Право и образование
№ 08 • 2014
EDUCATIONAL LAW
SHEREMETYEVA O.YU. Sheremetyeva O.Yu. – candidate of pedagogics
Educational and legal consciousness of parties of educational relationship as a result of accepting one’s own rights and freedoms
Страницы / Pages: 4-11
Аннотация / Annotation:
The article covers the problem of dependence of the legal competence level of teachers from their readiness to accept and exercise their rights and freedoms. The analysis of legal regulation of evaluation process in comprehensive schools demonstrates that the quality of the legal framework does not meet the present-day requirements. Also this article justifies the importance of developing conscious and responsible attitude to one’s own rights and freedoms as the major value characteristic of a personality.
Ключевые слова / Keywords:
legal consciousness, rights and freedoms of parties in the sphere of education, quality of legal relationship, legal education.
Аннотация / Annotation:
The article covers the problem of dependence of the legal competence level of teachers from their readiness to accept and exercise their rights and freedoms. The analysis of legal regulation of evaluation process in comprehensive schools demonstrates that the quality of the legal framework does not meet the present-day requirements. Also this article justifies the importance of developing conscious and responsible attitude to one’s own rights and freedoms as the major value characteristic of a personality.
Ключевые слова / Keywords:
legal consciousness, rights and freedoms of parties in the sphere of education, quality of legal relationship, legal education.
VASILENKO A. Vasilenko A. – Cand. Sc. (Law), Associate Professor
Legal regulation of the use of mobile communication means in the process of education
Страницы / Pages: 12-19
Аннотация / Annotation:
The article deals with the topical issues of mobile communication means use in the process of education, peculiarities of Education Law legal regulation, including content of rights and obligations of education relations subjects based on the terms of the service contract for specialist training. For this purpose, provisions of the Education Code of the Republic of Belarus were used, independent scientific conclusions were drawn.
Ключевые слова / Keywords:
process of education, mobile communication means, Education Code of the Republic of Belarus.
MODERN EDUCATIONАннотация / Annotation:
The article deals with the topical issues of mobile communication means use in the process of education, peculiarities of Education Law legal regulation, including content of rights and obligations of education relations subjects based on the terms of the service contract for specialist training. For this purpose, provisions of the Education Code of the Republic of Belarus were used, independent scientific conclusions were drawn.
Ключевые слова / Keywords:
process of education, mobile communication means, Education Code of the Republic of Belarus.
YANSON S.YU. Yanson S.Yu. – Candidate of Economic Sciences
Continuous education in the sphere of energy saving and energy efficiency increase in the conditions of economy of knowledge
Страницы / Pages: 20-29
Аннотация / Annotation:
In article the main directions of development of economy of knowledge and contents of the concept of continuous education in the sphere of energy saving and energy efficiency increase in the Russian Federation are analyzed. Experience of the organization of the European innovative education systems in the field of new power is considered. Problems of the organization of continuous education in the sphere of an energosberzheniye and energy efficiency increase are characterized.
Ключевые слова / Keywords:
continuous education; economy of knowledge; energy saving; energy efficiency.
Аннотация / Annotation:
In article the main directions of development of economy of knowledge and contents of the concept of continuous education in the sphere of energy saving and energy efficiency increase in the Russian Federation are analyzed. Experience of the organization of the European innovative education systems in the field of new power is considered. Problems of the organization of continuous education in the sphere of an energosberzheniye and energy efficiency increase are characterized.
Ключевые слова / Keywords:
continuous education; economy of knowledge; energy saving; energy efficiency.
KHAIRULLINA E.I.
Khairullina E.I.
–
ORGANIZATION OF INDEPENDENT WORK COLLEGE STUDENTS IN THE MODERNIZATION OF EDUCATION
Страницы / Pages: 30-36
Аннотация / Annotation:
Consider the organization of independent work of students in secondary vocational education in the modernization of education. Revealed that the new educational standards include a substantial change in the content and form, in particular, changing approaches to the organization of independent work of students.
Ключевые слова / Keywords:
secondary professional education, educational standards, professional competence, independent work of students.
Аннотация / Annotation:
Consider the organization of independent work of students in secondary vocational education in the modernization of education. Revealed that the new educational standards include a substantial change in the content and form, in particular, changing approaches to the organization of independent work of students.
Ключевые слова / Keywords:
secondary professional education, educational standards, professional competence, independent work of students.
OSIPOV M.Y. Osipov M.Y. – PhD
On some problems of implementation of the concept of applied baccalaureate in jurisprudence
Страницы / Pages: 37-43
Аннотация / Annotation:
One of the most pressing problems facing the Russian higher education system is the problem of the concept of separation for undergraduate academic and applied. In this regard, there is need to revise the federal state educational standards in the undergraduate degree. This article examines some of the problems and especially the concept of applied of baccalaureate in jurisprudence
Ключевые слова / Keywords:
academic bachelor, applied bachelor’s, federal state educational standards, design, law.
Аннотация / Annotation:
One of the most pressing problems facing the Russian higher education system is the problem of the concept of separation for undergraduate academic and applied. In this regard, there is need to revise the federal state educational standards in the undergraduate degree. This article examines some of the problems and especially the concept of applied of baccalaureate in jurisprudence
Ключевые слова / Keywords:
academic bachelor, applied bachelor’s, federal state educational standards, design, law.
BRAGIN I.A.
Bragin I.A.
–
Formation of the content of teacher training to ensure information security students
Страницы / Pages: 44-51
Аннотация / Annotation:
Views of ensuring information security of subjects of educational system, of the content of training of teachers of higher education institutions are presented in article to ensuring information security of the being trained organizations of professional education.
Ключевые слова / Keywords:
training of teachers, educational process, information security being trained, pedagogical activity of the teacher.
SCIENTIFIC MESSAGESАннотация / Annotation:
Views of ensuring information security of subjects of educational system, of the content of training of teachers of higher education institutions are presented in article to ensuring information security of the being trained organizations of professional education.
Ключевые слова / Keywords:
training of teachers, educational process, information security being trained, pedagogical activity of the teacher.
PONOMARENKO E.W. Ponomarenko E.W. – candidate of jurisprudence, associate professor
Dynamic for development of modern theory of law
Страницы / Pages: 52-59
Аннотация / Annotation:
The author analyses law mastering as a category of theory of law, appeal to the problem of law mastering is connected with ever increasing interest of investigators to the law existence, law being, law matter, signification of a human being in the law space.
Ключевые слова / Keywords:
law axiology, law mastering, humanizes law system.
Аннотация / Annotation:
The author analyses law mastering as a category of theory of law, appeal to the problem of law mastering is connected with ever increasing interest of investigators to the law existence, law being, law matter, signification of a human being in the law space.
Ключевые слова / Keywords:
law axiology, law mastering, humanizes law system.
KOCHETKOV V.V. Kochetkov V.V. – Ph.D.
The Russian legal consciousness and the Russian Constitution of 1993
Страницы / Pages: 60-71
Аннотация / Annotation:
In the article the first time in domestic scientific literature discusses the philosophy of the Russian constitution. The author shows that constitutionalism as a public legal ethics streamlines Russian fundamental values - will and truth. On this basis, analyzes the causes of the failures of Russian constitutional reforms, as well as the modern ethos of the ruling elite.
Ключевые слова / Keywords:
philosophy of the Russian constitution, constitutionalism, volya (freedom), pravda (justice), the elite, patriotism, democracy.
Аннотация / Annotation:
In the article the first time in domestic scientific literature discusses the philosophy of the Russian constitution. The author shows that constitutionalism as a public legal ethics streamlines Russian fundamental values - will and truth. On this basis, analyzes the causes of the failures of Russian constitutional reforms, as well as the modern ethos of the ruling elite.
Ключевые слова / Keywords:
philosophy of the Russian constitution, constitutionalism, volya (freedom), pravda (justice), the elite, patriotism, democracy.
KORABLYOV S. ASSISTANT PROFESSOR Korablyov S. assistant professor – candidate of Sciences (Psychology)
КRASNENKOVA S. Кrasnenkova S. – candidate of Sciences (Psychology)
Socio-psychological characteristics of ideological and legal components of extremist activity
Страницы / Pages: 72-79
Аннотация / Annotation:
The article examines the socio-psychological components of extremist ideology as a system of principles and rules, which stipulate a negative attitude and protest behavior of individual groups to public institutions. The results of investigation of the various manifestations of extremism, its score from positions of social psychology, psychology of personality. Socio-psychological competence of citizens, representatives of power structures should include the necessary minimum of knowledge about the personality of the extremists, the patterns of their destructive activity for the timely detection and prevention of social crises.
Ключевые слова / Keywords:
social psychology, extremism, ideology, radicalism, terrorism, efficiency in law enforcement.
Аннотация / Annotation:
The article examines the socio-psychological components of extremist ideology as a system of principles and rules, which stipulate a negative attitude and protest behavior of individual groups to public institutions. The results of investigation of the various manifestations of extremism, its score from positions of social psychology, psychology of personality. Socio-psychological competence of citizens, representatives of power structures should include the necessary minimum of knowledge about the personality of the extremists, the patterns of their destructive activity for the timely detection and prevention of social crises.
Ключевые слова / Keywords:
social psychology, extremism, ideology, radicalism, terrorism, efficiency in law enforcement.
POLYANINA A.K. Polyanina A.K. – of sociological Sciences
The evolution of ideas about the autonomy of the personality in the history of political, legal and philosophical thought
Страницы / Pages: 80-88
Аннотация / Annotation:
Analysis of views on the nature, properties and legal essence of freedom of personality in the historical retrospective allows to trace the development of the idea of autonomy of the individual before the conceptual exercise, claiming it as a legal principle. The research views the most prominent thinkers, philosophers and jurists of the last relatively substantial start of a free person, opens a separate laws idea depending on socio-cultural component of different epochs.
Ключевые слова / Keywords:
freedom, personality, legal principles, the autonomy of personality, self-expression, democracy, the ideology.
WE DISCUSS THE PROBLEMАннотация / Annotation:
Analysis of views on the nature, properties and legal essence of freedom of personality in the historical retrospective allows to trace the development of the idea of autonomy of the individual before the conceptual exercise, claiming it as a legal principle. The research views the most prominent thinkers, philosophers and jurists of the last relatively substantial start of a free person, opens a separate laws idea depending on socio-cultural component of different epochs.
Ключевые слова / Keywords:
freedom, personality, legal principles, the autonomy of personality, self-expression, democracy, the ideology.
VANEEV O.N. Vaneev O.N. – candidate of science of law
Public advocacy: NPOs’ potential
Страницы / Pages: 89-93
Аннотация / Annotation:
The article covers nonprofit organizations’ (NPOs) activities on public advocacy. There is an analysis of the problems linked with legal defence of public interest on the part of NPOs. Taking into account the growth of citizen activism in Russian cities it is highlighted the necessity of legislation changes that grant to NPOs the right to legal defence of various interests of urban community.
Ключевые слова / Keywords:
NPO, public interest, citizen activism, legal defence, urban community.
Аннотация / Annotation:
The article covers nonprofit organizations’ (NPOs) activities on public advocacy. There is an analysis of the problems linked with legal defence of public interest on the part of NPOs. Taking into account the growth of citizen activism in Russian cities it is highlighted the necessity of legislation changes that grant to NPOs the right to legal defence of various interests of urban community.
Ключевые слова / Keywords:
NPO, public interest, citizen activism, legal defence, urban community.
ANISHCHENKO E.V. Anishchenko E.V. – candidate of economic sciences, associate professor
Intellectualization of the activities of financial investigation as a security tool for sustainable socio -economic development: economic and legal aspects
Страницы / Pages: 94-101
Аннотация / Annotation:
Insufficient development of legal and institutional framework of the system of training and scientific support operational activities of financial investigations extremely negative impact on the effectiveness of their work. This limits the ability of these bodies in the implementation of the conditions of rapid and sustainable development of law enforcement in the field of economy, active influence on the socio-economic situation in the country and, as a consequence, reliable economic security of Russia.
Ключевые слова / Keywords:
law, finance, intellectualization, the bodies of financial investigations, financial security, law enforcement.
Аннотация / Annotation:
Insufficient development of legal and institutional framework of the system of training and scientific support operational activities of financial investigations extremely negative impact on the effectiveness of their work. This limits the ability of these bodies in the implementation of the conditions of rapid and sustainable development of law enforcement in the field of economy, active influence on the socio-economic situation in the country and, as a consequence, reliable economic security of Russia.
Ключевые слова / Keywords:
law, finance, intellectualization, the bodies of financial investigations, financial security, law enforcement.
KOZAEV N.S. Kozaev N.S. – candidate of law sciences
The Management Fulfillment Problems in the Innovation Sphere by Criminal Law Means
Страницы / Pages: 102-110
Аннотация / Annotation:
The article deals with the controversial issues of the legal management through the criminal-legal influence on social relations in the scientific and technical progress sphere in order to ensure innovative security. Furthermore the importance and value of criminal law Institute of reasonable risk and the absolute necessity to stimulate the active position of citizens in the uncertainty conditions reaching the goals and objectives of scientific and technical progress is proved.
Ключевые слова / Keywords:
management; scientific and technical progress; the penal influence; the criminal liability; a reasonable risk; absolute necessity.
Аннотация / Annotation:
The article deals with the controversial issues of the legal management through the criminal-legal influence on social relations in the scientific and technical progress sphere in order to ensure innovative security. Furthermore the importance and value of criminal law Institute of reasonable risk and the absolute necessity to stimulate the active position of citizens in the uncertainty conditions reaching the goals and objectives of scientific and technical progress is proved.
Ключевые слова / Keywords:
management; scientific and technical progress; the penal influence; the criminal liability; a reasonable risk; absolute necessity.
FIRYULINA T.YU. Firyulina T.Yu. – candidate of jurisprudence
Marriage contract as basis of the property relations of spouses
Страницы / Pages: 111-122
Аннотация / Annotation:
The characteristic of the marriage contract is presented in article as institute not only family, but also civil law, the analysis of various points of view regarding, conditions of the conclusion and legal consequences of the marriage contract is given. The author managed to reveal not only theoretical, but also practical problems of the marriage contract which the proposes solutions, adducing the corresponding arguments. Conclusions and the offers formulated in the present article, can be used when lecturing, holding seminars, and also workshops on subjects: “The marriage contract as institute of family and civil law”, “Property rights of the spouses who have signed the marriage contract”.
Ключевые слова / Keywords:
marriage contract, property of spouses, property rights, joint property of spouses, share property of spouses.
PAGES OF HISTORYАннотация / Annotation:
The characteristic of the marriage contract is presented in article as institute not only family, but also civil law, the analysis of various points of view regarding, conditions of the conclusion and legal consequences of the marriage contract is given. The author managed to reveal not only theoretical, but also practical problems of the marriage contract which the proposes solutions, adducing the corresponding arguments. Conclusions and the offers formulated in the present article, can be used when lecturing, holding seminars, and also workshops on subjects: “The marriage contract as institute of family and civil law”, “Property rights of the spouses who have signed the marriage contract”.
Ключевые слова / Keywords:
marriage contract, property of spouses, property rights, joint property of spouses, share property of spouses.
TOLEUBEKOVA B.H. Toleubekova B.H. – doctor of law, professor
Legal and socio-cultural-historical background of the formation, development and strengthening judicial control institute in Kazakhstan
Страницы / Pages: 123-133
Аннотация / Annotation:
Institute of judicial control is sufficiently developed in the classical capital and has a significant influence on the formation and strengthening of the justice of citizens, widespread education of law-abiding behavior in humans that adequately extrapolated into the scope of legal entities. In the Republic of Kazakhstan in the period from 1992 to 1995 functioning Constitutional Court as the highest form of judicial control. Adopted in 1995. second Constitution of sovereign Kazakhstan instead of the Constitutional Court provides the Constitutional Council. This circumstance has radically changed the traditional ideas about the nature, content and form of judicial control, but did not affect the high level of its significance.
Ключевые слова / Keywords:
constitutional, judicial, government, the judiciary, state control, customary law.
Аннотация / Annotation:
Institute of judicial control is sufficiently developed in the classical capital and has a significant influence on the formation and strengthening of the justice of citizens, widespread education of law-abiding behavior in humans that adequately extrapolated into the scope of legal entities. In the Republic of Kazakhstan in the period from 1992 to 1995 functioning Constitutional Court as the highest form of judicial control. Adopted in 1995. second Constitution of sovereign Kazakhstan instead of the Constitutional Court provides the Constitutional Council. This circumstance has radically changed the traditional ideas about the nature, content and form of judicial control, but did not affect the high level of its significance.
Ключевые слова / Keywords:
constitutional, judicial, government, the judiciary, state control, customary law.
KRAVCHUK S.A. Kravchuk S.A. – candidate of historical Sciences, associate Professor
Borderguard regime in the Far East of the USSR in the early postwar years (1945–50s of the XX century)
Страницы / Pages: 134-141
Аннотация / Annotation:
The article reveals the historical experience of the securing of the rules of legal and administrative regimes of the Far Eastern Borderlands in the formation of the new system of borderguard security of the USSR after the Second World War.
Ключевые слова / Keywords:
boundary regime in the USSR, far Eastern frontier, the border security of the USSR, the borderguard troops, the borderguard policy of the USSR
Аннотация / Annotation:
The article reveals the historical experience of the securing of the rules of legal and administrative regimes of the Far Eastern Borderlands in the formation of the new system of borderguard security of the USSR after the Second World War.
Ключевые слова / Keywords:
boundary regime in the USSR, far Eastern frontier, the border security of the USSR, the borderguard troops, the borderguard policy of the USSR
SAFONOV V.N. Safonov V.N. – candidate of philosophical sciences, docent
Lessons of Ancient Rome
Страницы / Pages: 142-148
Аннотация / Annotation:
In this article the political institutions and views of the time of the ancient Roman republic are investigated. Today, at the beginningof 21st century the experience of ancient Rome can be extremely valuable to democracy development in several countries. Mechanisms with the help of which the balance of interests between plebeians and patricians was reached are very similar to the system of controls and counterbalances of modern political systems in democratic states. This is the reason why the political heritage of this great antique state is useful today more than ever before.
Ключевые слова / Keywords:
the structure of power in ancient Rome, Polybius, Cicero, People’s Assembly, senate, consulate, Tribunes of the People, system of controls and counterbalances, monarchy, aristocracy, democracy, tyranny, oligarchy, ochlocracy.
SCIENTIFIC DEBUTАннотация / Annotation:
In this article the political institutions and views of the time of the ancient Roman republic are investigated. Today, at the beginningof 21st century the experience of ancient Rome can be extremely valuable to democracy development in several countries. Mechanisms with the help of which the balance of interests between plebeians and patricians was reached are very similar to the system of controls and counterbalances of modern political systems in democratic states. This is the reason why the political heritage of this great antique state is useful today more than ever before.
Ключевые слова / Keywords:
the structure of power in ancient Rome, Polybius, Cicero, People’s Assembly, senate, consulate, Tribunes of the People, system of controls and counterbalances, monarchy, aristocracy, democracy, tyranny, oligarchy, ochlocracy.
TYNALIEV R.K. Tynaliev R.K. – graduated in a military academy
Legal bases of social protection of the military personnel of the Kyrgyz Republic
Страницы / Pages: 149-159
Аннотация / Annotation:
In article the maintenance of major factors of social protection of the military personnel providing is analysed: realization of their rights, privileges, guarantees and compensations by public authorities, bodies of military management and local governments; providing with the material and spiritual benefits, all types of an allowance, including the housing, compensating to difficulty of a military life; existence of guaranteed free time, opportunity to be engaged in self-education, education of children, increase of the cultural level; implementation of protection of personal advantage from an arbitrariness, social injustice, roughness, and also life and health protection.
Ключевые слова / Keywords:
social protection of the military personnel, privileges, work incentives of the military personnel.
Аннотация / Annotation:
In article the maintenance of major factors of social protection of the military personnel providing is analysed: realization of their rights, privileges, guarantees and compensations by public authorities, bodies of military management and local governments; providing with the material and spiritual benefits, all types of an allowance, including the housing, compensating to difficulty of a military life; existence of guaranteed free time, opportunity to be engaged in self-education, education of children, increase of the cultural level; implementation of protection of personal advantage from an arbitrariness, social injustice, roughness, and also life and health protection.
Ключевые слова / Keywords:
social protection of the military personnel, privileges, work incentives of the military personnel.
O.V. ELISEEV
O.V. Eliseev
–
Institutional bases of state defense order
Страницы / Pages: 160-173
Аннотация / Annotation:
The article analyzes the institutional bases of formation, placement and execution of the state defense order. The author considers the leading role of the military-industrial complex of Russia, shows it as a scientific-technical and industrial-technological base of the State program of weaponry and the state defense order. The article states the influence of the state defense order on the defense and security of the country.
Ключевые слова / Keywords:
state defense order; State program of weaponry; the contracting authority; military-industrial complex.
REVIEWSАннотация / Annotation:
The article analyzes the institutional bases of formation, placement and execution of the state defense order. The author considers the leading role of the military-industrial complex of Russia, shows it as a scientific-technical and industrial-technological base of the State program of weaponry and the state defense order. The article states the influence of the state defense order on the defense and security of the country.
Ключевые слова / Keywords:
state defense order; State program of weaponry; the contracting authority; military-industrial complex.
DOGADAILO E.YU. Dogadailo E.Yu. – doctor of Sciences (Law), associate Professor
The problem of the normative understanding of the nature and essence of religious secret in the context of the realization of the constitutional freedom of religion
Страницы / Pages: 174-176
Аннотация / Annotation:
Review of the scientific monograph of K.M.Andreev «The Right to religious secret in the Russian Federation (theory and practice)» (Moscow, «Jurisprudence», 2014, 184 s.)
Ключевые слова / Keywords:
freedom of belief, religion, constitutional rights and freedoms, religious secret, mystery of confession, professional secret.
Аннотация / Annotation:
Review of the scientific monograph of K.M.Andreev «The Right to religious secret in the Russian Federation (theory and practice)» (Moscow, «Jurisprudence», 2014, 184 s.)
Ключевые слова / Keywords:
freedom of belief, religion, constitutional rights and freedoms, religious secret, mystery of confession, professional secret.