Право и образование
№ 09 • 2011
ОБРАЗОВАНИЕ: ОПЫТ И ПРАКТИКАSOKOL’SKAYA L.V.
Sokol’skaya L.V. – Head of the Department of Civil and Legal Disciplines of Moscow State Regional Institute, Orekhovo-Zuevo, PhD in Law, Associate Professor
Legal Education in Social and Cultural Changes in a Society
Страницы / Pages: 4-9
Аннотация / Annotation:
The article covers specifics of modern contents of legal education, a model of legal behavior and methods of teaching of legal disciplines.
Ключевые слова / Keywords:
cultural concepts of law, innovative technologies of education, a case methods, baccalaureate.
TRETYAKOVA O.V. Аннотация / Annotation:
The article covers specifics of modern contents of legal education, a model of legal behavior and methods of teaching of legal disciplines.
Ключевые слова / Keywords:
cultural concepts of law, innovative technologies of education, a case methods, baccalaureate.
Tretyakova O.V. – Head of the Department of Journalism of Nothern (Arctic) Federal University in the name of M.V. Lomonosov, PhD in Political Sciences, Associate Professor
Legal Fundemantals of Journalism as an Educational and Scientific Discipline
Страницы / Pages: 10-23
Аннотация / Annotation:
The article covers a status of educational and scientific discipline ‘Legal Fundamentals of Journalism’, its role and place within the system of journalistic education. An author shows a concept of mass-information law, its contents and functions, and interactions with a science of law and social theories of journalism. Great attention is paid to investigation of a law of mass media as an object of investigation of a special science and a problem of development of general theoretical fndamentals of legal basis of journalism, its concept means, determination of an object, subject and methodology of its scientific discipline.
Ключевые слова / Keywords:
mass and information law, a legal culture, theories of journalism, methodology, a branch of a scientific knowledge.
KRIVENKOVA A.S. Аннотация / Annotation:
The article covers a status of educational and scientific discipline ‘Legal Fundamentals of Journalism’, its role and place within the system of journalistic education. An author shows a concept of mass-information law, its contents and functions, and interactions with a science of law and social theories of journalism. Great attention is paid to investigation of a law of mass media as an object of investigation of a special science and a problem of development of general theoretical fndamentals of legal basis of journalism, its concept means, determination of an object, subject and methodology of its scientific discipline.
Ключевые слова / Keywords:
mass and information law, a legal culture, theories of journalism, methodology, a branch of a scientific knowledge.
Krivenkova A.S. – Senior Teacher of the Department of Information Technologies and Communication of Khabarovsk Border Institute of the Federal Security Service of Russia, PhD in Pedagogy
An Issue of Modernization of a System of Professional Training of Officers
Страницы / Pages: 24-28
Аннотация / Annotation:
The article covers analysis of new social and cultural processes of modernization of professional military education in Russia.
Ключевые слова / Keywords:
professional military education, national security, modernization, officers’ training.
BOGDANOVA V.I. Аннотация / Annotation:
The article covers analysis of new social and cultural processes of modernization of professional military education in Russia.
Ключевые слова / Keywords:
professional military education, national security, modernization, officers’ training.
Bogdanova V.I. – Applicant of the Department of Pedagogy and Methods of Higher Professional Education of Kazan State Technological University
SHAGEEVA F.T. Shageeva F.T. – Professor of the Department of Pedagogy and Methods of Higher Professional Education of Kazan State Technological University, Doctor of Pedagogy
Страницы / Pages: 29-40
Аннотация / Annotation:
The article covers a problem of training of specialists in a light industry in conditions of transfer from large production to small production. A model of training of specialists in a light industry in conditions of integration of higher and supplementary professional education and its characteristics is given.
Ключевые слова / Keywords:
a model, training, higher vocational training, supplementary vocational training, integration.
KOSTINA O.V. Аннотация / Annotation:
The article covers a problem of training of specialists in a light industry in conditions of transfer from large production to small production. A model of training of specialists in a light industry in conditions of integration of higher and supplementary professional education and its characteristics is given.
Ключевые слова / Keywords:
a model, training, higher vocational training, supplementary vocational training, integration.
Kostina O.V. – Assistant of the Department of Theory of Language of Kirov Institute of Foreign Languages
A Pedagogic Model of Development of Personal Freedom of Future Linguists-Interpreters during Professional Training at a University
Страницы / Pages: 41-50
Аннотация / Annotation:
Definitions of concepts ‘personal freedom’ and ‘personal freedom of an interpreter’ are given in the article; a pedagogic model of development of personal freedom of future linguists-interpreters during professional university training is described.
Ключевые слова / Keywords:
personal freedom of an interpreter, a pedagogic model, ways of development of personal freedom.
ОБРАЗОВАТЕЛЬНОЕ ПРАВОАннотация / Annotation:
Definitions of concepts ‘personal freedom’ and ‘personal freedom of an interpreter’ are given in the article; a pedagogic model of development of personal freedom of future linguists-interpreters during professional university training is described.
Ключевые слова / Keywords:
personal freedom of an interpreter, a pedagogic model, ways of development of personal freedom.
DUBROVINA S.YU.
Dubrovina S.Yu. – Associate Professor of the Department of Human and Natural Scientific Disciplines of Balashov Branch of Povolzhskaya Academy of the State Service under the President of the Russian Federation, PhD in Law
A By-Law as a Source of Legal Regulation of Administrative Relations in a Sphere of Education
Страницы / Pages: 51-54
Аннотация / Annotation:
A by-law, its legal nature and practical implementation in a process of regulation of administrative relations is analyzed in the article.
Ключевые слова / Keywords:
a by-law of an educational institution, legal nature of a by-law, a competence of an educational institution and its founder, a unified legal approach to fixing pedagogic and juridical specifics of legal regulation of activity of all types of educational institutions.
LEVSHIN A.N. Аннотация / Annotation:
A by-law, its legal nature and practical implementation in a process of regulation of administrative relations is analyzed in the article.
Ключевые слова / Keywords:
a by-law of an educational institution, legal nature of a by-law, a competence of an educational institution and its founder, a unified legal approach to fixing pedagogic and juridical specifics of legal regulation of activity of all types of educational institutions.
Levshin A.N. – Associate Professor of the Department of Civil Law and Procedures of Ulyanovsk State University, PhD in Law
Children’s Right for Education and Responsibilities of Parents in Implementing this Right
Страницы / Pages: 55-60
Аннотация / Annotation:
The article covers a legal analysis of children’s right for education and responsibilities of parents in implementing this right. An author analyzes rights and responsibilities of parents in education of their children and considers specifics of regulation of relations between children and parents especially in a field of education.
Ключевые слова / Keywords:
parents, rights of parents, reponsibilities of parents, education, children, a family.
KHUSHTOKOVA E.V. Аннотация / Annotation:
The article covers a legal analysis of children’s right for education and responsibilities of parents in implementing this right. An author analyzes rights and responsibilities of parents in education of their children and considers specifics of regulation of relations between children and parents especially in a field of education.
Ключевые слова / Keywords:
parents, rights of parents, reponsibilities of parents, education, children, a family.
Khushtokova E.V. – Postgraduate Student of the Department of History of State Administration of the Academy of Agriculture and State Service under the President of the Russian Federation
A Reform of Higher School in the Russian Federation in 90ies of 20th century: Legal Fundamentals
Страницы / Pages: 61-69
Аннотация / Annotation:
In the article an author gives a historic review of a system of Russian education in 90ies years of 20th century. Great attention is paid to adoption of laws regulating education. Main problems and ways of modernization of Russian education in the given period of time are represented.
Ключевые слова / Keywords:
legal fundamentals of education, reforms of higher school, higher education, reforming of Russian education, educational legislation, law and education.
ТЕОРИЯ ПРАВААннотация / Annotation:
In the article an author gives a historic review of a system of Russian education in 90ies years of 20th century. Great attention is paid to adoption of laws regulating education. Main problems and ways of modernization of Russian education in the given period of time are represented.
Ключевые слова / Keywords:
legal fundamentals of education, reforms of higher school, higher education, reforming of Russian education, educational legislation, law and education.
DEMCHENKO T.I.
Demchenko T.I. – Associate Professor of the Department of Theory of State and Law of Stavropol State University, PhD in Law
Full Understanding of Consciousness
Страницы / Pages: 70-79
Аннотация / Annotation:
The article shows some issues of historic development of consciousness of Russian people, given analysis of various approaches in Russian and foreign historiography to understanding problems of modern consciousness.
Ключевые слова / Keywords:
legal consciousness, being, matter, hitoric tradition, understanding of law.
ISHEKOV K.A. Аннотация / Annotation:
The article shows some issues of historic development of consciousness of Russian people, given analysis of various approaches in Russian and foreign historiography to understanding problems of modern consciousness.
Ключевые слова / Keywords:
legal consciousness, being, matter, hitoric tradition, understanding of law.
Ishekov K.A. – Associate Professor of the Department of Constitutional Law of Povolzhskaya Academy of State Service in the name of P.A. Stolypin, PhD in Law
Functions of Constitutions (By-Laws) of Constituent Entities of the Russian Federation in a Mechanism of Implementation of Law
Страницы / Pages: 80-90
Аннотация / Annotation:
A comparative analysis of a functional role of constitutions (by-laws) of constituent entities of the Russian Federation and federal Constitution is coducted in the article. Specifics of main functions of regional constitutions is set; their place and meaning in a mechanism of implementation of constitutional rights is shown.
Ключевые слова / Keywords:
a function, a constitution (by-law), a constituent entity of the Russian Federation, implementation.
BERESTOVOI A.N. Аннотация / Annotation:
A comparative analysis of a functional role of constitutions (by-laws) of constituent entities of the Russian Federation and federal Constitution is coducted in the article. Specifics of main functions of regional constitutions is set; their place and meaning in a mechanism of implementation of constitutional rights is shown.
Ключевые слова / Keywords:
a function, a constitution (by-law), a constituent entity of the Russian Federation, implementation.
Berestovoi A.N. – Associate Professor of the Department of Criminal Law of Saint-Petersburg University of the Ministry of Internal Affairs of Russia, PhD in Law
Social and Legal Nature of Circumstances Excluding a Criminal Action
Страницы / Pages: 91-97
Аннотация / Annotation:
The article covers a problem of differentiation between legal and illegal actions, what is a fundamental problem of criminal and legal regulation, solution of which is based on development of contents of legal procedures and material of a criminal legislation. Traditionally the main way of solving this problem is banning of these or those criminal actions.
Ключевые слова / Keywords:
circumstances excluding a criminal action, a crime, conditions of legality, a legal action, a criminal and legal qualification.
RYZHOV A.A. Аннотация / Annotation:
The article covers a problem of differentiation between legal and illegal actions, what is a fundamental problem of criminal and legal regulation, solution of which is based on development of contents of legal procedures and material of a criminal legislation. Traditionally the main way of solving this problem is banning of these or those criminal actions.
Ключевые слова / Keywords:
circumstances excluding a criminal action, a crime, conditions of legality, a legal action, a criminal and legal qualification.
Ryzhov A.A. – Associate Professor of the Department of Theory of State and Law of Moscow University of the Ministry of Internal Affairs of Russia, PhD in Law
A political factor in russian legal reality
Страницы / Pages: 98-104
Аннотация / Annotation:
A historic process of formation and development of a political factor in Russian law and its arising under pressure of sham legal norms and legal nihilism is investigated in the article.
Ключевые слова / Keywords:
power, a political factor, formation and development of Russian law, sham law, legal nihilism, a partner basis in law.
TIMOFEEVA I.YU. Аннотация / Annotation:
A historic process of formation and development of a political factor in Russian law and its arising under pressure of sham legal norms and legal nihilism is investigated in the article.
Ключевые слова / Keywords:
power, a political factor, formation and development of Russian law, sham law, legal nihilism, a partner basis in law.
Timofeeva I.Yu. – Doctor’s Degree Student of Moscow University of the Ministry of Internal Affairs of Russia, PhD in Economics
Actual Problems of Modernization of Tax Consciousness and Tax Security
Страницы / Pages: 105-113
Аннотация / Annotation:
The article covers a problem of development of tax consciousness, which depends on moral and psychological perception an implemented tax policy by citizens. By author’s opinion initial perception of tax culture is a more effective approach, than changing of negative relation to this.
Ключевые слова / Keywords:
tax consciousness, tax culture, economic security, tax security.
ОБСУЖДАЕМ ПРОБЛЕМУАннотация / Annotation:
The article covers a problem of development of tax consciousness, which depends on moral and psychological perception an implemented tax policy by citizens. By author’s opinion initial perception of tax culture is a more effective approach, than changing of negative relation to this.
Ключевые слова / Keywords:
tax consciousness, tax culture, economic security, tax security.
VLADYKINA T.A.
Vladykina T.A. – Associate Professor of Blagoveshchensk Branch of the Modern University for the Humanities, PhD in Law
Breach of Duties of Education of a Minor is a Crime
Страницы / Pages: 114-126
Аннотация / Annotation:
An author of the article shows problems of criminal prosecution in a case of breach of duties of education of a minor and proposes possible ways of their solving on the basis of a criminal law, norms of criminal and procedural law, materials of investigative and judicial practice.
Ключевые слова / Keywords:
a child, crimes against minors, cruel treatment with minors, qualification of crimes.
SIVOLAP T.E. Аннотация / Annotation:
An author of the article shows problems of criminal prosecution in a case of breach of duties of education of a minor and proposes possible ways of their solving on the basis of a criminal law, norms of criminal and procedural law, materials of investigative and judicial practice.
Ключевые слова / Keywords:
a child, crimes against minors, cruel treatment with minors, qualification of crimes.
Sivolap T.E. – Associate Professor of the Department of Human Sciences of Saint-Petersburg State University for Cinema and Television, PhD in History
Problems of legal protection of natural resources in modern Russia
Страницы / Pages: 127-138
Аннотация / Annotation:
The article covers actual problems of support of protection of natural resources in conditions of arising ecological crisis. Last time there is a necessity to amend legislation, to improve legal practice for correct reacting on breaking of legal norms in a field of protection of environment.
Ключевые слова / Keywords:
natural resources, an ecological crisis, legal protection, specially protected lands, reservations, cultural landscape.
FEDOSEEVA E.L. Аннотация / Annotation:
The article covers actual problems of support of protection of natural resources in conditions of arising ecological crisis. Last time there is a necessity to amend legislation, to improve legal practice for correct reacting on breaking of legal norms in a field of protection of environment.
Ключевые слова / Keywords:
natural resources, an ecological crisis, legal protection, specially protected lands, reservations, cultural landscape.
Fedoseeva E.L. – Senior Teacher of the Department of Criminal Procedures of Ural Juridical Institute of the Ministry of Internal Affairs of Russia
Problems of determination of a final stage of a motion of concluding a pre-trial partnership agreement
Страницы / Pages: 139-145
Аннотация / Annotation:
Norms, regulating an order and terms limiting a person suspected in moving of concluding a pre-trial partnership agreement, are considered in the article. As a result of analysis of these norms written in the Article 40.1 of the Criminal and Procedue Code of the Russian Federation it is concluded that a motion of a pre-trial partnership agreement can be made by a suspected person not on a full stage of a preliminary invesigation, but only before a moment of a noticing of closing of an investigative process.
Ключевые слова / Keywords:
a motion of concluding a pre-trial partenership agreement, criminal prosecution, a special procedure of a trial.
СТРАНИЦЫ ИСТОРИИАннотация / Annotation:
Norms, regulating an order and terms limiting a person suspected in moving of concluding a pre-trial partnership agreement, are considered in the article. As a result of analysis of these norms written in the Article 40.1 of the Criminal and Procedue Code of the Russian Federation it is concluded that a motion of a pre-trial partnership agreement can be made by a suspected person not on a full stage of a preliminary invesigation, but only before a moment of a noticing of closing of an investigative process.
Ключевые слова / Keywords:
a motion of concluding a pre-trial partenership agreement, criminal prosecution, a special procedure of a trial.
AZAROVA A.V.
Azarova A.V. – Doctor’s Degree Student of the Military University, PhD in History
Problems of Historiography of Patriotic Education of Warriors in the Red Army during the Civil War in Russia (1918–1922)
Страницы / Pages: 146-150
Аннотация / Annotation:
This article covers conditions of development of historiography of a problem of patriotic education of warriors of the Red Army during the Civil war in Russia. An author shows and generalizes historiographic sources of knowledge concerning this period of time.
Ключевые слова / Keywords:
historiography, patriotic education, a civil war.
GAVRILOVA A.V. Аннотация / Annotation:
This article covers conditions of development of historiography of a problem of patriotic education of warriors of the Red Army during the Civil war in Russia. An author shows and generalizes historiographic sources of knowledge concerning this period of time.
Ключевые слова / Keywords:
historiography, patriotic education, a civil war.
Gavrilova A.V. – Associate Professor of the Department of Theory and History of State and Law of Kemerovo State University, PhD in Law
Sibirian Justice in 18th and first half of 19th centuries
Страницы / Pages: 151-156
Аннотация / Annotation:
Sibirian justice in 18th and first half of 19th centuries is considered in the article. A level of Sibirian justice and its disadvantages are analyzed on the basis of archived materials.
Ключевые слова / Keywords:
Sibirian justice, a judicial system, abuse, Irkutsk regional court, Tomsk regional court.
RYBIN I.V. Аннотация / Annotation:
Sibirian justice in 18th and first half of 19th centuries is considered in the article. A level of Sibirian justice and its disadvantages are analyzed on the basis of archived materials.
Ключевые слова / Keywords:
Sibirian justice, a judicial system, abuse, Irkutsk regional court, Tomsk regional court.
Rybin I.V. – Senior Teacher of the Department of Criminal Law of Ural State Juridical Academy
Activity of the Prison Care Society within Genesis of a System of Religious Aid for Prisoners in Russia
Страницы / Pages: 157-163
Аннотация / Annotation:
The article covers activity of the Prison Care Society, which was a basis for traditions and fundamentals of organized and targeted religious influence on prisoners and became an important stage in development of a system of education and correction of prisoners.
Ключевые слова / Keywords:
criminal and procedural system in Russia, the Prison Care Society; correction of prisoners, religious aid for prisoners, catechesis, missionary work in prisons, history of a correctional system, religious education, a religion and law.
НАУЧНЫЙ ДЕБЮТАннотация / Annotation:
The article covers activity of the Prison Care Society, which was a basis for traditions and fundamentals of organized and targeted religious influence on prisoners and became an important stage in development of a system of education and correction of prisoners.
Ключевые слова / Keywords:
criminal and procedural system in Russia, the Prison Care Society; correction of prisoners, religious aid for prisoners, catechesis, missionary work in prisons, history of a correctional system, religious education, a religion and law.
NOSKOV I.YU.
Noskov I.Yu. – Acting as An Assistant of the Judge of 54th Division of the Arbitration Court of Moscow
An Issue of Contents of a Concept ‘Function of Judicial Power’
Страницы / Pages: 164-170
Аннотация / Annotation:
Various understanding of a concept ‘a function of judicial power’ by jurists is shown in the article based on real cases, and it is follwed by serious problems in investigation of judicial power itself. An author represents his opinion of consideration of this concept, which will be used as a basis for funcional methods of investigation a judicial power.
Ключевые слова / Keywords:
a function, tasks of judicial power, a function of judicial power, a social role of judicial power.
LYAKHINA E.F. Аннотация / Annotation:
Various understanding of a concept ‘a function of judicial power’ by jurists is shown in the article based on real cases, and it is follwed by serious problems in investigation of judicial power itself. An author represents his opinion of consideration of this concept, which will be used as a basis for funcional methods of investigation a judicial power.
Ключевые слова / Keywords:
a function, tasks of judicial power, a function of judicial power, a social role of judicial power.
Lyakhina E.F. – Adjunct of the Department of Theory of State and Law of Moscow University of the Ministry of Internal Affairs of Russia
Ideal forms of implementation of rights
Страницы / Pages: 171-176
Аннотация / Annotation:
The article covers an issue of consideration of implementation of law as a phenomenon based and developed on a fundament of law-making and legal settings arising in the existing legislation. Showing of ideal forms of implementation of law is determined by a nature of law. Great attention is paid to a position of trinity of a nature of law.
Ключевые слова / Keywords:
implementation of a right, ideal forms, legal ideology, legal settings, law-making, representation of law.
РЕЦЕНЗИИАннотация / Annotation:
The article covers an issue of consideration of implementation of law as a phenomenon based and developed on a fundament of law-making and legal settings arising in the existing legislation. Showing of ideal forms of implementation of law is determined by a nature of law. Great attention is paid to a position of trinity of a nature of law.
Ключевые слова / Keywords:
implementation of a right, ideal forms, legal ideology, legal settings, law-making, representation of law.
PROKOSHIN V.A.
Prokoshin V.A. – Professor of the Department of State Administration, Legal Support of State and Municipal Service of the Russian Academy of State Service under the President of the Russian Federation, Doctor of Law, Honored Jurist of the Russian Federation
Systematization of Sport Law in the USA
Страницы / Pages: 177-179
Аннотация / Annotation:
The article covers issues of legal regulation of sport in Arizona (the USA), and it is a review of the book written by A.A. Soloviev ‘Systematization of Sport Legislation: US Experience (Arizona)’ edited in Moscow 2011, p.122.
Ключевые слова / Keywords:
sport, a sport law, a sport code, Arizona.
Аннотация / Annotation:
The article covers issues of legal regulation of sport in Arizona (the USA), and it is a review of the book written by A.A. Soloviev ‘Systematization of Sport Legislation: US Experience (Arizona)’ edited in Moscow 2011, p.122.
Ключевые слова / Keywords:
sport, a sport law, a sport code, Arizona.