Право и образование
№ 08 • 2016
A THEORY OF LAW
LANOVAYA G.M. Lanovaya G.M. – Doctor of Law, Associate Professor
Freedom of subjects of private law: formulation of the problem
Страницы / Pages: 4-9
Аннотация / Annotation:
The article is devoted to solving the question of what determines a measure of freedom, the provision of which the subjects of private law is optimal from the point of view of the goals and objectives of private law regulation. The author argues that the establishment of the boundaries of freedom of subjects of private law is inextricably linked to the distribution and summarization of responsibilities, which is part of both the normative and individual legal regulation.
Ключевые слова / Keywords:
private law, subject of law, freedom, normative legal regulation, individual legal regulation, contract, liability.
Аннотация / Annotation:
The article is devoted to solving the question of what determines a measure of freedom, the provision of which the subjects of private law is optimal from the point of view of the goals and objectives of private law regulation. The author argues that the establishment of the boundaries of freedom of subjects of private law is inextricably linked to the distribution and summarization of responsibilities, which is part of both the normative and individual legal regulation.
Ключевые слова / Keywords:
private law, subject of law, freedom, normative legal regulation, individual legal regulation, contract, liability.
A.V. DEMIN A.V. Demin – Doctor of Law, professor
The Responsive Regulation Conсeption as a New Paradigm of Tax Administration
Страницы / Pages: 10-17
Аннотация / Annotation:
The author considers the responsive regulation conception as a new paradigm of tax administration that is actively implemented in practice. The main thing in this concept is the mutual trust of the parties and a conscious desire to cooperate between taxpayers and regulators. In the discourse used terms such as “fair play”, “mutual respect”, “voluntary compliance”, “regulatory conversations”, “interpersonal nexus” and so. The goal of the legislator is to encourage taxpayers to partnerships with tax authorities and to the voluntary compliance with tax obligations. This managerial impact should be differentiated depending on that, how consistently and in good faith the taxpayer complies with the tax legislation.
Ключевые слова / Keywords:
tax administration, responsive regulation, command and control model, tax monitoring, voluntary compliance.
Аннотация / Annotation:
The author considers the responsive regulation conception as a new paradigm of tax administration that is actively implemented in practice. The main thing in this concept is the mutual trust of the parties and a conscious desire to cooperate between taxpayers and regulators. In the discourse used terms such as “fair play”, “mutual respect”, “voluntary compliance”, “regulatory conversations”, “interpersonal nexus” and so. The goal of the legislator is to encourage taxpayers to partnerships with tax authorities and to the voluntary compliance with tax obligations. This managerial impact should be differentiated depending on that, how consistently and in good faith the taxpayer complies with the tax legislation.
Ключевые слова / Keywords:
tax administration, responsive regulation, command and control model, tax monitoring, voluntary compliance.
VINNITSKIY I.E. Vinnitskiy I.E. – candidate of jurisprudence
KHACHATURYAN M.V. Khachaturyan M.V. – doctor of historical Sciences, Professor
Requirements of law
Страницы / Pages: 18-28
Аннотация / Annotation:
The article investigates the role of the rule of law from the perspective of the requirements. Requirements of law are analyzed in narrow and broad sense. Legitimacy is seen as a complex political-legal phenomenon and as a principle of law. The analysis of the emergence of the rule of law, legality, and legality of the law’s implementation. It outlined some ways to increase the sense of justice, the formation of the rule of law and the rule of law in Russia.
Ключевые слова / Keywords:
law, state, right, law, lawful behavior, consciousness, legal culture.
MODERN EDUCATIONАннотация / Annotation:
The article investigates the role of the rule of law from the perspective of the requirements. Requirements of law are analyzed in narrow and broad sense. Legitimacy is seen as a complex political-legal phenomenon and as a principle of law. The analysis of the emergence of the rule of law, legality, and legality of the law’s implementation. It outlined some ways to increase the sense of justice, the formation of the rule of law and the rule of law in Russia.
Ключевые слова / Keywords:
law, state, right, law, lawful behavior, consciousness, legal culture.
ALEKHIN A.I. Alekhin A.I. – doctor of pedagogical Sciences, Professor
CHESNOKOV N.A. Chesnokov N.A. – candidate of pedagogical Sciences, associate Professor
Standardization of higher education of the Russian Federation (for example, training of lawyers)
Страницы / Pages: 29-45
Аннотация / Annotation:
The article presents the history of the development of standards of higher education of the Russian Federation (on the example of training of lawyers). The list of training directions and specialties of higher education (higher vocational education) and corresponding standards of legal education.
Ключевые слова / Keywords:
list of training directions and specialties of higher education (higher professional education), state educational standards, Federal state educational standards.
Аннотация / Annotation:
The article presents the history of the development of standards of higher education of the Russian Federation (on the example of training of lawyers). The list of training directions and specialties of higher education (higher vocational education) and corresponding standards of legal education.
Ключевые слова / Keywords:
list of training directions and specialties of higher education (higher professional education), state educational standards, Federal state educational standards.
KHAERDINOV I.M. Khaerdinov I.M. – candidate of pedagogical Sciences
The integration of scientific and educational resources as a mechanism to enhance the competitiveness of the training of aviation personnel
Страницы / Pages: 46-55
Аннотация / Annotation:
The article deals with the development of an effective mechanism for the aviation industry – the integration of scientific and educational resources and industrial potential of the region, illustrated by the example of the Ulyanovsk region, which houses the largest enterprises of the aviation industry.
Ключевые слова / Keywords:
integration, civil aviation, scientific, educational and production cluster, professional aviation education.
Аннотация / Annotation:
The article deals with the development of an effective mechanism for the aviation industry – the integration of scientific and educational resources and industrial potential of the region, illustrated by the example of the Ulyanovsk region, which houses the largest enterprises of the aviation industry.
Ключевые слова / Keywords:
integration, civil aviation, scientific, educational and production cluster, professional aviation education.
SOLOVYOVA T.A. Solovyova T.A. – doctor of pedagogical sciences, professor
MAKARKINA O.E. Makarkina O.E. – сandidate of pedagogicall sciences, assistant professor
Development of the intellectual students’ culture as to their intellectual and psychological gender
Страницы / Pages: 56-62
Аннотация / Annotation:
The article presents the results of studying the structural components of the intellectual culture of students, the dependence of its development on the kind of intellectual and psychological gender of students in higher education.
Ключевые слова / Keywords:
components of intellectual culture: cognitive-axiological, instrumental, motivational-volitional, emotional, creative; criteria and indicators of intellectual and psychological sex; intellectual masculinity; intellectual femininity.
Аннотация / Annotation:
The article presents the results of studying the structural components of the intellectual culture of students, the dependence of its development on the kind of intellectual and psychological gender of students in higher education.
Ключевые слова / Keywords:
components of intellectual culture: cognitive-axiological, instrumental, motivational-volitional, emotional, creative; criteria and indicators of intellectual and psychological sex; intellectual masculinity; intellectual femininity.
MELNICHENKO R.G. Melnichenko R.G. – PhD in law, Associate Professor
Avoidance response as a communication difficulty in legal education
Страницы / Pages: 63-68
Аннотация / Annotation:
The article is updated like this kind of communication difficulties such as refusal of the student from participation in educational communication. The reasons of such behavior, as well as possible measures to overcome this difficulty.
Ключевые слова / Keywords:
interactivity, communication difficulty, evading the answer.
Аннотация / Annotation:
The article is updated like this kind of communication difficulties such as refusal of the student from participation in educational communication. The reasons of such behavior, as well as possible measures to overcome this difficulty.
Ключевые слова / Keywords:
interactivity, communication difficulty, evading the answer.
PLOCKAYA O.A. Plockaya O.A. – candidate of legal sciences, associate professor
Interactivestudy ofPermiancustomarylegal institutionsas a way togenerate PC-1
Страницы / Pages: 69-77
Аннотация / Annotation:
The article is devoted to features of the interactive study Perm customary institutions. Presents some innovative approaches and proposals in the teaching of ethnic customary law, as well as the method for generating PС-1, mounted in Those. Special attention is given to such interactive methods of improvement the educational process in the framework of the existing competence-based approach as a codification of customary ethnic law.
Ключевые слова / Keywords:
ethnic customary law, customary legal institutions, the peoples of Perm and Komi-Zyryans, Komi-Permians, the Udmurts, professional competence, codification, GEF.
HOT TOPICАннотация / Annotation:
The article is devoted to features of the interactive study Perm customary institutions. Presents some innovative approaches and proposals in the teaching of ethnic customary law, as well as the method for generating PС-1, mounted in Those. Special attention is given to such interactive methods of improvement the educational process in the framework of the existing competence-based approach as a codification of customary ethnic law.
Ключевые слова / Keywords:
ethnic customary law, customary legal institutions, the peoples of Perm and Komi-Zyryans, Komi-Permians, the Udmurts, professional competence, codification, GEF.
EVDOKIMOV V.B. Evdokimov V.B. – doctor of legal Sciences, professor
The priority jurisdiction of the constitutional Court of the Russian Federation before the international law
Страницы / Pages: 78-83
Аннотация / Annotation:
In article on the basis of the analysis of the norms and provisions of the Constitution of the Russian Federation and the decisions of the constitutional Court of the Russian Federation and the European Court of human rights raises the question of priority of jurisdiction of the constitutional Court of Russia to norms of international law.
Ключевые слова / Keywords:
constitutional court of the Russian Federation, the European court of human rights, the Constitution of the Russian Federation, state sovereignty, the decision of the constitutional Court of the Russian Federation.
Аннотация / Annotation:
In article on the basis of the analysis of the norms and provisions of the Constitution of the Russian Federation and the decisions of the constitutional Court of the Russian Federation and the European Court of human rights raises the question of priority of jurisdiction of the constitutional Court of Russia to norms of international law.
Ключевые слова / Keywords:
constitutional court of the Russian Federation, the European court of human rights, the Constitution of the Russian Federation, state sovereignty, the decision of the constitutional Court of the Russian Federation.
ANISHCHENKO E.V. Anishchenko E.V. – candidate of economic sciences, associate professor
Development of theoretical ideas about the economic sustainability of subjects of federation the study of economic and legal subjects
Страницы / Pages: 84-96
Аннотация / Annotation:
Currently reasonably actualized the problem of the theoretical foundations and mechanisms of economic security and sustainable economic development of Russia. Economic sustainability Federation was and is still the subject of study in the economic and legal education programs and the subject of extensive debate among scientists. This is quite understandable if we consider the category is not given as a kind of dogma, but as a real object of scientific analysis.
Ключевые слова / Keywords:
economic system, economic security, economic stability, economic statics, economic dynamics.
Аннотация / Annotation:
Currently reasonably actualized the problem of the theoretical foundations and mechanisms of economic security and sustainable economic development of Russia. Economic sustainability Federation was and is still the subject of study in the economic and legal education programs and the subject of extensive debate among scientists. This is quite understandable if we consider the category is not given as a kind of dogma, but as a real object of scientific analysis.
Ключевые слова / Keywords:
economic system, economic security, economic stability, economic statics, economic dynamics.
VASILCHENKO A.A. Vasilchenko A.A. – candidate of jurisprudence, docent
Legal basis for verification of the text originality with dedicated software
Страницы / Pages: 97-103
Аннотация / Annotation:
The article is dedicated to analysis the legal grounds for checking texts of final qualifying works, competitive research projects, research papers, dissertations for academic degrees, educational and scientific publications on the originality of manuscripts using specialized software.
Ключевые слова / Keywords:
copyright and related rights, assignment of authorship, plagiarism, antiplagiat, specialized software, responsibilities.
Аннотация / Annotation:
The article is dedicated to analysis the legal grounds for checking texts of final qualifying works, competitive research projects, research papers, dissertations for academic degrees, educational and scientific publications on the originality of manuscripts using specialized software.
Ключевые слова / Keywords:
copyright and related rights, assignment of authorship, plagiarism, antiplagiat, specialized software, responsibilities.
FIRSOV I.V. Firsov I.V. – PhD
IMPROVING THE INFORMATION INTERACTION IN SOLVING PROBLEMS OF ECONOMIC SECURITY OF THE RUSSIAN FEDERATION IN MODERN CONDITIONS
Страницы / Pages: 104-111
Аннотация / Annotation:
The article gives general characteristics of information interaction of the state, including law enforcement agencies, in solving problems of economic security of the Russian Federation, revealed the problems and proposed ways of overcoming them.
Ключевые слова / Keywords:
economic security, informational interaction, the system of economic security.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article gives general characteristics of information interaction of the state, including law enforcement agencies, in solving problems of economic security of the Russian Federation, revealed the problems and proposed ways of overcoming them.
Ключевые слова / Keywords:
economic security, informational interaction, the system of economic security.
VASYUKOV V.F. Vasyukov V.F. – PhD
To the question about the essence of the traces of crimes committed in the sphere of information and communication technologies
Страницы / Pages: 112-118
Аннотация / Annotation:
In the article the author considers the problems associated with investigating crimes in the field of communication technology, analyzes the position of scientists, which identifies the new category of forensic trace analysis.
Ключевые слова / Keywords:
footprint, crime, cyberspace, trace picture, high technology.
Аннотация / Annotation:
In the article the author considers the problems associated with investigating crimes in the field of communication technology, analyzes the position of scientists, which identifies the new category of forensic trace analysis.
Ключевые слова / Keywords:
footprint, crime, cyberspace, trace picture, high technology.
VOYTOVICH L.V. Voytovich L.V. – Candidate of Juridical Sciences, Associate Professor
Innovation of the procedural representation in the administrative procedural laws.
Страницы / Pages: 119-126
Аннотация / Annotation:
In the present article the author considers some innovations dedicated to the procedural representation in administrativecourt proceedings, and makes proposals to improve the legal regulation of this institute.
Ключевые слова / Keywords:
administrative court proceedings, representation in the administrative proceedings.
Аннотация / Annotation:
In the present article the author considers some innovations dedicated to the procedural representation in administrativecourt proceedings, and makes proposals to improve the legal regulation of this institute.
Ключевые слова / Keywords:
administrative court proceedings, representation in the administrative proceedings.
GUSEV A.V. Gusev A.V. – candidate of law Sciences
On the question of international treaties referring to the number of sources, regulating the activities of the law enforcement authorities
Страницы / Pages: 127-135
Аннотация / Annotation:
The article analyzes the social relations of a legal nature, folding due to ambiguous interpretation by modern scholars and practitioners rule contained in h. 4 Art. 15 of the Russian Constitution, which led to the existence of different points of view on the issue of classification of international agreements among domestic regulators of social relations in general and the activities of the law enforcement authorities in particular. As a result of analysis of a number of normative legal acts and doctrines, the author formulated proposals for the unification of the rules, disclosing the status of international agreements in the framework of the Russian legal system.
Ключевые слова / Keywords:
the law enforcement bodies, international treaties, the source of national law, international cooperation.
Аннотация / Annotation:
The article analyzes the social relations of a legal nature, folding due to ambiguous interpretation by modern scholars and practitioners rule contained in h. 4 Art. 15 of the Russian Constitution, which led to the existence of different points of view on the issue of classification of international agreements among domestic regulators of social relations in general and the activities of the law enforcement authorities in particular. As a result of analysis of a number of normative legal acts and doctrines, the author formulated proposals for the unification of the rules, disclosing the status of international agreements in the framework of the Russian legal system.
Ключевые слова / Keywords:
the law enforcement bodies, international treaties, the source of national law, international cooperation.
KATCHALOV V.YU. Katchalov V.Yu. – Candidate of sociological sciences, associate professor
Higher legal education is a criterion of participation in court proceedings, considered by the rules of the Code of Administrative Procedure Code
Страницы / Pages: 136-141
Аннотация / Annotation:
This article points to the timeliness and importance of the adoption in 2015 of the Code of Administrative Procedure Code. The article points out the controversial issues of availability of higher legal education among the participants of administrative cases in the order of the RF Code of Administrative Procedure. The author analyzes the evolving jurisprudence on the issue at the level of the Supreme Court of the Russian Federation, and at the level of subjects of the Federation ships. The question of the constitutionality of the requirement of a higher legal education at the representatives of the parties; people involved in the case in person, as well as the sole executive bodies of the organizations. The author concludes on the need to improve the Code of Administrative Procedure of the Russian Federation for the implementation of constitutional rights and legitimate interests of citizens.
Ключевые слова / Keywords:
the Code of Administrative Procedure of the Russian Federation, higher legal education, litigation, representation in court.
PAGES OF HISTORYАннотация / Annotation:
This article points to the timeliness and importance of the adoption in 2015 of the Code of Administrative Procedure Code. The article points out the controversial issues of availability of higher legal education among the participants of administrative cases in the order of the RF Code of Administrative Procedure. The author analyzes the evolving jurisprudence on the issue at the level of the Supreme Court of the Russian Federation, and at the level of subjects of the Federation ships. The question of the constitutionality of the requirement of a higher legal education at the representatives of the parties; people involved in the case in person, as well as the sole executive bodies of the organizations. The author concludes on the need to improve the Code of Administrative Procedure of the Russian Federation for the implementation of constitutional rights and legitimate interests of citizens.
Ключевые слова / Keywords:
the Code of Administrative Procedure of the Russian Federation, higher legal education, litigation, representation in court.
MATYUSHEVA T.N. Matyusheva T.N. – Doctor of Law
Evolution of the right to additional education in the education system of the USSR and the Russian Federation
Страницы / Pages: 142-149
Аннотация / Annotation:
The article investigates the evolution of the right to further education in the system of the USSR and the Russian education on the Constitution of the RSFSR, 1918 to the Federal Law of 29.12.2012 N 273-FZ “On Education in the Russian Federation.” The solution of this problem could contribute not only to study the problems of establishing the right to further education, but also offer advanced solutions.
Ключевые слова / Keywords:
the right to education, additional education, the constitutional status of a person, spiritual value, new legal possibilities.
Аннотация / Annotation:
The article investigates the evolution of the right to further education in the system of the USSR and the Russian education on the Constitution of the RSFSR, 1918 to the Federal Law of 29.12.2012 N 273-FZ “On Education in the Russian Federation.” The solution of this problem could contribute not only to study the problems of establishing the right to further education, but also offer advanced solutions.
Ключевые слова / Keywords:
the right to education, additional education, the constitutional status of a person, spiritual value, new legal possibilities.
KOCHETKOV V.V. Kochetkov V.V. – candidate of philosophical Sciences
Doctrines of federal and unitary states in the Russian political and legal thought in second half of XIX – early XX century
Страницы / Pages: 150-159
Аннотация / Annotation:
In the second half of XIX – early XX century in the domestic political and legal thought there was a discussion between supporters of autonomy and federalization of the individual regions of Russia. The first thought that the Russian Empire at that time had no equal regions that could exist independently and therefore to act as full subjects of full value of the federation. The latter believed that only a federation allows giving a legal response to the challenges of nationalism and proletarian internationalism in the Bolshevik version. Unfortunately, the Russian constitutionalism of that time failed in 1917.
Ключевые слова / Keywords:
constitutionalism, federalism, autonomy, state, form of government, Russian Empire in the second half of XIX – early XX century.
Аннотация / Annotation:
In the second half of XIX – early XX century in the domestic political and legal thought there was a discussion between supporters of autonomy and federalization of the individual regions of Russia. The first thought that the Russian Empire at that time had no equal regions that could exist independently and therefore to act as full subjects of full value of the federation. The latter believed that only a federation allows giving a legal response to the challenges of nationalism and proletarian internationalism in the Bolshevik version. Unfortunately, the Russian constitutionalism of that time failed in 1917.
Ключевые слова / Keywords:
constitutionalism, federalism, autonomy, state, form of government, Russian Empire in the second half of XIX – early XX century.
TOROPKIN A.I. Toropkin A.I. – PhD in History, Assistant Professor
KEZHUTIN A.N. Kezhutin A.N. – PhD in History
Granting of preferential pensions of medical workers in the Russian empire
Страницы / Pages: 160-165
Аннотация / Annotation:
The paper examines the origin of the pension legislation in the Russian Empire during the 18th–19th centuries. The authors compare mechanisms of legal regulation of the pension law of imperial Russia. Historical experience of the pension law is summarized.
Ключевые слова / Keywords:
Russian history, pension rights, preferential pension, medical workers.
Аннотация / Annotation:
The paper examines the origin of the pension legislation in the Russian Empire during the 18th–19th centuries. The authors compare mechanisms of legal regulation of the pension law of imperial Russia. Historical experience of the pension law is summarized.
Ключевые слова / Keywords:
Russian history, pension rights, preferential pension, medical workers.
KOVALEV К.S. Kovalev К.S. – graduate student
Military legal system of the XVIII century Russia
Страницы / Pages: 166-170
Аннотация / Annotation:
The article sees into the process of formation of the legal system in the Russian army of the 18th century. It studies the basic provisions which have an impact on its formation, as well as provides a brief analysis of the legislative activities of the rulers of the Russian Empire in the field of research.
Ключевые слова / Keywords:
the legal system, the unified method of military recruitment, the organizational structure of the army, education system and training of military personnel, conscription, recruit, military schools, the legal framework of military logistics, army regulations, the military oath, the decree “On freedom of the nobility,” the regulation of military service, regular army.
Аннотация / Annotation:
The article sees into the process of formation of the legal system in the Russian army of the 18th century. It studies the basic provisions which have an impact on its formation, as well as provides a brief analysis of the legislative activities of the rulers of the Russian Empire in the field of research.
Ключевые слова / Keywords:
the legal system, the unified method of military recruitment, the organizational structure of the army, education system and training of military personnel, conscription, recruit, military schools, the legal framework of military logistics, army regulations, the military oath, the decree “On freedom of the nobility,” the regulation of military service, regular army.