Право и образование
№ 09 • 2010
MODERN EDUCATION
OSIPOV M.YU. Osipov M.Yu. – Senior Researcher of the Institute of Law and Management of All-Russian Police Association, PhD in Law
Inssue of Improvement of Organization of Higher Education in the Russian Federation
Страницы / Pages: 4-8
Аннотация / Annotation:
One of the problems in modern education is a problem of its quality increasing. The article represents basic components of a system crisis in higher education and main ways of increasing quality of higher eduaction.
Ключевые слова / Keywords:
higher education, system crisis, organization, a theory of eduaction.
Аннотация / Annotation:
One of the problems in modern education is a problem of its quality increasing. The article represents basic components of a system crisis in higher education and main ways of increasing quality of higher eduaction.
Ключевые слова / Keywords:
higher education, system crisis, organization, a theory of eduaction.
TTITOVETS T.E. Ttitovets T.E. – Doctor’s Degree Student of the Department of Pedagogy of Belorussian State Pedagogic University in the name of Maxim Tank, PhD in Pedagogy, Associate Professor
Intergration of juridical and pedagogic disciplines within the system of professional training of a teacher
Страницы / Pages: 9-13
Аннотация / Annotation:
Experience of inclusion of a legal discourse in pedagogic ethic and its usage for developing pedagogic science is considered in the article. Also the author concludes that system of professional training of a teacher depends on degree of implementation of interdisciplinary integration in eduactional process of a higher eduactional institution.
Ключевые слова / Keywords:
integration of juridical and pedagogic disciplines, professional training of a teacher, jurist’s training.
Аннотация / Annotation:
Experience of inclusion of a legal discourse in pedagogic ethic and its usage for developing pedagogic science is considered in the article. Also the author concludes that system of professional training of a teacher depends on degree of implementation of interdisciplinary integration in eduactional process of a higher eduactional institution.
Ключевые слова / Keywords:
integration of juridical and pedagogic disciplines, professional training of a teacher, jurist’s training.
KHVOROSTOV A.YU. Khvorostov A.Yu. – Associate Professor of Novokuznetsk Institute of Kemerovo State University, PhD in Pedagogy
Unification of juridical education
Страницы / Pages: 14-18
Аннотация / Annotation:
The author concludes that juridical eduaction as nothing else can be a subject of unification. Existing European standards of juridical education enables to recognized national diplomas in future and retrain jurists in another country.
Ключевые слова / Keywords:
juridical education, unification, unified ducational proceeses, standartization of education.
Аннотация / Annotation:
The author concludes that juridical eduaction as nothing else can be a subject of unification. Existing European standards of juridical education enables to recognized national diplomas in future and retrain jurists in another country.
Ключевые слова / Keywords:
juridical education, unification, unified ducational proceeses, standartization of education.
NAGOVITSINA T.A. Nagovitsina T.A. – Senior Teacher of the Academy for Social Eduaction (Kazan Social and Juridical Institute)
Innovative Approach to Minor Prisoners’ Teaching in Various National Republics in a Correctional Facilities
Страницы / Pages: 19-23
Аннотация / Annotation:
The article covers a problem of innovative approach to minor prisoners teaching in various national republics in correctional facilities. In national republics, for example Tatarstan, we need to pay attention to national specilities and develop innovative methods of work with prisoners. In secondary school Tatar language is an obligatory discipline. And in a correctional facility in Kazan we also made this discipline obligatory for all minor rprisoners.
Ключевые слова / Keywords:
innovative approach, minor prisoners teaching, a correctional facility, specialities of a national republic, overpersuasion as a mean of psychological effect.
DISCUSSING THE PROBLEMАннотация / Annotation:
The article covers a problem of innovative approach to minor prisoners teaching in various national republics in correctional facilities. In national republics, for example Tatarstan, we need to pay attention to national specilities and develop innovative methods of work with prisoners. In secondary school Tatar language is an obligatory discipline. And in a correctional facility in Kazan we also made this discipline obligatory for all minor rprisoners.
Ключевые слова / Keywords:
innovative approach, minor prisoners teaching, a correctional facility, specialities of a national republic, overpersuasion as a mean of psychological effect.
KOZHEVNIKOV O.A. Kozhevnikov O.A. – Head of the Department of Legal Support of the Committee in Juridical Work of the Administration of the City of Yekaterinburg, Associate Professor of the Department of Constitutional Law of Ural State Juridical Academy, Doctor of Law
Reformation of Legislation of Non-Commercial Organization Should Be Based Exclusively on Complex Inter-Branch Regulation Taking into Account the Constitution and International and Legal Obligations of the Russian Federation
Страницы / Pages: 24-32
Аннотация / Annotation:
The article covers one of the actual problems of modern Russia formation of new legal basis of existing and activity of non-commercial organizations taking into account the Constitution of the Russian Federation and legislative practice of the Constitutional Court of the Russian Federation and the European Court on Human Rights. As investigated the author concludes that various attempts of branch improvement of legislation of non-commercial organizations without complex contents of legal status of non-commercial organizations can be followed by contradictions and new claims from citizens and over-national institutes including courts.
Ключевые слова / Keywords:
law, non-commercial organization, the European Court on Human Rights, the Constitutional Court of the Russian Federation, right to unify, legislation of non-commecrcial organizations.
Аннотация / Annotation:
The article covers one of the actual problems of modern Russia formation of new legal basis of existing and activity of non-commercial organizations taking into account the Constitution of the Russian Federation and legislative practice of the Constitutional Court of the Russian Federation and the European Court on Human Rights. As investigated the author concludes that various attempts of branch improvement of legislation of non-commercial organizations without complex contents of legal status of non-commercial organizations can be followed by contradictions and new claims from citizens and over-national institutes including courts.
Ключевые слова / Keywords:
law, non-commercial organization, the European Court on Human Rights, the Constitutional Court of the Russian Federation, right to unify, legislation of non-commecrcial organizations.
CHUPINA G.A. Chupina G.A. – Doctor of Philosophy, Professor
SOSHNIKOVA I.V. Soshnikova I.V. – Senior Teacher of the Department of Law of Ural State Economic University
Complex Approach to a Problem of Fighting against Family Violence
Страницы / Pages: 33-44
Аннотация / Annotation:
Considering family violence as a power-force action damaging a human as a member of this family and derogating from his/her rights as an individual authors determine a structure of family violence as a subject-object relation and social action, show its levels and a place in a system of suppositions, conditions and factors of public life, and demonstrate social danger of this event and possible ways of application of a complex approach to fighting against family violence. This apporch includes ideas of integrity of an object of cognition and practice of its unity with environment’s conditions and living factors.
Ключевые слова / Keywords:
complex approach, macrosociological model, violence, supposition, legal regulation, social policy, family values, system and targeted activity, conditions, factors of fighting against family violence.
Аннотация / Annotation:
Considering family violence as a power-force action damaging a human as a member of this family and derogating from his/her rights as an individual authors determine a structure of family violence as a subject-object relation and social action, show its levels and a place in a system of suppositions, conditions and factors of public life, and demonstrate social danger of this event and possible ways of application of a complex approach to fighting against family violence. This apporch includes ideas of integrity of an object of cognition and practice of its unity with environment’s conditions and living factors.
Ключевые слова / Keywords:
complex approach, macrosociological model, violence, supposition, legal regulation, social policy, family values, system and targeted activity, conditions, factors of fighting against family violence.
POPOVA T.V. Popova T.V. – Associate Professor of the Department of Civil Law and Proceeses of the Academy for Economic Security of the Ministry of Internal Affairs of Russia, PhD in Law
PRIZHENNIKOVA A.N. Prizhennikova A.N. – Associate Professor of the Department of Entrepreneural Law, Civil and Arbitration Procedures of FGOU VPO Financial Academy under the Government of the Russian Federation, PhD in Law
Specialities of labor contracts
Страницы / Pages: 45-56
Аннотация / Annotation:
The article covers specialities of labor contracts in accordance with existing legislation. The author considers specialities of a labor contract with an employee, who will work at the Russian representative office abroad, specialities of regulating of work of people concluded a labor contract for two months in a season, part-time workers and labors contracts for foreign citizens in the territory of the Russian Federation.
Ключевые слова / Keywords:
a labor contract, labor relations, an employer and employee, warranties and compensations, a service record, dismiss.
Аннотация / Annotation:
The article covers specialities of labor contracts in accordance with existing legislation. The author considers specialities of a labor contract with an employee, who will work at the Russian representative office abroad, specialities of regulating of work of people concluded a labor contract for two months in a season, part-time workers and labors contracts for foreign citizens in the territory of the Russian Federation.
Ключевые слова / Keywords:
a labor contract, labor relations, an employer and employee, warranties and compensations, a service record, dismiss.
KISTEREVA M.V. Kistereva M.V. – Head of the Additional Office 040 of Balashikha Branch No.8083 of the Bank of Russia
Legal Status of the Bank of Russia as a Participant of Relations of Servicing related to Organization and Functioning of Centralized Calculating Systems in the Russian Federation
Страницы / Pages: 57-66
Аннотация / Annotation:
The article includes description of types of calculating systems in the Russian Federation. Great attention is paid to functions, warranties of activity and independence of the Bank of Russia. The author proposes to make some changes in legislation related to improvement of a process of interaction of the Bank of Russia with other organizations.
Ключевые слова / Keywords:
the Bank of Russia, legal dualism, warranties, supervision, control, independence.
Аннотация / Annotation:
The article includes description of types of calculating systems in the Russian Federation. Great attention is paid to functions, warranties of activity and independence of the Bank of Russia. The author proposes to make some changes in legislation related to improvement of a process of interaction of the Bank of Russia with other organizations.
Ключевые слова / Keywords:
the Bank of Russia, legal dualism, warranties, supervision, control, independence.
LICHKOVAKHA A.V. Lichkovakha A.V. – Senior Teacher of the Department of Theory and History of Russian and Foreign Law of the Institute of Law and Management of Vladivostok State University for Economics and Service
Vertical Power Structure and Constitutional Principle of Separation of Powers
Страницы / Pages: 67-72
Аннотация / Annotation:
The article covers a problem of organization of state power in the Russian Federation. The accent is made on a problem of disbalance in a vertical power structure, which is expressed in strong president’s power. Proposals on improvement of interaction and functioning of state power without changing of juridical construction of a form of power fixed in the Constitution of the Russian Federation 1993 are given.
Ключевые слова / Keywords:
a form of power, a principle of separation of powers, checks and balances, president’s power.
PAGES OF HISTORYАннотация / Annotation:
The article covers a problem of organization of state power in the Russian Federation. The accent is made on a problem of disbalance in a vertical power structure, which is expressed in strong president’s power. Proposals on improvement of interaction and functioning of state power without changing of juridical construction of a form of power fixed in the Constitution of the Russian Federation 1993 are given.
Ключевые слова / Keywords:
a form of power, a principle of separation of powers, checks and balances, president’s power.
BERLYAVSKIY L.G. Berlyavskiy L.G. – Professor of the Department of Constitutional and Municipal Law of Rostov State Economic University RINKH, Doctor of History, PhD in Law
Legal Status of Scientists and Teachers in Higher Eduactional Instotutions in 1917-1920 years
Страницы / Pages: 73-81
Аннотация / Annotation:
The article covers analysis of legal status of scientists and teachers in higher eduactional institutions in Soviet Russia in 1917-1920 years. Legal acts regulating countermand of scientific degrees for scientists and established work faculties in higher educational institutions are investigeted on the basis of historic and law and formal and juridical methods. Great attention is paid to legal fundamentals of privileges and encouragement of scientific activity and repressive measures of state duress in relation to teaching staff.
Ключевые слова / Keywords:
legal status, a scientist, higher eduactional institution, scientific degrees, work faculties.
Аннотация / Annotation:
The article covers analysis of legal status of scientists and teachers in higher eduactional institutions in Soviet Russia in 1917-1920 years. Legal acts regulating countermand of scientific degrees for scientists and established work faculties in higher educational institutions are investigeted on the basis of historic and law and formal and juridical methods. Great attention is paid to legal fundamentals of privileges and encouragement of scientific activity and repressive measures of state duress in relation to teaching staff.
Ключевые слова / Keywords:
legal status, a scientist, higher eduactional institution, scientific degrees, work faculties.
ANDREEVA I.A. Andreeva I.A. – PhD in History, Associate Professor of the Department of Theory and Hoistory of Law and State of Omsk Academy of the Ministry of Internal Affairs of Russia
Development of the System of Professional Training of Police Officers in France (in 1980-2000ies)
Страницы / Pages: 82-92
Аннотация / Annotation:
The article covers historic aspects of development of a system of professional training of police officers in France and modern challenges to its development. Great attention is paid to organization of initial training of policemen based on a competence approach.
Ключевые слова / Keywords:
police education, a system of professional training, professional training, educational institutions, assessment of quality of training, the national police of France, a police reform.
Аннотация / Annotation:
The article covers historic aspects of development of a system of professional training of police officers in France and modern challenges to its development. Great attention is paid to organization of initial training of policemen based on a competence approach.
Ключевые слова / Keywords:
police education, a system of professional training, professional training, educational institutions, assessment of quality of training, the national police of France, a police reform.
NOKHRIN V.M. Nokhrin V.M. – Postgraduate Student of the Department of Theory and History of State and Law of the Institute of State and Law and Tumen State University
Legal Status of Military School in Russia in the First Half of 19th Century
Страницы / Pages: 93-99
Аннотация / Annotation:
Legal status of military schools and development of the system of military education in the Russian Empire are considered in the article. Legal status is ivestigated through analysis of its key components: a status of military eduactional institutions in a state mechanism, their rights and obligations.
Ключевые слова / Keywords:
a military eduactional institution, legal status, rights and obligations of a military eduactional institution, a system of military education in the Russian Empire.
SCIENTIFIC DEBUTАннотация / Annotation:
Legal status of military schools and development of the system of military education in the Russian Empire are considered in the article. Legal status is ivestigated through analysis of its key components: a status of military eduactional institutions in a state mechanism, their rights and obligations.
Ключевые слова / Keywords:
a military eduactional institution, legal status, rights and obligations of a military eduactional institution, a system of military education in the Russian Empire.
GORCHILIN I.O. Gorchilin I.O. – MUH Postgraduate Student
Issue of Reasons and Conditions of Illegal Entrepreneurship in Small Business
Страницы / Pages: 100-109
Аннотация / Annotation:
The article covers four complexes of reasons, which can facilitate illegal entrepreneurship in the Russian Federation, such as mistakes of development of market economy in a country, lacks of a tax system, administrative barriers in registration, activity control and closing of business and absense of interaction of information systems of institutes related to regulation and support of small business.
Ключевые слова / Keywords:
small entrepreneurship, administrative barriers, tax privileges.
Аннотация / Annotation:
The article covers four complexes of reasons, which can facilitate illegal entrepreneurship in the Russian Federation, such as mistakes of development of market economy in a country, lacks of a tax system, administrative barriers in registration, activity control and closing of business and absense of interaction of information systems of institutes related to regulation and support of small business.
Ключевые слова / Keywords:
small entrepreneurship, administrative barriers, tax privileges.
KORNEEVA T.R. Korneeva T.R. – Postgraduate Student of the Department of Criminal Law of the Modern University for the Humanities
Issue of Corruption and Abuse of Official Powers
Страницы / Pages: 110-121
Аннотация / Annotation:
One of point at issues concerning abuse of official powers is definition of the concepts ‘corruption’ and ‘official person’. Also adoption of the Federal law ‘Fighting against Corruption’ in the Art.285 of the Criminal Code of the Russian Federation adds new terms such as ‘foreign official persons’, ‘official persons inside a public international organization’, which can be determined legislatively.
Ключевые слова / Keywords:
corruption, abuse of official powers, an official person, public officers, powers of an official person, functions of an official person, foreign official persons, official persons of public international organization.
Аннотация / Annotation:
One of point at issues concerning abuse of official powers is definition of the concepts ‘corruption’ and ‘official person’. Also adoption of the Federal law ‘Fighting against Corruption’ in the Art.285 of the Criminal Code of the Russian Federation adds new terms such as ‘foreign official persons’, ‘official persons inside a public international organization’, which can be determined legislatively.
Ключевые слова / Keywords:
corruption, abuse of official powers, an official person, public officers, powers of an official person, functions of an official person, foreign official persons, official persons of public international organization.
BOIKO V.N. Boiko V.N. – Assistant of the Deputy of the Legislative Committee of Vladimir Region
New State Approaches to Development of Legal Measures related to Supression of Possible Abuse and Improvment of Conditions for Legal Implementation of Civil Rights and Freedoms
Страницы / Pages: 122-134
Аннотация / Annotation:
Theoretical and new practical approaches to law enforcement of representative organs of federal and regional power in Vladimir Region related to supression of law and development of conditions for legal implementation of civil rights and freedoms are considered in the article.
Ключевые слова / Keywords:
Аннотация / Annotation:
Theoretical and new practical approaches to law enforcement of representative organs of federal and regional power in Vladimir Region related to supression of law and development of conditions for legal implementation of civil rights and freedoms are considered in the article.
Ключевые слова / Keywords:
KUTYUKOV D.V. Kutyukov D.V. – Postgraduate Student of the Modern University for the Humanities
Special features of an individual entrepreneur
Страницы / Pages: 135-143
Аннотация / Annotation:
The article covers specialties of the legal status of an individual entrepreneur. They are the base, which creates serious suppositions for economic development. The more possibilities of an entrepreneur has, the higher parameters of growth of the national economy.
Ключевые слова / Keywords:
entrepreneurship, subject of entrepreneurship, legal status, constitution, the Civil Code, a federal law.
Аннотация / Annotation:
The article covers specialties of the legal status of an individual entrepreneur. They are the base, which creates serious suppositions for economic development. The more possibilities of an entrepreneur has, the higher parameters of growth of the national economy.
Ключевые слова / Keywords:
entrepreneurship, subject of entrepreneurship, legal status, constitution, the Civil Code, a federal law.
SOKOLOVA A.N. Sokolova A.N. – Student of the Faculty of Global Processes of Moscow State University in the name of M.V. Lomonosov
Information Technologies within the Context of Assymetrical Conflicts: Experience of USA and Russia
Страницы / Pages: 144-154
Аннотация / Annotation:
The article covers a problem of use of information technologies in assymetrical conflicts. Growing value of information influence in local and international assimetrical conflicts and underrun of Russia in estimation of a value of use of modern information technologies in such situations show necessity of investigating US experience in details, because USA is a leader in use of modern information technologies for brainwash of the masses.
Ключевые слова / Keywords:
assymetrical conflict, information technologies, mass media.
Аннотация / Annotation:
The article covers a problem of use of information technologies in assymetrical conflicts. Growing value of information influence in local and international assimetrical conflicts and underrun of Russia in estimation of a value of use of modern information technologies in such situations show necessity of investigating US experience in details, because USA is a leader in use of modern information technologies for brainwash of the masses.
Ключевые слова / Keywords:
assymetrical conflict, information technologies, mass media.