime, a state, a right of asylum.
Аннотация / Annotation:
The article covers an analysis of transformation of a blood revenge from a common tradition to a murder and its consideration as a crime. The author tries to show various stages of development of human development of a state and a society when a role of blood revenge decrease and terminated. A great degree of its independence from material values is explained by a power of ethnic and cultural traditions of blood revenge of various peoples in the world.
Ключевые слова / Keywords:
blood revenge, murder, a crime, a state, a right of asylum.
NAUMKINA V.V. Naumkina V.V. – Doctor of Law, Associate Professor
A Role of Political Parties at a Regional Level in Elections of a Head of a Constituent Entity of the Russian Federation
Страницы / Pages: 85-88
Аннотация / Annotation:
The article covers an analysis of a reform of an electoral law and facilitation of a role of political parties in a region. A new system of elections includes elements of development of a political system that includes all levels of power.
Ключевые слова / Keywords:
elections of a head of a constituent entity of the Russian Federation, political parties, electoral law.
Аннотация / Annotation:
The article covers an analysis of a reform of an electoral law and facilitation of a role of political parties in a region. A new system of elections includes elements of development of a political system that includes all levels of power.
Ключевые слова / Keywords:
elections of a head of a constituent entity of the Russian Federation, political parties, electoral law.
BEDAREV K.V.
Bedarev K.V.
–
Prevention of Extremism in Youth Groups
Страницы / Pages: 89-95
Аннотация / Annotation:
The article covers a problem of arising youth extremism and measures provided by powers of the federal center and constituent entities of the Russian Federation of its prevention.
Ключевые слова / Keywords:
extremism, youth, educational institutions, a school, mass media, psychology of youth, national psychology, police.
Аннотация / Annotation:
The article covers a problem of arising youth extremism and measures provided by powers of the federal center and constituent entities of the Russian Federation of its prevention.
Ключевые слова / Keywords:
extremism, youth, educational institutions, a school, mass media, psychology of youth, national psychology, police.
NURIEV G.KH. Nuriev G.Kh. – PhD in Law, Associate Professor
Legal Force of Solutions of Constitutional Courts
Страницы / Pages: 96-103
Аннотация / Annotation:
General responsilibity of retroactive activities of enforcement of condemnations of constitutional courts and an order of their appeal are considered in the article. These issues are investigated in relation to European court procedures.
Ключевые слова / Keywords:
a constitutional court, a binding arbitration, legal force, retroactive activities, court procedures, enforcement.
Аннотация / Annotation:
General responsilibity of retroactive activities of enforcement of condemnations of constitutional courts and an order of their appeal are considered in the article. These issues are investigated in relation to European court procedures.
Ключевые слова / Keywords:
a constitutional court, a binding arbitration, legal force, retroactive activities, court procedures, enforcement.
BAKLANOV P.A. Baklanov P.A. – Candidate of science (Sociology), Deputy Head of the Civil Service and Personnel Office of the Federal Council of the Federal Assembly of the Russian Federation, Head of the Personnel Record and Internal Control Department
PROFESSIONAL SYMBOLIC CONCEPTS MOTIVATING THE GENERATION OF THE 1990s TO PROFESSIONAL AND CAREER DEVELOPMENT
Страницы / Pages: 104-113
Аннотация / Annotation:
The article presents the results of a sociological study of professionalization processes in the symbolic and cultural context. The theoretical basis for the study was the concept of “professionalization” as a social phenomenon and the conventional sociological interpretation of a “symbol”. The survey involved 934 respondents from ten professional communities. The focus was on the results of a study of professional symbolic concepts motivating members of the generation of the 1900s (in their opinion) to professional and career development. The conclusions and summaries incorporate the answers to topical questions related to issues of human resource management and to developing human resource polices appropriate to modern conditions.
Ключевые слова / Keywords:
professional and career development, phenomenon of the symbolic, symbol, professional symbolic concepts.
Аннотация / Annotation:
The article presents the results of a sociological study of professionalization processes in the symbolic and cultural context. The theoretical basis for the study was the concept of “professionalization” as a social phenomenon and the conventional sociological interpretation of a “symbol”. The survey involved 934 respondents from ten professional communities. The focus was on the results of a study of professional symbolic concepts motivating members of the generation of the 1900s (in their opinion) to professional and career development. The conclusions and summaries incorporate the answers to topical questions related to issues of human resource management and to developing human resource polices appropriate to modern conditions.
Ключевые слова / Keywords:
professional and career development, phenomenon of the symbolic, symbol, professional symbolic concepts.
YARMOLCHUK V.G. Yarmolchuk V.G. – Professor of the Department of economic and financial disciplines at Moscow University for the Humanities, Candidate of Science (economic)
The principles of an effective system of management of the economy and their justification on the basis of an environmental approach
Страницы / Pages: 114-122
Аннотация / Annotation:
In the article the author developed a single, organically interconnected whole, principles of effective management of the economy in terms of ecology, both man and nature.
Ключевые слова / Keywords:
economy, efficiency, principles, management, people, lifestyle, environment.
A FOREIGN COPYRIGHTАннотация / Annotation:
In the article the author developed a single, organically interconnected whole, principles of effective management of the economy in terms of ecology, both man and nature.
Ключевые слова / Keywords:
economy, efficiency, principles, management, people, lifestyle, environment.
PONKIN I.V. Ponkin I.V. – Doctor of Law, Professor
Novations in Legal Support of State Policy in a Sphere of Intellectual Property Right in Australia
Страницы / Pages: 123-128
Аннотация / Annotation:
The article covers novations in Australian law of intellectual property. A review of amendments in Australian legislation fixed in the law No.35 ‘Amendments in Intellectual Property Law (in a Section of Facilitations)’ in 2012 is given.
Ключевые слова / Keywords:
a copyright, a right of intellectual property, a patent right, Australia.
Аннотация / Annotation:
The article covers novations in Australian law of intellectual property. A review of amendments in Australian legislation fixed in the law No.35 ‘Amendments in Intellectual Property Law (in a Section of Facilitations)’ in 2012 is given.
Ключевые слова / Keywords:
a copyright, a right of intellectual property, a patent right, Australia.
SEMIVOLKOVA A.M. Semivolkova A.M. – PhD in Law
Responsibility for Breach of Copyrights in the Legislation of France in 19th century
Страницы / Pages: 129-133
Аннотация / Annotation:
The article covers a research of legal regulations of issues of responsibility for breach of the law in France in 19th century. General characteristics of French legislation of a specified period are given. Crime components and responsibilities are investigated.
Ключевые слова / Keywords:
copyrights, an intellectual property right, a legislation in France, 19th century, a retrospective legal analysis, civil law, comparavistics, responsibility.
Аннотация / Annotation:
The article covers a research of legal regulations of issues of responsibility for breach of the law in France in 19th century. General characteristics of French legislation of a specified period are given. Crime components and responsibilities are investigated.
Ключевые слова / Keywords:
copyrights, an intellectual property right, a legislation in France, 19th century, a retrospective legal analysis, civil law, comparavistics, responsibility.
KUSNETSOVA A.M.
Kusnetsova A.M.
–
Intellectual Property in Sport
Страницы / Pages: 134-137
Аннотация / Annotation:
The article covers a research of specifics of regulation of rights of intellectual property in sports and a structure of complex rights.
Ключевые слова / Keywords:
a copyright, a right of intellectual property, broadcasting of sport activities, sport.
PAGES OF HISTORYАннотация / Annotation:
The article covers a research of specifics of regulation of rights of intellectual property in sports and a structure of complex rights.
Ключевые слова / Keywords:
a copyright, a right of intellectual property, broadcasting of sport activities, sport.
GADZHIEVA P.D. Gadzhieva P.D. – PhD in Pedagogy, Associate Professor
Historic and Pedagogic Fundamentals of Legal Development in Russia
Страницы / Pages: 138-146
Аннотация / Annotation:
Issues of history of development of civil and legal education of the youth are discussed. Problems of methodical support of legal courses on various stages of historic development of a society are described.
Ключевые слова / Keywords:
history of law, legal courses, legal consciousness, legal culture, regulatory behavior.
Аннотация / Annotation:
Issues of history of development of civil and legal education of the youth are discussed. Problems of methodical support of legal courses on various stages of historic development of a society are described.
Ключевые слова / Keywords:
history of law, legal courses, legal consciousness, legal culture, regulatory behavior.
IVANOV V.P. Ivanov V.P. – Candidate of History, associate professor
The activity of military clergymen in military education of Russian junior officers in the 19th and early 20th centuries
Страницы / Pages: 147-153
Аннотация / Annotation:
The article presents a brief review of the main directions and contents of military clergymen’s activity in military education in the Russian Army and Navy
Ключевые слова / Keywords:
warrior’s education; military clergymen; essence of war; soldiers’ morale; military discipline; mutual help; faith in the power of arms.
A SCIENTIFIC DEBUTАннотация / Annotation:
The article presents a brief review of the main directions and contents of military clergymen’s activity in military education in the Russian Army and Navy
Ключевые слова / Keywords:
warrior’s education; military clergymen; essence of war; soldiers’ morale; military discipline; mutual help; faith in the power of arms.
IVINSKAYA M.S.
Ivinskaya M.S.
–
Comparative analysis of the legal regulation of the process of M&A in the banking sector of the USA, EU and Russian Federation
Страницы / Pages: 154-161
Аннотация / Annotation:
The paper is devoted to comparative analysis of the legal shpere of the M&A processes regulation in the USA, EU and Russian Federation. Integration processes of adoption of legal basis regulating these transactions are considered.
Ключевые слова / Keywords:
mergers and acquisitions (M&A), sanitation, purchase and assumption (P&A), bridge-bank, antimonopoly policy.
Аннотация / Annotation:
The paper is devoted to comparative analysis of the legal shpere of the M&A processes regulation in the USA, EU and Russian Federation. Integration processes of adoption of legal basis regulating these transactions are considered.
Ключевые слова / Keywords:
mergers and acquisitions (M&A), sanitation, purchase and assumption (P&A), bridge-bank, antimonopoly policy.
RASAEVA H.A. Rasaeva H.A. – Competitor of Russian State University for the Humanities
Legal support of private health system in the Russian Federation
Страницы / Pages: 162-169
Аннотация / Annotation:
In article legal aspects of functioning of private health system in the Russian Federation are considered. The author analyzed the main directions of realization of this system, legal status of the medical organizations and privately practicing the doctors entering into this system, and also tendencies of development of private medical activity in Russia are revealed.
Ключевые слова / Keywords:
health care, medical organization, patient, individual entrepreneur, concept, health, protection, citizens, license, system.
Аннотация / Annotation:
In article legal aspects of functioning of private health system in the Russian Federation are considered. The author analyzed the main directions of realization of this system, legal status of the medical organizations and privately practicing the doctors entering into this system, and also tendencies of development of private medical activity in Russia are revealed.
Ключевые слова / Keywords:
health care, medical organization, patient, individual entrepreneur, concept, health, protection, citizens, license, system.
BAIK O.I.
Baik O.I.
–
Implementation of state symbols in Ukraine and other states: a comparative analysis
Страницы / Pages: 170-178
Аннотация / Annotation:
Legal regulation of using state symbols in Ukraine and other states such as the Russian Federation and the Republic of Belarus are shown in the article. A conclusion of an ability of application of regulations fixed in the legislation of the given states is made.
Ключевые слова / Keywords:
legal regulation, implementation, the Constitution, public attributes and symbols, state symbols, Ukraine state, The Russian Federation, The Republic of Belarus.
Аннотация / Annotation:
Legal regulation of using state symbols in Ukraine and other states such as the Russian Federation and the Republic of Belarus are shown in the article. A conclusion of an ability of application of regulations fixed in the legislation of the given states is made.
Ключевые слова / Keywords:
legal regulation, implementation, the Constitution, public attributes and symbols, state symbols, Ukraine state, The Russian Federation, The Republic of Belarus.