Право и образование
№ 08 • 2017
EDUCATIONAL LAW
GOLOVINA S.YU Golovina S.Yu – PhD
NOVIKOVA N.V. Novikova N.V. – Candidate of Juridical Sciences
Problems of the application by employers of professional standards (for example, educational institutions of higher education)
Страницы / Pages: 4-16
Аннотация / Annotation:
New Russian labour legislation norms, employee qualification and the professional standard precedence are analyzed. The problems of applying professional standards practice are being raised.
Ключевые слова / Keywords:
Qualification of the employee, level of qualification, professional standard, labor function, professional standard of pedagogical workers of vocational education.
Аннотация / Annotation:
New Russian labour legislation norms, employee qualification and the professional standard precedence are analyzed. The problems of applying professional standards practice are being raised.
Ключевые слова / Keywords:
Qualification of the employee, level of qualification, professional standard, labor function, professional standard of pedagogical workers of vocational education.
MATYUSHEVA T.N. Matyusheva T.N. – Doctor of Law
The general, special and individual in the situation of children with disabilities
Страницы / Pages: 17-23
Аннотация / Annotation:
A total of qualification signs in the situation of children with disabilities. The absence of these differences allows unity overall condition. Special social status of children with disabilities in the implementation of the constitutional right to education determines the specific features of their situation.
Ключевые слова / Keywords:
children with disabilities, children the concept of general, special and individual status with disabilities, correction of developmental disorders and social adaptation, special social status
Аннотация / Annotation:
A total of qualification signs in the situation of children with disabilities. The absence of these differences allows unity overall condition. Special social status of children with disabilities in the implementation of the constitutional right to education determines the specific features of their situation.
Ключевые слова / Keywords:
children with disabilities, children the concept of general, special and individual status with disabilities, correction of developmental disorders and social adaptation, special social status
KIRILLOVYH A.A. Kirillovyh A.A. – PhD, Assistant Professor
Students recovery in educational organizations of higher education: problem of mechanism and legal regulation
Страницы / Pages: 24-31
Аннотация / Annotation:
This article deals with the problem of the legal regulation of issues concerning reconstruction enrolled in educational organizations of higher education. Conclusion that, as a solution of normative and technical problems and to improve the legal regulation in this part, it is proposed to create local regulations planned nature, dealing with the substantive and procedural aspects of the recovery process.
Ключевые слова / Keywords:
educational organization, expel, restoration, studying, statutes, regulations.
Аннотация / Annotation:
This article deals with the problem of the legal regulation of issues concerning reconstruction enrolled in educational organizations of higher education. Conclusion that, as a solution of normative and technical problems and to improve the legal regulation in this part, it is proposed to create local regulations planned nature, dealing with the substantive and procedural aspects of the recovery process.
Ключевые слова / Keywords:
educational organization, expel, restoration, studying, statutes, regulations.
PORTNOVА E.V. Portnovа E.V. – PhD in Law, associate Professor
Protection of the right to education the constitutional (Charter) courts of constituent entities of the Russian Federation
Страницы / Pages: 32-39
Аннотация / Annotation:
This article argues that the current concept of the rights and freedoms of the individual in conjunction with the constitutional principles of the legal status of a person was crucial in the activities of the constitutional (Charter) courts of constituent entities of the Russian Federation in determining their own legal positions. Analysis of the legal positions of the constitutional and statutory courts allows us to conclude that these bodies have elaborated on the content of this right, and identified the conditions and guarantees of its realization.
Ключевые слова / Keywords:
the right to education, the legal positions of the constitutional and statutory courts a constitutional complaint, the constitutional justice.
MODERN EDUCATIONАннотация / Annotation:
This article argues that the current concept of the rights and freedoms of the individual in conjunction with the constitutional principles of the legal status of a person was crucial in the activities of the constitutional (Charter) courts of constituent entities of the Russian Federation in determining their own legal positions. Analysis of the legal positions of the constitutional and statutory courts allows us to conclude that these bodies have elaborated on the content of this right, and identified the conditions and guarantees of its realization.
Ключевые слова / Keywords:
the right to education, the legal positions of the constitutional and statutory courts a constitutional complaint, the constitutional justice.
IVANOV I.S. Ivanov I.S. – candidate of jurisprudence, associate professor
KUSKOV A.S.
Kuskov A.S.
–
Master-class as interactive method of the organization training bachelors of law
Страницы / Pages: 40-53
Аннотация / Annotation:
In article master-classes as one of interactive methods of the organization of training of bachelors of law are considered. Definition of a legal master-class is formulated, their classification is presented, differentiation of master-classes and meetings with experts is made. The algorithm of the organization and holding legal master-classes is developed. Conclusions about the directions of development of this method of training for the purpose of the organization effective system of training bachelors of law are drawn.
Ключевые слова / Keywords:
bachelor of law; meetings with experts; interactive methods; master-class; expert.
Аннотация / Annotation:
In article master-classes as one of interactive methods of the organization of training of bachelors of law are considered. Definition of a legal master-class is formulated, their classification is presented, differentiation of master-classes and meetings with experts is made. The algorithm of the organization and holding legal master-classes is developed. Conclusions about the directions of development of this method of training for the purpose of the organization effective system of training bachelors of law are drawn.
Ключевые слова / Keywords:
bachelor of law; meetings with experts; interactive methods; master-class; expert.
KOLOTKINA O.A. Kolotkina O.A. – Candidate of Legal Sciences, associate Professor
YAGOFAROVA I.D. Yagofarova I.D. – Candidate of Legal Sciences, associate Professor
To the question about opening a new profile «lawyer in the field of competition law» the direction of law
Страницы / Pages: 54-59
Аннотация / Annotation:
In the article the basic preconditions of opening a new profile «lawyer in the field of competition law» in the direction of training 40.03.01 Law (undergraduate level).
Ключевые слова / Keywords:
competition law, a lawyer in the competition law, Antimonopoly regulation, the Atlas of new professions.
Аннотация / Annotation:
In the article the basic preconditions of opening a new profile «lawyer in the field of competition law» in the direction of training 40.03.01 Law (undergraduate level).
Ключевые слова / Keywords:
competition law, a lawyer in the competition law, Antimonopoly regulation, the Atlas of new professions.
BONDARENKO D.V. Bondarenko D.V. – candidate of legal Sciences
BONDARENKO A.S.
Bondarenko A.S.
–
What can be the criteria for allocation of quotas for foreign students?
Страницы / Pages: 60-67
Аннотация / Annotation:
Attracting foreign citizens to study in Russian educational organizations – the most important geopolitical task for Russia. The experience of foreign countries (particularly countries members of the OECD: Australia, UK, Germany, USA, France) exploiting the potential of national education to strengthen the overall image of the state, proves the efficiency of public investment in support and promotion of national systems of education abroad. Russian higher education also offers significant possibilities of deeper integration in the global higher education environment, including through the new priorities of the state policy of the Russian Federation. Development of this activity critical reflection and development of criteria for the quota allocation.
Ключевые слова / Keywords:
training of foreign citizens, quota, criteria for the allocation of quotas of the Russian educational organization.
Аннотация / Annotation:
Attracting foreign citizens to study in Russian educational organizations – the most important geopolitical task for Russia. The experience of foreign countries (particularly countries members of the OECD: Australia, UK, Germany, USA, France) exploiting the potential of national education to strengthen the overall image of the state, proves the efficiency of public investment in support and promotion of national systems of education abroad. Russian higher education also offers significant possibilities of deeper integration in the global higher education environment, including through the new priorities of the state policy of the Russian Federation. Development of this activity critical reflection and development of criteria for the quota allocation.
Ключевые слова / Keywords:
training of foreign citizens, quota, criteria for the allocation of quotas of the Russian educational organization.
SHUBINA I.V. Shubina I.V. – candidate of pedagogical Sciences, associate Professor
Monitoring effectiveness dejatelnostnoy strategy building university educational environment
Страницы / Pages: 68-75
Аннотация / Annotation:
In the article the questions of the activity-based strategy as a tool for achieving the objectives in the formation of the educational environment of the University. Reveals the importance of monitoring to assess its effectiveness using the feature of the build system.
Ключевые слова / Keywords:
educational environment, strategy, activity strategy, monitoring, monitoring the effectiveness of activity strategy.
Аннотация / Annotation:
In the article the questions of the activity-based strategy as a tool for achieving the objectives in the formation of the educational environment of the University. Reveals the importance of monitoring to assess its effectiveness using the feature of the build system.
Ключевые слова / Keywords:
educational environment, strategy, activity strategy, monitoring, monitoring the effectiveness of activity strategy.
AKCHURIN A.V. Akchurin A.V. – candidate of legal sciences, assistant professor
MASLENNIKOV E.E. Maslennikov E.E. – candidate of legal sciences
The choice of the theme of the candidate’s dissertation in the field of legal science: problems and ways of their solution
Страницы / Pages: 76-81
Аннотация / Annotation:
In a scientific article based on the author’s personal experience, observation the process of preparation of scientific and pedagogical staff analyzed the procedure of choosing of the theme of dissertation research for the scientific degree of candidate of legal sciences. Identified three main methods that use postgraduate students and adjuncts to determine their own future scientific research. Based on the study of the presented methods formulated recommendations for the choice of the theme of the candidate’s dissertation.
Ключевые слова / Keywords:
Scientific school, dissertation, postgraduate, adjunct, candidate of legal sciences, scientific interest.
INTERNATIONAL LAWАннотация / Annotation:
In a scientific article based on the author’s personal experience, observation the process of preparation of scientific and pedagogical staff analyzed the procedure of choosing of the theme of dissertation research for the scientific degree of candidate of legal sciences. Identified three main methods that use postgraduate students and adjuncts to determine their own future scientific research. Based on the study of the presented methods formulated recommendations for the choice of the theme of the candidate’s dissertation.
Ключевые слова / Keywords:
Scientific school, dissertation, postgraduate, adjunct, candidate of legal sciences, scientific interest.
NASONKIN V.V. Nasonkin V.V. – Doctor of political Sciences, Professor
TKACH G.F. Tkach G.F. – candidate of Physical and Mathematical Sciences, Associate Professor
Main directions and priorities of the educational legislation modernization in foreign countries at the present stage
Страницы / Pages: 82-91
Аннотация / Annotation:
Improvement of educational legislation is a fundamental basis for the efficiency and competitiveness increasing of any country education system. The article considers the main modernization directions of foreign countries educational legislation taking into account the features of the education organization and management in these countries.
Ключевые слова / Keywords:
education legislation, the integration of education, internationalization and globalization of education.
Аннотация / Annotation:
Improvement of educational legislation is a fundamental basis for the efficiency and competitiveness increasing of any country education system. The article considers the main modernization directions of foreign countries educational legislation taking into account the features of the education organization and management in these countries.
Ключевые слова / Keywords:
education legislation, the integration of education, internationalization and globalization of education.
BORSHEVSKIY G.A. Borshevskiy G.A. – Ph.D. (History), Associate Professor
Socio-professional accreditation of university programs on public administration
Страницы / Pages: 92-108
Аннотация / Annotation:
Low international recognition of Russian diplomas in the field of public and municipal administration points to the necessity of developing the standard of professional public accreditation. The proposed parameters of such a standard. Considered the activities of international organizations for higher education accreditation. When developing domestic standards should depart from the norms of existing international standards. The main content of administrative programs should be questions Academy rating training students.
Ключевые слова / Keywords:
accreditation, higher education, public administration, standard, quality assessment.
Аннотация / Annotation:
Low international recognition of Russian diplomas in the field of public and municipal administration points to the necessity of developing the standard of professional public accreditation. The proposed parameters of such a standard. Considered the activities of international organizations for higher education accreditation. When developing domestic standards should depart from the norms of existing international standards. The main content of administrative programs should be questions Academy rating training students.
Ключевые слова / Keywords:
accreditation, higher education, public administration, standard, quality assessment.
APASOVA YU.N.
Apasova Yu.N.
–
The Right to Use Translation Services in Justice System: experience of foreign countries
Страницы / Pages: 109-117
Аннотация / Annotation:
The article is devoted to the review of foreign regulations in the field of realization of the right to use translation services in the legal proceedings of justice system. Regarding identifying of the legal norms referential to the subject of the research, constitutions, other laws, and legal acts of a number of states of the world have been studied. It is emphasized that the right to translation services as one of the language rights and, in equal measure, as a complex derivative from a number of other rights is based on the fundamental principles of justice system and is subject to obligatory provision by courts as the guarantee of legality and accuracy of their work.
Ключевые слова / Keywords:
right to use translation services, language rights, legal proceedings of justice system, legislation, legal translation, foreign states.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article is devoted to the review of foreign regulations in the field of realization of the right to use translation services in the legal proceedings of justice system. Regarding identifying of the legal norms referential to the subject of the research, constitutions, other laws, and legal acts of a number of states of the world have been studied. It is emphasized that the right to translation services as one of the language rights and, in equal measure, as a complex derivative from a number of other rights is based on the fundamental principles of justice system and is subject to obligatory provision by courts as the guarantee of legality and accuracy of their work.
Ключевые слова / Keywords:
right to use translation services, language rights, legal proceedings of justice system, legislation, legal translation, foreign states.
EVDOKIMOV V.B. Evdokimov V.B. – doctor of law, professor
ASHYTKOVA T.V. Ashytkova T.V. – candidate of law
About granting state guarantees of equal rights and freedoms for men and women in the Russian Federation
Страницы / Pages: 118-127
Аннотация / Annotation:
It the article are considered questions of necessity of granting of the state guarantees of equal rights and freedoms for men and women in Russian Federation. The practice of legal regulation of this issue in the legislation of other countries is analised. A review of international legal instruments on the elimination of discrimination against women is done. The historical overview of the legal and actual status of women in Russia is made. It is proved the importance of special Federal law about the equality of men and women for the further development of Russian society and the state.
Ключевые слова / Keywords:
Constitution of Russian Federation, equality of men and women, discrimination, social violence, convention, concept, strategy.
Аннотация / Annotation:
It the article are considered questions of necessity of granting of the state guarantees of equal rights and freedoms for men and women in Russian Federation. The practice of legal regulation of this issue in the legislation of other countries is analised. A review of international legal instruments on the elimination of discrimination against women is done. The historical overview of the legal and actual status of women in Russia is made. It is proved the importance of special Federal law about the equality of men and women for the further development of Russian society and the state.
Ключевые слова / Keywords:
Constitution of Russian Federation, equality of men and women, discrimination, social violence, convention, concept, strategy.
KISELEV A.S.
Kiselev A.S.
–
The development of e-justice in Russia and in foreign countries: comparative legal analysis
Страницы / Pages: 128-142
Аннотация / Annotation:
With the development of the information society is evolving and that the modern judicial system. These procedural operations, as filing a claim, objection to claim, filing appeals and cassation complaints, petitions, applications can now be automated via special websites. In the present study is the analysis of e-courts in foreign countries and made suggestions for improving the electronic proceedings in Russia.
Ключевые слова / Keywords:
e-court, e-justice, automation of court activities.
Аннотация / Annotation:
With the development of the information society is evolving and that the modern judicial system. These procedural operations, as filing a claim, objection to claim, filing appeals and cassation complaints, petitions, applications can now be automated via special websites. In the present study is the analysis of e-courts in foreign countries and made suggestions for improving the electronic proceedings in Russia.
Ключевые слова / Keywords:
e-court, e-justice, automation of court activities.
PROTAS E.V. Protas E.V. – doctor of pedagogical Sciences, PhD (Law), Professor
MUROMTSEVA E.V. Muromtseva E.V. – graduate student
The right of the child to live and grow up in the family
Страницы / Pages: 143-149
Аннотация / Annotation:
In article the concept of the right of the child to live and grow up in a family that discusses the powers of the child included in this legal institution.
Ключевые слова / Keywords:
child, children, family, parents, family code, law, education, government, care, love.
PAGES OF HISTORYАннотация / Annotation:
In article the concept of the right of the child to live and grow up in a family that discusses the powers of the child included in this legal institution.
Ключевые слова / Keywords:
child, children, family, parents, family code, law, education, government, care, love.
ALEKSEEV V. I. Alekseev V. I. – candidate of historical sciences
Realization of the principle of «correction» of convicts: integrative and legal aspect (1879–1917)
Страницы / Pages: 150-161
Аннотация / Annotation:
In article the principle of «correction» of convicts as the main function of the criminal and penitentiary legislation is considered. Its efficiency is provided not only unity of regulatory and guarding impact on legal relations, but also is the most essential, and in fact backbone line of the criminal and penitentiary right.
Ключевые слова / Keywords:
penal system, legal influence, prisoner work, moral and legal correction, mechanism of legal regulation, legal holdings liable.
Аннотация / Annotation:
In article the principle of «correction» of convicts as the main function of the criminal and penitentiary legislation is considered. Its efficiency is provided not only unity of regulatory and guarding impact on legal relations, but also is the most essential, and in fact backbone line of the criminal and penitentiary right.
Ключевые слова / Keywords:
penal system, legal influence, prisoner work, moral and legal correction, mechanism of legal regulation, legal holdings liable.
BURCHAK V.YA.
Burchak V.Ya.
–
The frames acquisition of the militia Kemerovo region (1943–1953)
Страницы / Pages: 162-168
Аннотация / Annotation:
This article is devoted to the manning of the militia of the Kemerovo region in 1943–1953. Author on the basis of several archival collections of the State archive of the Kemerovo region revealed the main directions of activities of the militia, the party and Soviet authorities on the acquisition of the units personnel. Sources of recruitment, measures to ensure the acquisition of divisions of militia, the major issues in the selection of citizens for service.
Ключевые слова / Keywords:
militia, personnel, crime fighting, the party and Soviet authorities, Kemerovo region.
Аннотация / Annotation:
This article is devoted to the manning of the militia of the Kemerovo region in 1943–1953. Author on the basis of several archival collections of the State archive of the Kemerovo region revealed the main directions of activities of the militia, the party and Soviet authorities on the acquisition of the units personnel. Sources of recruitment, measures to ensure the acquisition of divisions of militia, the major issues in the selection of citizens for service.
Ключевые слова / Keywords:
militia, personnel, crime fighting, the party and Soviet authorities, Kemerovo region.