Право и образование
№ 09 • 2009
EDUCATIONAL LAW
PETROVSKAYA O.V. Petrovskaya O.V. – Leading Researcher of the Institute of Slavonic Studies of the Russian Academy of Sciences, Doctor of History, Associate Professor
PETROVSKIY N.A. Petrovskiy N.A. – Head of the Department of Theory and History of State and Law of Brest State University in the name of A.S. Pushkin, PhD in Philosophy, Associate Professor
Higher education system in the republic of belarus: specifics, problems, challenges
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Аннотация / Annotation:
Authors try to determine the degree of continuity of higher education system of the Republic of Belarus from previous socialistic institution. Analysis of educational reforms and their legislative base over the previous 20 years shows that special features of functioning of higher school in Belarus is in combining of new approaches with traditional elements inherited from the USSR. Specifics of integration of higher school in Belarus into European dimension are determined by aspiration of Belarus authorities to support quality of higher education, orientation on own resources, impeach foreign models.
Ключевые слова / Keywords:
the Republic of Belarus, legislation, higher school, the Bologna Process, integration in higher education, reforms of higher education.
Аннотация / Annotation:
Authors try to determine the degree of continuity of higher education system of the Republic of Belarus from previous socialistic institution. Analysis of educational reforms and their legislative base over the previous 20 years shows that special features of functioning of higher school in Belarus is in combining of new approaches with traditional elements inherited from the USSR. Specifics of integration of higher school in Belarus into European dimension are determined by aspiration of Belarus authorities to support quality of higher education, orientation on own resources, impeach foreign models.
Ключевые слова / Keywords:
the Republic of Belarus, legislation, higher school, the Bologna Process, integration in higher education, reforms of higher education.
MELNICHENKO R.G. Melnichenko R.G. – Head of the Department of Civil law and Procedure of NOU VPO Volgograd Institute for Business, PhD in Law, Associate Professor
Public certification of jurists as an institute of public accreditation of educational institutions
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Аннотация / Annotation:
The article covers processes related to reforms of juridical education in Russia. The author analyses existing approaches and forecasts arising new approaches to improvement of quality of juridical education. Reasons of state interest to problems of higher juridical education are analyzed. The author pays attention to the institute of public certification of jurists as innovation in juridical education.
Ключевые слова / Keywords:
law, accreditation, certification, reproduction, steadiness.
Аннотация / Annotation:
The article covers processes related to reforms of juridical education in Russia. The author analyses existing approaches and forecasts arising new approaches to improvement of quality of juridical education. Reasons of state interest to problems of higher juridical education are analyzed. The author pays attention to the institute of public certification of jurists as innovation in juridical education.
Ключевые слова / Keywords:
law, accreditation, certification, reproduction, steadiness.
PONKIN I.V. Ponkin I.V. – Professor of the Department of State Administration, Legal Support of State and Municipal Services of Russian Academy of State Service under the President of the Russian Federation, Doctor of Law
Some possible directions and measures of improvement of the system of higher and postraduate juridical education in Russia
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Аннотация / Annotation:
The article covers issues of improvement of higher and postgraduate professional juridical education in Russia and issues of the state system of accreditation of scientists in this field of knowledge.
Ключевые слова / Keywords:
jurisprudence, juridical education, higher and postgraduate professional education, improvement of the system of juridical education in Russia, scientific degree, dissertation council.
Аннотация / Annotation:
The article covers issues of improvement of higher and postgraduate professional juridical education in Russia and issues of the state system of accreditation of scientists in this field of knowledge.
Ключевые слова / Keywords:
jurisprudence, juridical education, higher and postgraduate professional education, improvement of the system of juridical education in Russia, scientific degree, dissertation council.
REPRINTSEV D.D. Reprintsev D.D. – Professor of the Department of Life Safety of Voronezh State Forestry Engineering academy, PhD in Technical Sciences, Associate Professor
Problems of legal regulation of teachers’ labor
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Аннотация / Annotation:
Legislation regulating teaching staff labor in a higher educational institution is analyzed in the article. It is stated that legislation and its usage have several serious disadvantages. The author shows corrective measures, which will help to create necessary conditions for support of labor rights of teaching staff.
Ключевые слова / Keywords:
legislation regulating teachers’ labor, competition for the position of teacher-scientist, conclusion and termination of labor contract.
WORLD OF EDUCATION AND LEARNING Аннотация / Annotation:
Legislation regulating teaching staff labor in a higher educational institution is analyzed in the article. It is stated that legislation and its usage have several serious disadvantages. The author shows corrective measures, which will help to create necessary conditions for support of labor rights of teaching staff.
Ключевые слова / Keywords:
legislation regulating teachers’ labor, competition for the position of teacher-scientist, conclusion and termination of labor contract.
GLIKMAN I.Z. Glikman I.Z. – Professor of Moscow Urban Pedagogic University
Correction and re-education: what to do with problem children?
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Аннотация / Annotation:
Characteristics of a problem child, necessity of re-education, reasons of formation of problems, nature, tasks and specific methods of behavior correction and youth re-education are considered in the article. Also the author pays great attention to the problem of strengthening of positive changes in personal character and preventive measures for development of a problem child.
Ключевые слова / Keywords:
correction, re-education, problem schoolchildren, tasks of correction, behavior correction, changes in personality.
Аннотация / Annotation:
Characteristics of a problem child, necessity of re-education, reasons of formation of problems, nature, tasks and specific methods of behavior correction and youth re-education are considered in the article. Also the author pays great attention to the problem of strengthening of positive changes in personal character and preventive measures for development of a problem child.
Ключевые слова / Keywords:
correction, re-education, problem schoolchildren, tasks of correction, behavior correction, changes in personality.
GONCHAROV D.YU Goncharov D.Yu – Associate Professor of the Department of Law of the Russian State Professional and Pedagogic University (Yekaterinburg), PhD in Law, Associate Professor
Learning of interaction between criminal law and other legal disciplines
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Аннотация / Annotation:
Teaching methods for criminal law includes learning of interaction of this filed of knowledge with other legal disciplines. Directions of theoretical development and practical implementation in law-making process and execution of law of cross-cutting interactions are represented in the article.
Ключевые слова / Keywords:
criminal law, cross-cutting interaction, legal disciplines.
Аннотация / Annotation:
Teaching methods for criminal law includes learning of interaction of this filed of knowledge with other legal disciplines. Directions of theoretical development and practical implementation in law-making process and execution of law of cross-cutting interactions are represented in the article.
Ключевые слова / Keywords:
criminal law, cross-cutting interaction, legal disciplines.
KISELEV A.K. Kiselev A.K. – Professor of the Department of State and Legal Disciplines of Stavropol Branch of Krasnodar University of the Ministry of Internal Affairs of Russia, PhD in History, Associate Professor
History and modernityof educational policy of the European union’s police
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Аннотация / Annotation:
The article covers brief analysis of history of educational policy in police structures of the European Union states and legal problems of implementation of EU policy as a whole and in every country-participant in particuler. Several definitions of police educational policy implementation in the beginning of 21st century in the European Union are proposed.
Ключевые слова / Keywords:
the European Union, educational policy, police, subsidiary, police academy, bachelor of police, European Police College, police recruits, professional police training, international and European law.
Аннотация / Annotation:
The article covers brief analysis of history of educational policy in police structures of the European Union states and legal problems of implementation of EU policy as a whole and in every country-participant in particuler. Several definitions of police educational policy implementation in the beginning of 21st century in the European Union are proposed.
Ключевые слова / Keywords:
the European Union, educational policy, police, subsidiary, police academy, bachelor of police, European Police College, police recruits, professional police training, international and European law.
OKULOVA A.V. Okulova A.V. – Teacher of Samara Juridical Institute of the federal Service of the Execution of Punishment of Russia
Methodical fundamentals of dialog technology of foreign languages teaching in juridical university
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Аннотация / Annotation:
The article covers a problem of dialog technology of foreign language learning as an important element of professional institutional training in juridical higher educational institutions. Definition of a dialog and dialog technology is given in the article. The most important directions of professional training of jurists in a field of foreign language learning are described. A role and place of a dialog in language material mastering are explained. The main elements of used methods of dialog teaching are considered.
Ключевые слова / Keywords:
dialog, dialog technology, methodical fundamentals, practical implementation, speech communication, dialog speech, deductive and inductive teaching methods.
Аннотация / Annotation:
The article covers a problem of dialog technology of foreign language learning as an important element of professional institutional training in juridical higher educational institutions. Definition of a dialog and dialog technology is given in the article. The most important directions of professional training of jurists in a field of foreign language learning are described. A role and place of a dialog in language material mastering are explained. The main elements of used methods of dialog teaching are considered.
Ключевые слова / Keywords:
dialog, dialog technology, methodical fundamentals, practical implementation, speech communication, dialog speech, deductive and inductive teaching methods.
MATYUSHEVA T.N. Matyusheva T.N. – Associate Professor of the Department of State and Legal Disciplines of Northern Caucasian Branch of GOU VPO Russian Academy of Justice, PhD in Law
Educational institution and civil society: some problems of legal interaction in Russia
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Аннотация / Annotation:
The article covers the problems of legal interaction of educational institutions and civil society in Russia. The great attention is paid to a role of personality of a teacher for example a teacher of the Jurisprudence Faculty of Rostov State University. Value of education in a field of civility development is considered.
Ключевые слова / Keywords:
status, personality, right of education, civil society, educational institution.
Аннотация / Annotation:
The article covers the problems of legal interaction of educational institutions and civil society in Russia. The great attention is paid to a role of personality of a teacher for example a teacher of the Jurisprudence Faculty of Rostov State University. Value of education in a field of civility development is considered.
Ключевые слова / Keywords:
status, personality, right of education, civil society, educational institution.
POPOV A.YU. Popov A.Yu. – Moscow, GOU SOSH No.5 (special) ‘Doverie’, Deputy Director for Information Technologies.
Professional orientation of schoolchildren having deviate behavior
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Аннотация / Annotation:
Professional assistance for children having deviate behavior is a great contribution to solution of social problems arising almost in all Russian schools. The experience of Moscow school No.5 ‘Doverie’ conducting pre-profile and profile education of problem teenagers in order to develop their professional orientation is represented in the article.
Ключевые слова / Keywords:
deviate, communication abilities, creativeness, profile.
DISCUSSING THE PROBLEM Аннотация / Annotation:
Professional assistance for children having deviate behavior is a great contribution to solution of social problems arising almost in all Russian schools. The experience of Moscow school No.5 ‘Doverie’ conducting pre-profile and profile education of problem teenagers in order to develop their professional orientation is represented in the article.
Ключевые слова / Keywords:
deviate, communication abilities, creativeness, profile.
NIZOVTSEV V.V. Nizovtsev V.V. – Head of the Department of Jurisprudence in Southern Russian State Technical University (Novocherkassk Polytechnic Institute), PhD in Law
Effects of political assignation in liberal and democratic model oflaw and state subordination
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Аннотация / Annotation:
Political assignation related to law is considered in the article. Necessity of provision of legal means for decreasing of political assignation in Russian society is set. Priority of law in liberal and democratic model of subordination of law and state in the aspect of political assignation in law is analyzed. Actual possibilities of law influenced on depth and fineness of political assignation are determined.
Ключевые слова / Keywords:
assignation, liberal and democratic model, policy, law, society, power, subordination.
Аннотация / Annotation:
Political assignation related to law is considered in the article. Necessity of provision of legal means for decreasing of political assignation in Russian society is set. Priority of law in liberal and democratic model of subordination of law and state in the aspect of political assignation in law is analyzed. Actual possibilities of law influenced on depth and fineness of political assignation are determined.
Ключевые слова / Keywords:
assignation, liberal and democratic model, policy, law, society, power, subordination.
ERSHOV O.G. Ershov O.G. – Senior teacher of the Department of Civil and Legal Disciplines of Omsk Academy of the Ministry of Internal Affairs in Russia, PhD in Law
Formulary law and its value in regulation of contract relations in building
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Аннотация / Annotation:
The author considers the problem of juridical nature of formulary law in regulation of contract relations in building.
Ключевые слова / Keywords:
contract, building, formulary law, legal custom, typical contract.
Аннотация / Annotation:
The author considers the problem of juridical nature of formulary law in regulation of contract relations in building.
Ключевые слова / Keywords:
contract, building, formulary law, legal custom, typical contract.
VANEEV O.N. Vaneev O.N. – Advisor of Expert and Legal Administration of the legislative Assembly of Krasnodar Territory, PhD in Law
Youth parliaments as an institute for municipal democracy in the Russian Federation
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Аннотация / Annotation:
Participation of youth in local political activity is a guarantee of development of localities. Organizational and legal form of youth participation in local activity is youth parliaments (councils). Russian youth parliamentary was form in the middle of the 90s. The modern phase of development of youth parliaments in Russian cities enables to conclude that they are the institute of municipal democracy and the problem is in legal confirmation of this special form of youth participation in local governance in the Federal Law No. 131-FZ dated October 6, 2003 ‘General Principles of Organization of Local Governance in the Russian Federation’.
Ключевые слова / Keywords:
participation of youth in local life, youth parliament (council), institute of municipal democracy.
Аннотация / Annotation:
Participation of youth in local political activity is a guarantee of development of localities. Organizational and legal form of youth participation in local activity is youth parliaments (councils). Russian youth parliamentary was form in the middle of the 90s. The modern phase of development of youth parliaments in Russian cities enables to conclude that they are the institute of municipal democracy and the problem is in legal confirmation of this special form of youth participation in local governance in the Federal Law No. 131-FZ dated October 6, 2003 ‘General Principles of Organization of Local Governance in the Russian Federation’.
Ключевые слова / Keywords:
participation of youth in local life, youth parliament (council), institute of municipal democracy.
NAUMKINA V.V. Naumkina V.V. – Associate Professor of the Department of State Law of Khakassiya State University in the Name of N.F. Katanov, PhD in Law, Associate Professor
Social organism as an integral condition of implementation of common law
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Аннотация / Annotation:
The article covers special features of implementation of common law in local communities. Common law being an integral part of ethnic culture determines legal consciousness and mentality of population, which are kept in the modernity.
Ключевые слова / Keywords:
common law, social organism, system of law.
HISTORY OF STATE AND LAW Аннотация / Annotation:
The article covers special features of implementation of common law in local communities. Common law being an integral part of ethnic culture determines legal consciousness and mentality of population, which are kept in the modernity.
Ключевые слова / Keywords:
common law, social organism, system of law.
MOROZ E.V. Moroz E.V. – Professor of the Department of Theory and History of State and Law of Russian State University for Economy and Trade, Kemerovo Institute (Branch), Doctor of History, Associate Professor
Law and power in totalitarian state (based on analysis of political and legal doctrines of bolshevism and national-socialism)
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Аннотация / Annotation:
The process of interaction between law and power in a totalitarian state through representation of contents of political and legal doctrines of bolshevism and National Socialism is considered in the article. Based on analysis of works of the most well-known soviet and Nazi ideologists and jurists the author shows main traits and characteristics of totalitarian law and its putting into practice.
Ключевые слова / Keywords:
law, power, state, totalitarianism, bolshevism, national-socialism, fascism.
Аннотация / Annotation:
The process of interaction between law and power in a totalitarian state through representation of contents of political and legal doctrines of bolshevism and National Socialism is considered in the article. Based on analysis of works of the most well-known soviet and Nazi ideologists and jurists the author shows main traits and characteristics of totalitarian law and its putting into practice.
Ключевые слова / Keywords:
law, power, state, totalitarianism, bolshevism, national-socialism, fascism.
KODINTSEV A.YA. Kodintsev A.Ya. – Associate Professor of the Department of Theory and History of Law of Surgut State University, PhD in History
Higher extramural juridical education in the USSR in 30-50s of 20th century
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Аннотация / Annotation:
The article covers history of extramural juridical education in the USSR in 30-50s of 20th century. Evolution of the structure and activity of educational institutions of law enforcement agencies is tracked. Campaigns of dissemination and reorganization of extramural education are considered.
Ключевые слова / Keywords:
pedagogic councils, extramural divisions, juridical courses, All-Russian extramural juridical institute, Central extramural juridical institute.
Аннотация / Annotation:
The article covers history of extramural juridical education in the USSR in 30-50s of 20th century. Evolution of the structure and activity of educational institutions of law enforcement agencies is tracked. Campaigns of dissemination and reorganization of extramural education are considered.
Ключевые слова / Keywords:
pedagogic councils, extramural divisions, juridical courses, All-Russian extramural juridical institute, Central extramural juridical institute.
GAVRILOVA A.V. Gavrilova A.V. – Associate Professor of the Department of Theory and History of State and Law of GOU VPO Kemerovo State University, PhD in Law
Judicial system of eastern regions of the Russian empire in the second half of 19th - beginning of 20th centuries
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Аннотация / Annotation:
The period of implementation of the judicial reform in Siberia and Far East in the end of 19th century is considered in the article. The great attention is paid to reorganization of the judicial system including organization of general and justice courts. Judicial institute of the jury in the Western Siberia is estimated.
Ключевые слова / Keywords:
judicial reform, судебная реформа, district court, chamber of appeals, the jury.
SCIENTIFIC DEBUTАннотация / Annotation:
The period of implementation of the judicial reform in Siberia and Far East in the end of 19th century is considered in the article. The great attention is paid to reorganization of the judicial system including organization of general and justice courts. Judicial institute of the jury in the Western Siberia is estimated.
Ключевые слова / Keywords:
judicial reform, судебная реформа, district court, chamber of appeals, the jury.
VINNITSKIY I.E. Vinnitskiy I.E. – Applicant of Povolzhskaya Academy of State Service in the Name of P.A. Stolypin; Advisor of the Head of Odintsovo Municipal District of Moscow Region
Legitimacy, justice and practicability in law enforcement of legal authorities
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Аннотация / Annotation:
The article covers analysis of principles of legitimacy, justice and practicability in law enforcement of legal authorities. The great attention is paid to investigation of legitimacy in the aspect of law enforcement of authorities, acting as power. A role of justice and practicability as limits of enforcement power is shown.
Ключевые слова / Keywords:
principle, legitimacy, justice, practicability, law enforcement, power.
Аннотация / Annotation:
The article covers analysis of principles of legitimacy, justice and practicability in law enforcement of legal authorities. The great attention is paid to investigation of legitimacy in the aspect of law enforcement of authorities, acting as power. A role of justice and practicability as limits of enforcement power is shown.
Ключевые слова / Keywords:
principle, legitimacy, justice, practicability, law enforcement, power.
KHAVZHOKOVA Z.B. Khavzhokova Z.B. – Postgraduate Student of the Modern University for the Humanities
Problems of partition of legal power in a field of honor, dignity and business reputation protection: issues of qualification
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Аннотация / Annotation:
The article covers the problems of partition of legal power in a field of honor, dignity and business reputation protection. The great attention is paid to analysis of correlation between various types of legal responsibility for law violations related to honor, dignity and business reputation.
Ключевые слова / Keywords:
qualification of law breakers, honor, dignity and businesses reputation protection, information discrete honor, dignity and businesses reputation.
Аннотация / Annotation:
The article covers the problems of partition of legal power in a field of honor, dignity and business reputation protection. The great attention is paid to analysis of correlation between various types of legal responsibility for law violations related to honor, dignity and business reputation.
Ключевые слова / Keywords:
qualification of law breakers, honor, dignity and businesses reputation protection, information discrete honor, dignity and businesses reputation.
GULEY M.V. Guley M.V. – Postgraduate Student of the Modern University for the Humanities
Actual issues of civil and legal regulation of housing and public utility services
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Аннотация / Annotation:
The article is the result of scientific and practical research of actual problems of provision of housing and public utility services in Russia. The author in the article uses new legislation and other regulatory acts, which comparative analysis enables not only detect the collisions of several acts regulating housing and public utility services but also to propose solution for getting over.
Ключевые слова / Keywords:
housing and public utility services, public services, legal relation, consumer.
Аннотация / Annotation:
The article is the result of scientific and practical research of actual problems of provision of housing and public utility services in Russia. The author in the article uses new legislation and other regulatory acts, which comparative analysis enables not only detect the collisions of several acts regulating housing and public utility services but also to propose solution for getting over.
Ключевые слова / Keywords:
housing and public utility services, public services, legal relation, consumer.