Право и образование
№ 09 • 2012
EDUCATION AND LAW
KUROV S.V. Kurov S.V. – Associate Professor of the Russian Academy of Public Economy and State Service under the President of the Russian Federation, Honored Teacher of Higher Professional Education of the Russian Federation
Security and Protection of Rights in a Sphere of Education
Страницы / Pages: 4-13
Аннотация / Annotation:
A statement that legal protection of rights and legal interests of participants in this or that sphere of life is a mean of support of their security, and it is followed by national security protection as a whole is considered and reasoned in the article.
Ключевые слова / Keywords:
security, protection of rights, legal interests, threats, risks, a sphere of education, information security.
Аннотация / Annotation:
A statement that legal protection of rights and legal interests of participants in this or that sphere of life is a mean of support of their security, and it is followed by national security protection as a whole is considered and reasoned in the article.
Ключевые слова / Keywords:
security, protection of rights, legal interests, threats, risks, a sphere of education, information security.
IVANOVA A.V. Ivanova A.V. – Professor of the Department of Pedagogy of Initial Training of the Pedagogic Institute of Nothern-Eastern Federal University in the name of M.K. Amosov, Doctor of Pedagogy
PROKOPIEV A.A. Prokopiev A.A. – Senior Teacher of the Department of Cybernetics and Higher Mathematics of the Economic Faculty of FGBOU VPO ‘Yakutsk State Agricultural Academy’
A Theoretical Model of Development of Interdisciplinary Information and Mathematical Competence of Students of a Juridical University
Страницы / Pages: 14-21
Аннотация / Annotation:
The article covers a research of competences of interdisciplinary character based on interaction of mathematics and computer engineering with disciplines of special juridical training. Authors implement a term ‘interdisciplinary information and mathematical competence’, and it enables effectively integrate mathematics and computer engineering with other special disciplines. A model of development of interdisciplinary information and mathematical competence implemented in appropriate pedagogic conditions is proposed.
Ключевые слова / Keywords:
a competence approach, optimization of educational process, interdisciplinary information and mathematical competence, information technologies, informatization.
Аннотация / Annotation:
The article covers a research of competences of interdisciplinary character based on interaction of mathematics and computer engineering with disciplines of special juridical training. Authors implement a term ‘interdisciplinary information and mathematical competence’, and it enables effectively integrate mathematics and computer engineering with other special disciplines. A model of development of interdisciplinary information and mathematical competence implemented in appropriate pedagogic conditions is proposed.
Ключевые слова / Keywords:
a competence approach, optimization of educational process, interdisciplinary information and mathematical competence, information technologies, informatization.
SHUBINA I.V. Shubina I.V. – Associate Professor of the Department for Pedagogy of Moscow State University for Economics, Statistics and Computer Engineering, PhD in Pedagogy, Associate Professor
Mechanisms of Management of a Scientific and Research Activity of University Students
Страницы / Pages: 22-27
Аннотация / Annotation:
The article covers description of mechanisms of management of scientific and research activity of university students; principles of state scientific policy are shown; legal regulations for conducting and organizing scientific and research activity in higher school are set.
Ключевые слова / Keywords:
activity, a subject, an activity approach, scientific and research activity of students.
Аннотация / Annotation:
The article covers description of mechanisms of management of scientific and research activity of university students; principles of state scientific policy are shown; legal regulations for conducting and organizing scientific and research activity in higher school are set.
Ключевые слова / Keywords:
activity, a subject, an activity approach, scientific and research activity of students.
OSIPOV M.YU. Osipov M.Yu. – Senior Scientist of Non-State Educational Institution for Higher Professional Education ‘The Institute of Law-Enforcement and Management of All-Russian Police Association’, PhD in Law
Federal State Educational Standard and State Educational Standard in Jurisprudence: Problems of Interaction
Страницы / Pages: 28-36
Аннотация / Annotation:
A problem of interaction between the federal state educational standard in jurisprudence and the state educational standard is one of actual problems of modern education. Problems of interaction between the federal state educational standard and state educational standard are described in the article.
Ключевые слова / Keywords:
educational standards, interaction, influence, higher education.
Аннотация / Annotation:
A problem of interaction between the federal state educational standard in jurisprudence and the state educational standard is one of actual problems of modern education. Problems of interaction between the federal state educational standard and state educational standard are described in the article.
Ключевые слова / Keywords:
educational standards, interaction, influence, higher education.
SOKOLSKAYA L.V. Sokolskaya L.V. – Head of the Department for Civil and Legal Disciplines of Moscow State Regional Humane Institute, PhD in Law, Associate Professor
A Grade-Rating System of Students’ Knowledge in Higher Educational Institutions of Russia
Страницы / Pages: 37-43
Аннотация / Annotation:
Problems of internalization of higher legal education not only in contents but also in methods of teaching and organizational forms are investigated in the article; a grade-rating system of students’ knowledge evaluation is shown in details.
Ключевые слова / Keywords:
a credit system of education, a grade-rating system, an educational and methodical union, baccalaureate.
Аннотация / Annotation:
Problems of internalization of higher legal education not only in contents but also in methods of teaching and organizational forms are investigated in the article; a grade-rating system of students’ knowledge evaluation is shown in details.
Ключевые слова / Keywords:
a credit system of education, a grade-rating system, an educational and methodical union, baccalaureate.
VORONINA N.K. Voronina N.K. – Postgraduate Student of the Department of Pedagogy of Vyatka State Humane University
Training Leadership of Teenagers in Conditions of Educational and Training of Dimension in a Leadership Camp
Страницы / Pages: 44-51
Аннотация / Annotation:
The article covers an actual problem of modern pedagogy such as training a teenager as a leader in conditions of educational and training dimension of a leadership camp in order to train a person to further successful life self-actualization.
Ключевые слова / Keywords:
a phenomenon of leadership, a teenage leader, leadership characteristics, education, designing of a life style, educational and training dimension of a leadership camp.
ISSUES OF A THEORYАннотация / Annotation:
The article covers an actual problem of modern pedagogy such as training a teenager as a leader in conditions of educational and training dimension of a leadership camp in order to train a person to further successful life self-actualization.
Ключевые слова / Keywords:
a phenomenon of leadership, a teenage leader, leadership characteristics, education, designing of a life style, educational and training dimension of a leadership camp.
DAMASKIN O.V. Damaskin O.V. – Professor of Moscow Border Institute of the Federal Security Service, Doctor of Law, Professor, Honored Lawyer of the Russian Federation
Conceptual Aspects of a Theory and History of State and Law in Works of Young Scientists
Страницы / Pages: 52-58
Аннотация / Annotation:
Actual issues of dissertation researches of young scientists in a field of theory and history of state and law are considered in the article.
Ключевые слова / Keywords:
theory and history of state and law, history of doctrines of state and law.
Аннотация / Annotation:
Actual issues of dissertation researches of young scientists in a field of theory and history of state and law are considered in the article.
Ключевые слова / Keywords:
theory and history of state and law, history of doctrines of state and law.
VASILIEV A.M. Vasiliev A.M. – Head of the Department for Legal Disciplines of Armavir State Pedagogic Academy, PhD in Law, Doctor of History, Associate Professor
Amnesty and Its Juridical Value
Страницы / Pages: 59-63
Аннотация / Annotation:
Issues of social and political characteristics of amnesty, where amnesty is a state and legal act terminating criminal and legal consequences of a crime and punishment in relation of individually not determined people by means of an order not related to justice.
Ключевые слова / Keywords:
a law, amnesty, a crime, justice, punishment.
Аннотация / Annotation:
Issues of social and political characteristics of amnesty, where amnesty is a state and legal act terminating criminal and legal consequences of a crime and punishment in relation of individually not determined people by means of an order not related to justice.
Ключевые слова / Keywords:
a law, amnesty, a crime, justice, punishment.
OSMOLOVSKAYA YA.A. Osmolovskaya Ya.A. – Senior Teacher of Smolensk State University
Special Features of Influence of Evaluative Concepts of Civil Law on Implementation of a Principle of Freedom of a Contract
Страницы / Pages: 64-72
Аннотация / Annotation:
A legal nature of evaluative concepts of civil law is investigated in the article. Problems of value of evaluative concepts on action of a principle of a freedom of a contract are considered. It is concluded that freedom of ‘self-regulation’ of behavior is a basis of a principle of freedom of a contract, when a subject with his/her interest and will can act as a party of a contract voluntary.
Ключевые слова / Keywords:
an evaluative concept, a freedom of a contract, freedom, discretion, fairness, justice, rationality, principles.
Аннотация / Annotation:
A legal nature of evaluative concepts of civil law is investigated in the article. Problems of value of evaluative concepts on action of a principle of a freedom of a contract are considered. It is concluded that freedom of ‘self-regulation’ of behavior is a basis of a principle of freedom of a contract, when a subject with his/her interest and will can act as a party of a contract voluntary.
Ключевые слова / Keywords:
an evaluative concept, a freedom of a contract, freedom, discretion, fairness, justice, rationality, principles.
BERESTOVOY A.N. Berestovoy 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, Associate Professor
Characteristics of a Legal Basis of Conditions Excluding a Criminal Action
Страницы / Pages: 73-81
Аннотация / Annotation:
Separation of a criminal behavior from a non-criminal action is a fundamental problem of criminal and legal regulation, solving of which is in developing contents of legal materials of a criminal legislation. Traditionally the main method of its solving is in setting criminal and legal prohibitions for these or those criminal actions.
Ключевые слова / Keywords:
conditions, excluding a criminal action, a crime, conditions of legality, a rightful act, criminal and legal qualification.
DISCUSSING A PROBLEMАннотация / Annotation:
Separation of a criminal behavior from a non-criminal action is a fundamental problem of criminal and legal regulation, solving of which is in developing contents of legal materials of a criminal legislation. Traditionally the main method of its solving is in setting criminal and legal prohibitions for these or those criminal actions.
Ключевые слова / Keywords:
conditions, excluding a criminal action, a crime, conditions of legality, a rightful act, criminal and legal qualification.
EFREMOV V.A. Efremov V.A. – A Member of the Chamber of Lawyers of Moscow, PhD in Law, Associate Professor
Procurator’s Office Needs a Reform
Страницы / Pages: 82-91
Аннотация / Annotation:
The author considers organizational and functional issues of activity of procurator’s office. Analyzing the legislation regulating activity of procurator’s office and practice of procurator’s office activity the author concludes about necessity to make reforms in procurator’s office.
Ключевые слова / Keywords:
procurator’s office, a constituent organ, functions of a procurator’s office, supervision, protection, inactivity, responsibility, a reform.
Аннотация / Annotation:
The author considers organizational and functional issues of activity of procurator’s office. Analyzing the legislation regulating activity of procurator’s office and practice of procurator’s office activity the author concludes about necessity to make reforms in procurator’s office.
Ключевые слова / Keywords:
procurator’s office, a constituent organ, functions of a procurator’s office, supervision, protection, inactivity, responsibility, a reform.
SAZONOV V.E. Sazonov V.E. – Head of the Chamber of Lawyers ‘Sazonov. Markin and Co’, Member of the Expert Council of the Committee of the State Duma on Issues of Private Property, PhD in Law
Advantaches of State and Private Partnership: A Legal Analysis
Страницы / Pages: 92-103
Аннотация / Annotation:
The article covers detection and analysis of a complex of advantages giving by state and private partnership. Authors’ review of a definition of a concept ‘state and private partnership’ is represented.
Ключевые слова / Keywords:
state and private partnership, state government, public interests, advantages, a financial law, a civil law, an administrative law, state policy.
Аннотация / Annotation:
The article covers detection and analysis of a complex of advantages giving by state and private partnership. Authors’ review of a definition of a concept ‘state and private partnership’ is represented.
Ключевые слова / Keywords:
state and private partnership, state government, public interests, advantages, a financial law, a civil law, an administrative law, state policy.
GLUSHKO A.N. Glushko A.N. – Deputy Director of FGUP ‘IREA’ (the Ministry of Education and Science of Russia)
Implementations of regulations and principles of international law into the legislation of the Russian Federation
Страницы / Pages: 104-111
Аннотация / Annotation:
The article covers a problem of ratio between regulations of international law and the legislation of the Russian Federation in case of implementation of main prinicples of international law and a problem of utilization of regulations and principles of international law in law-enforcement policy of Russia.
Ключевые слова / Keywords:
international law, principles of international law, forms of implementation, legal regulations, a subject of law.
Аннотация / Annotation:
The article covers a problem of ratio between regulations of international law and the legislation of the Russian Federation in case of implementation of main prinicples of international law and a problem of utilization of regulations and principles of international law in law-enforcement policy of Russia.
Ключевые слова / Keywords:
international law, principles of international law, forms of implementation, legal regulations, a subject of law.
GUMASHVILI L.G. Gumashvili L.G. – Head of the Department of Legal Disciplines of Chechen State Pedagogic Institute, PhD in Law, Associate Professor
Analyzing Legal Fundamentals of Economy in The Chechen Republic
Страницы / Pages: 112-121
Аннотация / Annotation:
An analysis of legal fundamentals of functioning of economy in the Chechen Republic is given in the aricle. The author concludes that contradictionary character and dependence of economy on political tendencies of development of a society is negatively effect on long-term interests of social and economic development of a country.
Ключевые слова / Keywords:
economy, a law, feudalism, an analysis, developed socializm, reconstruction, a market.
Аннотация / Annotation:
An analysis of legal fundamentals of functioning of economy in the Chechen Republic is given in the aricle. The author concludes that contradictionary character and dependence of economy on political tendencies of development of a society is negatively effect on long-term interests of social and economic development of a country.
Ключевые слова / Keywords:
economy, a law, feudalism, an analysis, developed socializm, reconstruction, a market.
KULESHOV R.V. Kuleshov R.V. – Leading Scientist of FGKU ‘VNII MVD of Russia’, PhD in Law
Russian Experience of Fighting against Terrorist Activity
Страницы / Pages: 122-133
Аннотация / Annotation:
The article covers studying of Russian experience of organization of fighting against terrorist activity including termination of groups of terrorists in the European territory of the USSR, on Far East and in Asia, and organization of fighting against internal political banditism in the USSR and contra-revolutionary battle operations in the territory of the USSR.
Ключевые слова / Keywords:
battle actions, terrorism, banditism, political banditism, fighting agaist, a contra-revolutionary military operation.
PAGES OF HISTORYАннотация / Annotation:
The article covers studying of Russian experience of organization of fighting against terrorist activity including termination of groups of terrorists in the European territory of the USSR, on Far East and in Asia, and organization of fighting against internal political banditism in the USSR and contra-revolutionary battle operations in the territory of the USSR.
Ключевые слова / Keywords:
battle actions, terrorism, banditism, political banditism, fighting agaist, a contra-revolutionary military operation.
MEDVEDEV V.G. Medvedev V.G. – Professor of the Department of History of State and Law of Tolyatti State University, Doctor of Law, PhD in History, Associate Professor
Formation and Development of a Custom of Blood Revenge as Law-Enforcement Factor in a Life of Primitive Society and Fundamentals of Criminal Law
Страницы / Pages: 134-144
Аннотация / Annotation:
The article covers an analysis of formation and development of blood revenge. The author tries to investigate law-enforcement nature of this ancient custom on the stage of pre-state development of a society and permanently determines its social danger and influence on development of a criminal law.
Ключевые слова / Keywords:
blood revenge, a legal custom, primitive community, a crime, a criminal law.
Аннотация / Annotation:
The article covers an analysis of formation and development of blood revenge. The author tries to investigate law-enforcement nature of this ancient custom on the stage of pre-state development of a society and permanently determines its social danger and influence on development of a criminal law.
Ключевые слова / Keywords:
blood revenge, a legal custom, primitive community, a crime, a criminal law.
KOLEMASOV V.N. Kolemasov V.N. – Teacher of Penza Branch of the Modern University for the Humanities, PhD in History, Associate Professor
Conceptual Fundamentals of Development of Soviet Judicial System
Страницы / Pages: 145-152
Аннотация / Annotation:
Soviet judicial system is based on a class approach. Development of a new Soviet court system on the first stage was based on legal regulations of revolutionary masses. In one year new government adopted three edicts for courts, that enabled to develop a network of unified judicial authorities in the whole territory of a country.
Ключевые слова / Keywords:
revolution, bolsheviks’ views on a state, revolutionary courts, the Edict of Court, judicial policy, a system of judicial authorities, justice.
Аннотация / Annotation:
Soviet judicial system is based on a class approach. Development of a new Soviet court system on the first stage was based on legal regulations of revolutionary masses. In one year new government adopted three edicts for courts, that enabled to develop a network of unified judicial authorities in the whole territory of a country.
Ключевые слова / Keywords:
revolution, bolsheviks’ views on a state, revolutionary courts, the Edict of Court, judicial policy, a system of judicial authorities, justice.
SARDARYAN K.G. Sardaryan K.G. – Dean of the Juridical Faculty of Russian-Armenian (Slavic) University, Yerevan-city, PhD in Law, Associate Professor
Problems of state power and law in judicial book of Smbat Sparapet
Страницы / Pages: 153-161
Аннотация / Annotation:
State and legal views of the well-known state actor, Smbat Sparapet, from Kylikian Armenian State, are considered.
Ключевые слова / Keywords:
the judicial book, privileges of a tsar, a regime, state and church, justice and legality, war and peace.
Аннотация / Annotation:
State and legal views of the well-known state actor, Smbat Sparapet, from Kylikian Armenian State, are considered.
Ключевые слова / Keywords:
the judicial book, privileges of a tsar, a regime, state and church, justice and legality, war and peace.
ALEKSEEV V.I. Alekseev V.I. – Associate Professor of the Department for Theory and History of State and International Law of the Institute for Law, Economics, and Management of Tyumen State University, PhD in History
development of law in a field of spiritual and moral effect on prisoners within the context of a discussion on modernization of a prison system in 1879–1917
Страницы / Pages: 162-168
Аннотация / Annotation:
Execution of sentences and a purpose of criminal punishment with measures of penal effect on prisoners are analyzed in the article. Resocialization of prisoners is based on a system character, being a fundament of rehabilitation of their moral harmony.
Ключевые слова / Keywords:
juridical and moral execution, humanization of punishments, school education, moral effect on prisoners, penal policy, the by-law for prisoners.
Аннотация / Annotation:
Execution of sentences and a purpose of criminal punishment with measures of penal effect on prisoners are analyzed in the article. Resocialization of prisoners is based on a system character, being a fundament of rehabilitation of their moral harmony.
Ключевые слова / Keywords:
juridical and moral execution, humanization of punishments, school education, moral effect on prisoners, penal policy, the by-law for prisoners.
SKRIPCHENKO N.YU. Skripchenko N.Yu. – Associate Professor of the Department for Criminal Procedure and Law of GOU VPO ‘The Northern (Arctic) Federal University in the name of M.V. Lomonosov, PhD in Law, Associate Professor
History of Formation and Development Regulating Release on Parole for Minor Prisoners
Страницы / Pages: 169-176
Аннотация / Annotation:
Proposals on amendments in the existing legislation in a section of fixing the Criminal Code of the Russian Federation regulations for special cases and conditions of exchange of punishment for lenient sentence for minors are represented in the article.
Ключевые слова / Keywords:
minors, a crime, release on parole, punishment.
SCIENTIFIC DEBUTАннотация / Annotation:
Proposals on amendments in the existing legislation in a section of fixing the Criminal Code of the Russian Federation regulations for special cases and conditions of exchange of punishment for lenient sentence for minors are represented in the article.
Ключевые слова / Keywords:
minors, a crime, release on parole, punishment.
PROKOFIEVA N.P. Prokofieva N.P. – Applicant of Ulyanovsk State Pedagogic University in the name of I.N. Ulyanov
Field Economy of Farmers in the Beginning of 20th Century (Simberian Region)
Страницы / Pages: 177-181
Аннотация / Annotation:
Status of field economy in the Russian Empire in the beginning of 20th century is shown in the article on the materials on Simberian region. Great attention is paid to a structure of field economy, distribution of agricultural plants in Simberian districts, their whole yield, and profit from farm field economy.
Ключевые слова / Keywords:
field economy of farmers, Simberian region, agriculture, seeds, farming.
Аннотация / Annotation:
Status of field economy in the Russian Empire in the beginning of 20th century is shown in the article on the materials on Simberian region. Great attention is paid to a structure of field economy, distribution of agricultural plants in Simberian districts, their whole yield, and profit from farm field economy.
Ключевые слова / Keywords:
field economy of farmers, Simberian region, agriculture, seeds, farming.
BARTSITS I.N. Bartsits I.N. – Dean of the International Institute for State Service and Administration of the Russian Academy of Public Economy and State Service under the President of the Russian Federation, Doctor of Law, Professor, Honored Lawyer of the Russian Federation
A Medical Error in a Field of Protection fo Patients’ Rights
Страницы / Pages: 182-185
Аннотация / Annotation:
The article is a review of a scientific monograph by A.A. Ponkina ‘Patients’ Rights: A Constitutional and Legal Investigation’.
Ключевые слова / Keywords:
patients’ rights, care of citizens’ health, a medical law, health care, a defect of medical assistance, a medical error.
Аннотация / Annotation:
The article is a review of a scientific monograph by A.A. Ponkina ‘Patients’ Rights: A Constitutional and Legal Investigation’.
Ключевые слова / Keywords:
patients’ rights, care of citizens’ health, a medical law, health care, a defect of medical assistance, a medical error.