Право и образование
№ 08 • 2018
MODERN EDUCATION
TURANINA N. Turanina N. – Doktor of philological sciences
MURASHKO O. Murashko O. – Candidate of Pedagogical Sciences
PEREPELKIN I. Perepelkin I. – Candidate of physical and mathematical Sciences
Additional training of specialists of libraries: an innovative approach [1]
Страницы / Pages: 4-12
Аннотация / Annotation:
Design activity of libraries is that innovative direction which promotes the decision not only narrowly professional tasks, but also opopsredovanno influences sociocultural development of municipal community in general. But the library professional community not up to the end realizes the importance of this activity and also experiences considerable difficulties in development of technology predesign issdledovaniya of implementation of projects. In article some features of training of design activity of specialists of municipal libraries within additional professional education are considered, kokretny examples of successfully realized library projects are given.
Ключевые слова / Keywords:
Additional professional library education, municipal library, design activity, specialist of libraries, professional competences.
Аннотация / Annotation:
Design activity of libraries is that innovative direction which promotes the decision not only narrowly professional tasks, but also opopsredovanno influences sociocultural development of municipal community in general. But the library professional community not up to the end realizes the importance of this activity and also experiences considerable difficulties in development of technology predesign issdledovaniya of implementation of projects. In article some features of training of design activity of specialists of municipal libraries within additional professional education are considered, kokretny examples of successfully realized library projects are given.
Ключевые слова / Keywords:
Additional professional library education, municipal library, design activity, specialist of libraries, professional competences.
CEKCHA V.V. Cekcha V.V. – Candidate of Law Sciences, associate professor
Sources of legal regulation of education financing
Страницы / Pages: 13-21
Аннотация / Annotation:
In the present article status of sources of legal regulation of financing of education. In particular the role of the Constitution of Russia, approaches to definition and differentiation of various sources of legal regulation of financing of education is investigated. Author’s approaches to differentiation of sources of legal regulation of financing of education are offered.
Ключевые слова / Keywords:
financial right, right sources, budget, Constitution of the Russian Federation, differentiation of sources of the financial right, soft right, educational organizations, level of legal regulation.
Аннотация / Annotation:
In the present article status of sources of legal regulation of financing of education. In particular the role of the Constitution of Russia, approaches to definition and differentiation of various sources of legal regulation of financing of education is investigated. Author’s approaches to differentiation of sources of legal regulation of financing of education are offered.
Ключевые слова / Keywords:
financial right, right sources, budget, Constitution of the Russian Federation, differentiation of sources of the financial right, soft right, educational organizations, level of legal regulation.
TIMOKHINA T.V. Timokhina T.V. – Ph.D. in Pedagogy, Associate Professor of Pedagogy Chair
Regulatory and legal aspects of inclusive education of visually impaired children
Страницы / Pages: 22-28
Аннотация / Annotation:
The article reveals the legal and regulatory aspects of inclusive education for children with disabilities. At different levels, the legislative foundations of work with blind, visually impaired and visually impaired children are revealed. The article explores the features of tutoring activities in accordance with modern legislation.
Ключевые слова / Keywords:
visually impaired children, limited health opportunities, normative and legal aspect, general educational organization, tutor.
Аннотация / Annotation:
The article reveals the legal and regulatory aspects of inclusive education for children with disabilities. At different levels, the legislative foundations of work with blind, visually impaired and visually impaired children are revealed. The article explores the features of tutoring activities in accordance with modern legislation.
Ключевые слова / Keywords:
visually impaired children, limited health opportunities, normative and legal aspect, general educational organization, tutor.
GINATULINA O.A. Ginatulina O.A. – PhD
The role of philosophy in the formation of general cultural competencies of cadets of educational organizations of the Federal Penitentiary Service of Russia
Страницы / Pages: 29-34
Аннотация / Annotation:
The author in the article shows that one of the most important tasks of philosophy in the development of general cultural competencies is the formation of a lasting ideological core, which is especially necessary for future employees of the Penitentiary System in the performance of their professional duties.
Ключевые слова / Keywords:
worldview of cadets, philosophy, general cultural competences.
Аннотация / Annotation:
The author in the article shows that one of the most important tasks of philosophy in the development of general cultural competencies is the formation of a lasting ideological core, which is especially necessary for future employees of the Penitentiary System in the performance of their professional duties.
Ключевые слова / Keywords:
worldview of cadets, philosophy, general cultural competences.
OSIPOV M.Y Osipov M.Y – senior researcher at Private institution of higher education «Institute of Jurisprudence and management of VPA PhD
Problems of preparation of federal state educational standards of higher education in the field of jurisprudence
Страницы / Pages: 35-44
Аннотация / Annotation:
The problem of preparing federal state educational standards is one of the topical problems facing pedagogical and legal science. In the course of the study, the peculiarities of federal state educational standards and their projects were analyzed, and a number of measures were proposed to facilitate their proper design and implementation.
Ключевые слова / Keywords:
federal state educational standard, quality of education, exemplary educational program, pedagogical expertise, educational law.
Аннотация / Annotation:
The problem of preparing federal state educational standards is one of the topical problems facing pedagogical and legal science. In the course of the study, the peculiarities of federal state educational standards and their projects were analyzed, and a number of measures were proposed to facilitate their proper design and implementation.
Ключевые слова / Keywords:
federal state educational standard, quality of education, exemplary educational program, pedagogical expertise, educational law.
KORNILOVA N.V. Kornilova N.V. – candidate of law, assistant professor
Thesis as an object of civil law
Страницы / Pages: 45-50
Аннотация / Annotation:
Graduation qualification work is the final work demonstrating the level of the graduate’s preparedness for independent professional activity. At the same time, the final qualifying work refers to the objects of copyright and must meet the criteria of protection
Ключевые слова / Keywords:
final qualification work, creativity, author, scientific work, protection capacity.
HOT TOPICАннотация / Annotation:
Graduation qualification work is the final work demonstrating the level of the graduate’s preparedness for independent professional activity. At the same time, the final qualifying work refers to the objects of copyright and must meet the criteria of protection
Ключевые слова / Keywords:
final qualification work, creativity, author, scientific work, protection capacity.
TRETYAKOVA O.V. Tretyakova O.V. – doctor of political sciences, associate professor
Prevention of extremist crimes in mass media
Страницы / Pages: 51-62
Аннотация / Annotation:
This article examines the problems of the extremism ideology dissemination in the Russian mass media. The causes and consequences of communicative aggression and «hate speech» in Russian TV programs are revealed. The author analyzes legislative limitations of media activities, initiatives of journalists’ self-regulating organizations on reducing speech violence and discriminatory vocabulary. The measures to prevent extremist crimes in the mass media sphere are proposed.
Ключевые слова / Keywords:
extremism, communicative aggression, legislation, professional ethics, prevention.
Аннотация / Annotation:
This article examines the problems of the extremism ideology dissemination in the Russian mass media. The causes and consequences of communicative aggression and «hate speech» in Russian TV programs are revealed. The author analyzes legislative limitations of media activities, initiatives of journalists’ self-regulating organizations on reducing speech violence and discriminatory vocabulary. The measures to prevent extremist crimes in the mass media sphere are proposed.
Ключевые слова / Keywords:
extremism, communicative aggression, legislation, professional ethics, prevention.
IGONINA N.A. Igonina N.A. – Candidate of Juridical Sciences
EREZHIPALIEV D.I. CANDIDATE OF JURIDICAL SCIENCES
Erezhipaliev D.I. Candidate of Juridical Sciences
–
Ensuring the safety of children and create a comfortable environment for their living and development in the system of guarantees of constitutional rights
Страницы / Pages: 63-68
Аннотация / Annotation:
The article, based on the analysis of the current legislation and law enforcement practice, highlights the urgent problems of ensuring the safety of children and the formation of a comfortable environment for their life and development. Ways of their decision are offered. It is concluded that it is necessary to improve the system of education and upbringing in special educational institutions for minors. To attract qualified teachers, psychologists and social pedagogues to the system
Ключевые слова / Keywords:
state support of childhood, child protection, education system, prevention of neglect and offenses.
Аннотация / Annotation:
The article, based on the analysis of the current legislation and law enforcement practice, highlights the urgent problems of ensuring the safety of children and the formation of a comfortable environment for their life and development. Ways of their decision are offered. It is concluded that it is necessary to improve the system of education and upbringing in special educational institutions for minors. To attract qualified teachers, psychologists and social pedagogues to the system
Ключевые слова / Keywords:
state support of childhood, child protection, education system, prevention of neglect and offenses.
MORKHAT P.M. Morkhat P.M. – PhD (Law), judge of the Commercial Court of the Moscow Region
Features of the legal regulation of the use of artificial intelligence units for various purposes
Страницы / Pages: 69-77
Аннотация / Annotation:
Specifics of the use of artificial intelligence units in jurisprudence and for military purposes are considered in this article. The main emphasis is on reviewing the specifics of the use of such units for military purposes, outlining the main problems, as well as legal measures taken in this area.
Ключевые слова / Keywords:
artificial intelligence, artificial intelligence unit, jurisprudence, lethal autonomous systems.
Аннотация / Annotation:
Specifics of the use of artificial intelligence units in jurisprudence and for military purposes are considered in this article. The main emphasis is on reviewing the specifics of the use of such units for military purposes, outlining the main problems, as well as legal measures taken in this area.
Ключевые слова / Keywords:
artificial intelligence, artificial intelligence unit, jurisprudence, lethal autonomous systems.
PROTAS E.V. Protas E.V. – doctor of pedagogical Sciences, PhD (Law), Professor
DEMENKOV S.A. Demenkov S.A. – postgraduate Student, Chair of Civil Law
PROBLEMS OF INTERPRETATION CIVIL LEGAL AGREEMENT IN COMMUNICATION WITH INTRODUCTION OF THE INSTITUTE FRAMEWORK AGREEMENT
Страницы / Pages: 78-84
Аннотация / Annotation:
The article analyzes the legal prerequisites for the introduction of norms on the framework agreement into the civil code, as well as the consequences that such a story will cause.
Ключевые слова / Keywords:
framework contract; conclusion of a contract; interpretation of the contract; influence correspondence to the terms of the contract; master contract.
Аннотация / Annotation:
The article analyzes the legal prerequisites for the introduction of norms on the framework agreement into the civil code, as well as the consequences that such a story will cause.
Ключевые слова / Keywords:
framework contract; conclusion of a contract; interpretation of the contract; influence correspondence to the terms of the contract; master contract.
MAKOVETSKY S.A. Makovetsky S.A. – candidate of economic sciences,
ZARETSKAYA Е.А. Zaretskaya Е.А. – teacher of the criminal law
Tax audit as the main form of tax administration
Страницы / Pages: 85-92
Аннотация / Annotation:
The tax law is one of the most important branches of financial law. Important role in it is occupied by the norms regulating tax control. In order to determine the main directions for improving tax administration, the authors of this article proposed a definition of the concept of tax administration. The definition of essence and types of tax control has been studied. Particular attention is paid to this form of tax control, such as tax audit.
Ключевые слова / Keywords:
tax legislation, tax system, tax administration, tax control, tax audit.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The tax law is one of the most important branches of financial law. Important role in it is occupied by the norms regulating tax control. In order to determine the main directions for improving tax administration, the authors of this article proposed a definition of the concept of tax administration. The definition of essence and types of tax control has been studied. Particular attention is paid to this form of tax control, such as tax audit.
Ключевые слова / Keywords:
tax legislation, tax system, tax administration, tax control, tax audit.
KOLOTUSHKIN S.M. Kolotushkin S.M. – doctor of law, Professor
GOROVOY V.V.
Gorovoy V.V.
–
Technical and economic analysis of systems of blocking of cellular communication in UIS institutions.
Страницы / Pages: 93-101
Аннотация / Annotation:
The article deals with the problem of illegal use of means of communication by persons held in institutions of the penal correction system. The technical and economic analysis of ways of counteraction to illegal use of means of cellular communication is carried out. The economic component of each method is studied and financial calculations of realization of each of them are resulted.
Ключевые слова / Keywords:
cell communication, response, institution, penal system.
Аннотация / Annotation:
The article deals with the problem of illegal use of means of communication by persons held in institutions of the penal correction system. The technical and economic analysis of ways of counteraction to illegal use of means of cellular communication is carried out. The economic component of each method is studied and financial calculations of realization of each of them are resulted.
Ключевые слова / Keywords:
cell communication, response, institution, penal system.
VOL’DIMAROVA N.G. Vol’dimarova N.G. – candidate of juridical sciences, docent
VOSKANYAN R.O. Voskanyan R.O. – candidate of economic sciences
Criminal and legal means of countering to economic threats in the lending sphere
Страницы / Pages: 102-107
Аннотация / Annotation:
The purpose of this article is to identify the problems of legislative regulation of criminal law provisions that criminalize the illegal receipt of credit and preferential terms of lending, as well as illegal receipt of state targeted credit and its use for other purposes. The necessity of improving the normative design of Art. 176 of the Criminal Code in order to improve the effectiveness of the implementation of criminal liability for crimes committed in the field of credit.
Ключевые слова / Keywords:
credit, preferential lending, liability, financial condition.
Аннотация / Annotation:
The purpose of this article is to identify the problems of legislative regulation of criminal law provisions that criminalize the illegal receipt of credit and preferential terms of lending, as well as illegal receipt of state targeted credit and its use for other purposes. The necessity of improving the normative design of Art. 176 of the Criminal Code in order to improve the effectiveness of the implementation of criminal liability for crimes committed in the field of credit.
Ключевые слова / Keywords:
credit, preferential lending, liability, financial condition.
NAZARENKO S.V. Nazarenko S.V. – candidate of Sociology, associate Professor
Realization of the social capital of servicemen in the social control of their professional activity in the military unit (unit) of the Armed Forces of the Russian Federation
Страницы / Pages: 108-119
Аннотация / Annotation:
The article substantiates the basic principles of understanding the social capital of an individual (on the example of a serviceman’s personality), his role in professional activity. The subject of the study: social capital as a factor of social control of innovations and deviations in the behavior of servicemen performing military service duties. Purpose of the work: analysis of mutual influence of social capital, trust and functional orientation of social control.
Ключевые слова / Keywords:
social capital, social control, military service, military man, military unit, armed forces.
Аннотация / Annotation:
The article substantiates the basic principles of understanding the social capital of an individual (on the example of a serviceman’s personality), his role in professional activity. The subject of the study: social capital as a factor of social control of innovations and deviations in the behavior of servicemen performing military service duties. Purpose of the work: analysis of mutual influence of social capital, trust and functional orientation of social control.
Ключевые слова / Keywords:
social capital, social control, military service, military man, military unit, armed forces.
DUBINETSKY V.V. Dubinetsky V.V. – candidate of pedagogics
KOCHETOV P.A.
Kochetov P.A.
–
KONOVALENKO YU.G.
Konovalenko Yu.G.
–
Special physical training as a means of reliability of seizures in competitive activity in combat sambo
Страницы / Pages: 120-123
Аннотация / Annotation:
The article presents the results of the use of special physical training to improve the efficiency of capture of a single group of wrestlers wrestlers. The comparison and output the advantage of a group of wrestlers using a special physical training in addition to the basic training.
Ключевые слова / Keywords:
sambo, special physical training, carpal dynamometry.
POINT OF VIEWАннотация / Annotation:
The article presents the results of the use of special physical training to improve the efficiency of capture of a single group of wrestlers wrestlers. The comparison and output the advantage of a group of wrestlers using a special physical training in addition to the basic training.
Ключевые слова / Keywords:
sambo, special physical training, carpal dynamometry.
SOLOVEV S.G. Solovev S.G. – Doctor of Law, Professor
To the question of limits of discretion of deputies at the assessment of the annual report of the head of municipality
Страницы / Pages: 124-131
Аннотация / Annotation:
The article is devoted to the question of the limits of freedom of deputies in the evaluation of the annual report of the head of the municipality. The key problems related to the substantive and procedural aspects of the existing mechanism for assessing the annual report of the head of the municipality by the deputies of the local representative body are considered. A set of legal measures aimed at reducing the possibility of arbitrary decisions of deputies, based solely on their subjective discretion, is proposed.
Ключевые слова / Keywords:
local self-government, report of the head of the municipality, freedom of discretion of deputies.
Аннотация / Annotation:
The article is devoted to the question of the limits of freedom of deputies in the evaluation of the annual report of the head of the municipality. The key problems related to the substantive and procedural aspects of the existing mechanism for assessing the annual report of the head of the municipality by the deputies of the local representative body are considered. A set of legal measures aimed at reducing the possibility of arbitrary decisions of deputies, based solely on their subjective discretion, is proposed.
Ключевые слова / Keywords:
local self-government, report of the head of the municipality, freedom of discretion of deputies.
MELNIKOVA M.V. Melnikova M.V. – candidate of law, associate Professor
The political and legal essence of the category «sovereignty»
Страницы / Pages: 132-136
Аннотация / Annotation:
The article analyzes the essence of the concept of” state sovereignty “in legal and political terms: the theoretical understanding of the category of” sovereignty “ from the point of view of law and legal science, as well as the implementation of this concept in the field of public administration within the country and the representation of the state in international relations.
Ключевые слова / Keywords:
sovereignty, sovereign rights, internal sovereignty, external sovereignty.
Аннотация / Annotation:
The article analyzes the essence of the concept of” state sovereignty “in legal and political terms: the theoretical understanding of the category of” sovereignty “ from the point of view of law and legal science, as well as the implementation of this concept in the field of public administration within the country and the representation of the state in international relations.
Ключевые слова / Keywords:
sovereignty, sovereign rights, internal sovereignty, external sovereignty.
ANTOS P.A. Antos P.A. –
SIDOROVA A.V.
Sidorova A.V.
–
YAVORSKY M.А. CANDIDATE OF LEGAL SCIENCES Yavorsky M.А. candidate of legal Sciences – associate Professor
And again about dangerous driving
Страницы / Pages: 137-145
Аннотация / Annotation:
In the article the authors actualize the problem of establishing responsibility for «aggressive driving», outlines views on its content. On the basis of the conducted research the author’s vision of uniform criteria of such driving is presented, its basic signs are formulated. The authors as a whole are rather skeptical about the prospects of introducing responsibility for «aggressive driving», including because of the subjective approach to the assessment of this phenomenon.
Ключевые слова / Keywords:
vehicle, traffic, administrative offense, dangerous driving.
Аннотация / Annotation:
In the article the authors actualize the problem of establishing responsibility for «aggressive driving», outlines views on its content. On the basis of the conducted research the author’s vision of uniform criteria of such driving is presented, its basic signs are formulated. The authors as a whole are rather skeptical about the prospects of introducing responsibility for «aggressive driving», including because of the subjective approach to the assessment of this phenomenon.
Ключевые слова / Keywords:
vehicle, traffic, administrative offense, dangerous driving.
IDRISOVА F.A.
Idrisovа F.A.
–
HANCHAROVA ZA.
Hancharova ZA.
–
Constitutional foundations of judicial power in the Russian Federation: theoretical aspects
Страницы / Pages: 146-149
Аннотация / Annotation:
This article is devoted to an interesting and relevant topic. The institution of the judiciary is of particular importance in the system of constitutional law in Russia. The author reveals the distinctive features of the judicial power from other state bodies, theoretical features of the judicial power, the principles of justice, enshrined in the Constitution of the Russian Federation and the existing Federal laws.
Ключевые слова / Keywords:
Constitution of the Russian Federation, law, judicial power, judicial system, justice.
PAGES OF HISTORYАннотация / Annotation:
This article is devoted to an interesting and relevant topic. The institution of the judiciary is of particular importance in the system of constitutional law in Russia. The author reveals the distinctive features of the judicial power from other state bodies, theoretical features of the judicial power, the principles of justice, enshrined in the Constitution of the Russian Federation and the existing Federal laws.
Ключевые слова / Keywords:
Constitution of the Russian Federation, law, judicial power, judicial system, justice.
POLOVETSKY S.D. Polovetsky S.D. – doctor of historical Sciences, Professor
The reforms of Alexander II and moscow education (on the 200th anniversary of Alexander II)
Страницы / Pages: 150-158
Аннотация / Annotation:
On the basis of the problem-chronological method the historical analysis of development and improvement of the sphere of Moscow education in the years of reforms is carried out. The embodiment of the basic ideas of reforming of national education on the example of Moscow educational institutions is analyzed. It is concluded that the result of the changes in the field of Moscow education was the formation of a new educational system, the achievement of high results in the educational process, in improving literacy and education of Muscovites.
Ключевые слова / Keywords:
Alexander II, reforms, Moscow, city Duma, education, enlightenment, educational institutions, Moscow University.
Аннотация / Annotation:
On the basis of the problem-chronological method the historical analysis of development and improvement of the sphere of Moscow education in the years of reforms is carried out. The embodiment of the basic ideas of reforming of national education on the example of Moscow educational institutions is analyzed. It is concluded that the result of the changes in the field of Moscow education was the formation of a new educational system, the achievement of high results in the educational process, in improving literacy and education of Muscovites.
Ключевые слова / Keywords:
Alexander II, reforms, Moscow, city Duma, education, enlightenment, educational institutions, Moscow University.
TARASENKO I.V. Tarasenko I.V. – Candidate of Historical Sciences, Associate Professor
On Evidence in the Old Russian Criminal Proceedings (X–XIV Centuries)
Страницы / Pages: 159-169
Аннотация / Annotation:
Basing on the study of written sources, the work of historians of law of different generations, the author of the article gives a general analysis of the problems of evidence and proof in the Old Russian criminal proceedings of the X-XIV centuries.
Ключевые слова / Keywords:
Old Russian criminal proceedings, evidence, proof, crime, Russkaya Pravda (“Rus’ Law”), Pskov Court Charter, Belozersk Charter, X – XIV centuries.
Аннотация / Annotation:
Basing on the study of written sources, the work of historians of law of different generations, the author of the article gives a general analysis of the problems of evidence and proof in the Old Russian criminal proceedings of the X-XIV centuries.
Ключевые слова / Keywords:
Old Russian criminal proceedings, evidence, proof, crime, Russkaya Pravda (“Rus’ Law”), Pskov Court Charter, Belozersk Charter, X – XIV centuries.
OBERNIKHIN Y.A. Obernikhin Y.A. – associate professor
Peculiarities of the Process of Memorialization of Soviet Soldiers Perished in 1944–1945
Страницы / Pages: 170-177
Аннотация / Annotation:
The article presents the outcomes of the research into the process of the memorialization of Red Army soldiers who perished during the Great Patriotic War in European countries. The author analyzes the chronology of the events that took place in the Soviet era. It is highlighted that the process was systemic, its implementation was held over an immense territory, in various formats and involved huge resources.
Ключевые слова / Keywords:
Great Patriotic War, Soviet war graves in Europe, memorialization.
Аннотация / Annotation:
The article presents the outcomes of the research into the process of the memorialization of Red Army soldiers who perished during the Great Patriotic War in European countries. The author analyzes the chronology of the events that took place in the Soviet era. It is highlighted that the process was systemic, its implementation was held over an immense territory, in various formats and involved huge resources.
Ключевые слова / Keywords:
Great Patriotic War, Soviet war graves in Europe, memorialization.