Право и образование
№ 09 • 2013
MODERN EDUCATION
PASHENTSEV D.A. Pashentsev D.A. – Doctor of Law, Professor
Higher Education System Managament: Modern Challenges
Страницы / Pages: 4-9
Аннотация / Annotation:
Modern problems of higher education management are considered from the point of view of post-classic science. Conclusions of improvement of higher education in modern Russia are made.
Ключевые слова / Keywords:
higher education, management, bureaucracy, a law.
Аннотация / Annotation:
Modern problems of higher education management are considered from the point of view of post-classic science. Conclusions of improvement of higher education in modern Russia are made.
Ключевые слова / Keywords:
higher education, management, bureaucracy, a law.
NOVIKOVA E.YU. Novikova E.Yu. – Doctor of Philosophy, Professor
A University’s Code within the System of Education
Страницы / Pages: 10-17
Аннотация / Annotation:
Principles of combination of a university’s code, its role in increasing effectiveness of education are considered in the article. Functions of a code in internal and external environment of a university, influence of a code on corporate culture of a university, on students and personnel, on development of loyality to a university, and on socialization of its new members are investigated. Interaction between moral and legal components of a code is considered.
Ключевые слова / Keywords:
a university’s code, moral, law, education, a student, regulation, socialization.
Аннотация / Annotation:
Principles of combination of a university’s code, its role in increasing effectiveness of education are considered in the article. Functions of a code in internal and external environment of a university, influence of a code on corporate culture of a university, on students and personnel, on development of loyality to a university, and on socialization of its new members are investigated. Interaction between moral and legal components of a code is considered.
Ключевые слова / Keywords:
a university’s code, moral, law, education, a student, regulation, socialization.
ASTAFIEV N.V. Astafiev N.V. – Doctor of Pedagogy, Professor
LITOSH N.L. Litosh N.L. – PhD in Pedagogy, Associate Professor
Professional Training for Biathlon Coachers: Legal Fundamentals, Organizational Forms, Ratio between Various Types of Training
Страницы / Pages: 18-25
Аннотация / Annotation:
The article covers consideration of legal fundamentals of professional training for coachers by taking into account requirements of the Federal Law of the Russian Federation dated December 29, 2012 No. 273-FZ ‘Education in the Russian Federation’ and combination of organizational forms of education, setting optimal ratio of volumes of various types of educational activity and distance educational technologies.
Ключевые слова / Keywords:
biathlon coachers, professional training, organizational forms, types of training.
Аннотация / Annotation:
The article covers consideration of legal fundamentals of professional training for coachers by taking into account requirements of the Federal Law of the Russian Federation dated December 29, 2012 No. 273-FZ ‘Education in the Russian Federation’ and combination of organizational forms of education, setting optimal ratio of volumes of various types of educational activity and distance educational technologies.
Ключевые слова / Keywords:
biathlon coachers, professional training, organizational forms, types of training.
SAMSONOV I.I. Samsonov I.I. – Head of Management, Economics and Law department, k.p.n., docent
SAPUNKOV A.A. Sapunkov A.A. – Teacher of Management, Economics and Law department, SibGUFK, doctoral candidate of History and Theory of State and Law OmGU named after Dostoievski F.M.
LAZUTKIN V.V. Lazutkin V.V. – Docent of Management, Economics and Law department SibGUFK, k.f.n.
Legal regulation of sport schools coaching stuff review
Страницы / Pages: 26-33
Аннотация / Annotation:
The article deals with the question of contradictions in the ways of sport schools coaching stuff review. The difficulty of sports law regulation lays in the variety of its social display, multiplicity of functions executing by the sport simultaneously. At the present time collisions of education and sports law norms seem to be specially actual.
Ключевые слова / Keywords:
coaching stuff review, stages of sports training, Federal specifications of sports training, transferable standards, subject of business activity, sport schools, sports and physical-training organizations.
Аннотация / Annotation:
The article deals with the question of contradictions in the ways of sport schools coaching stuff review. The difficulty of sports law regulation lays in the variety of its social display, multiplicity of functions executing by the sport simultaneously. At the present time collisions of education and sports law norms seem to be specially actual.
Ключевые слова / Keywords:
coaching stuff review, stages of sports training, Federal specifications of sports training, transferable standards, subject of business activity, sport schools, sports and physical-training organizations.
KOMAROV V.V. Komarov V.V. – PhD in Economics, Associate Professor
Student Community Is Closed for Drugs
Страницы / Pages: 34-38
Аннотация / Annotation:
The article covers fighting againgst distribution of drugs in university’s environment. Methods of prevention in education are represented; an analysis of modern state of anti-drug propaganda is conducted. A system of measures in detection and support of figthing against drug abuse is proposed.
Ключевые слова / Keywords:
student environment, Russian universities, modern education and training, drugs, drug usage, the UNO.
Аннотация / Annotation:
The article covers fighting againgst distribution of drugs in university’s environment. Methods of prevention in education are represented; an analysis of modern state of anti-drug propaganda is conducted. A system of measures in detection and support of figthing against drug abuse is proposed.
Ключевые слова / Keywords:
student environment, Russian universities, modern education and training, drugs, drug usage, the UNO.
DOLGOVA E.A.
Dolgova E.A.
–
Principles of humanitarization of education, relation of legal education with training in a university for the humanities and development of legal consciousness of students
Страницы / Pages: 39-44
Аннотация / Annotation:
Abilities of principles of humanitarization of education and relation of legal education with training for developing legal consciousness of students are analyzed in the article. The author reasons necessity of increasing humane component of education and a role of legal education in an educational process of higher school. Also there are methods of maximal integration of some forms of non-educational training with legal education.
Ключевые слова / Keywords:
humanitarization of education, legal consciousness, legal education, self-education humane education.
Аннотация / Annotation:
Abilities of principles of humanitarization of education and relation of legal education with training for developing legal consciousness of students are analyzed in the article. The author reasons necessity of increasing humane component of education and a role of legal education in an educational process of higher school. Also there are methods of maximal integration of some forms of non-educational training with legal education.
Ключевые слова / Keywords:
humanitarization of education, legal consciousness, legal education, self-education humane education.
SHKUNOV V.N. Shkunov V.N. – Doctor of Pedagogy, Doctor of History
RADCHENKO L.R. Radchenko L.R. – candidate of Pedagogy, Associate Professor of Ulyanovsk State University
Legislative Initiatives in the Field of higher Education in Indian States
Страницы / Pages: 45-50
Аннотация / Annotation:
Article is devoted to the latest legislative initiatives in the field of higher vocational education at the State level in India. Special attention is given to the empowerment of State Governments in regulating labor relations, University teachers, as well as the establishment of regional non-State universities.
Ключевые слова / Keywords:
India, State, legislation, higher education, educational law.
Аннотация / Annotation:
Article is devoted to the latest legislative initiatives in the field of higher vocational education at the State level in India. Special attention is given to the empowerment of State Governments in regulating labor relations, University teachers, as well as the establishment of regional non-State universities.
Ключевые слова / Keywords:
India, State, legislation, higher education, educational law.
KANANYKINA E.S. Kananykina E.S. – PhD in Law
Reforming a System of Education in Spain and Portugal: Legislative Support
Страницы / Pages: 51-61
Аннотация / Annotation:
The article covers a problem of development of a system of education in the countries of South Europe such as Spain and Portugal in conditions of amended legislation in a sphere of secondary and higher education and creation of general European educational dimension.
Ключевые слова / Keywords:
educational doctrine, European law, the Bologna Process, a legislation of education.
A THEORY OF LAWАннотация / Annotation:
The article covers a problem of development of a system of education in the countries of South Europe such as Spain and Portugal in conditions of amended legislation in a sphere of secondary and higher education and creation of general European educational dimension.
Ключевые слова / Keywords:
educational doctrine, European law, the Bologna Process, a legislation of education.
RYZHENKOV A.YA. Ryzhenkov A.Ya. – Doctor of jurisprudence, professor
The Principle of Bona Fide in the Renewed Civil Legislation
Страницы / Pages: 62-69
Аннотация / Annotation:
The article is devoted to the concept of bona fide enshrined in the new version of the Civil code of the Russian Federation as one of the basic principles of the civil legislation. The basic problems of the application of the principle of bona fide in the practice of law are allocated, subjective and objective aspects of bona fide are revealed, as well as its criteria.
Ключевые слова / Keywords:
principle, bona fide, morality, interest, balance.
Аннотация / Annotation:
The article is devoted to the concept of bona fide enshrined in the new version of the Civil code of the Russian Federation as one of the basic principles of the civil legislation. The basic problems of the application of the principle of bona fide in the practice of law are allocated, subjective and objective aspects of bona fide are revealed, as well as its criteria.
Ключевые слова / Keywords:
principle, bona fide, morality, interest, balance.
BERLIZOV M.P. Berlizov M.P. – PhD in Law
Protection Duty for an Object of Cultural Heritage: Problems of aTheory
Страницы / Pages: 70-76
Аннотация / Annotation:
The scientific article is survey and concerns essence and the legal nature of such phenomenon, as the security obligation, its place and value in preservation, uses, promoting and the state protection of objects of a cultural heritage of the people of the Russian Federation. Questions of the theory and arising problems in law-enforcement practice are discussed. Following the results of the author the conclusion about need of detailed and complex research of this major question at other level and in other cut is drawn.
Ключевые слова / Keywords:
object of a cultural heritage; security document; security obligation; administrative contract; private and public interests.
Аннотация / Annotation:
The scientific article is survey and concerns essence and the legal nature of such phenomenon, as the security obligation, its place and value in preservation, uses, promoting and the state protection of objects of a cultural heritage of the people of the Russian Federation. Questions of the theory and arising problems in law-enforcement practice are discussed. Following the results of the author the conclusion about need of detailed and complex research of this major question at other level and in other cut is drawn.
Ключевые слова / Keywords:
object of a cultural heritage; security document; security obligation; administrative contract; private and public interests.
KHACHATUROV R.L. Khachaturov R.L. – doctor of law, Professor
The inconsistency of the Norman theory of origin old Russian law
Страницы / Pages: 77-82
Аннотация / Annotation:
The Article is devoted to criticism of the Norman theory of the origin of the old Russian law; shown the inadequacy of the Norman theory of the origin of the law.
Ключевые слова / Keywords:
the Norman theory, old Russian law, the origin of the right, room service law.
Аннотация / Annotation:
The Article is devoted to criticism of the Norman theory of the origin of the old Russian law; shown the inadequacy of the Norman theory of the origin of the law.
Ключевые слова / Keywords:
the Norman theory, old Russian law, the origin of the right, room service law.
TUMOV V.V. Tumov V.V. – PhD in Law, Associate Professor
Ancient Views of Cause Death within a Context of Actualistic Methodology
Страницы / Pages: 83-87
Аннотация / Annotation:
The article demonstrates scientific potential of an actualistic method. Possible word using in description of nature of legal orders is represented on the basis of contents of ancient legal documents. A subject of an analysis are the following terms: ‘murder’, ‘death penalty’, and ‘private defense’ in modern consideration of this words.
Ключевые слова / Keywords:
an actual method, Drakont’s laws, 12th tables’ laws, private defense, death penalty, murder.
DISCUSSING A PROBLEMАннотация / Annotation:
The article demonstrates scientific potential of an actualistic method. Possible word using in description of nature of legal orders is represented on the basis of contents of ancient legal documents. A subject of an analysis are the following terms: ‘murder’, ‘death penalty’, and ‘private defense’ in modern consideration of this words.
Ключевые слова / Keywords:
an actual method, Drakont’s laws, 12th tables’ laws, private defense, death penalty, murder.
EVDOKIMOV V.B. Evdokimov V.B. – Doctor of Laws, Professor
TUKHVATULLIN T.A. Tukhvatullin T.A. – Candidate of Laws
Constitutional-legal problems of realize of human rights on the refusing of transplantations organs and tissues
Страницы / Pages: 88-98
Аннотация / Annotation:
In this article it was considered the absence of constitutional and legal routes of realization of human rights on the refusing of transplantations organs and tissues. For the purpose of realization of this right the authors offer to assign the possibility of refusing of organs taking out by reflecting it on official web-site of federal executive authority in public health service. The authors considered a draft of federal law of Ministry of Health “About donorship of organs and tissues and its transplantations (graft)”.
Ключевые слова / Keywords:
human and civil rights, constitutional-legal status of human, inter vivos deeds, presumed consent of organs taking out, transplantations of organs and tissues.
Аннотация / Annotation:
In this article it was considered the absence of constitutional and legal routes of realization of human rights on the refusing of transplantations organs and tissues. For the purpose of realization of this right the authors offer to assign the possibility of refusing of organs taking out by reflecting it on official web-site of federal executive authority in public health service. The authors considered a draft of federal law of Ministry of Health “About donorship of organs and tissues and its transplantations (graft)”.
Ключевые слова / Keywords:
human and civil rights, constitutional-legal status of human, inter vivos deeds, presumed consent of organs taking out, transplantations of organs and tissues.
DYACHENKO A.P. Dyachenko A.P. – doctor of Laws, professor
TSYMBAL E.I. Tsymbal E.I. – PhD
Restricting the rights of sexual minorities
Страницы / Pages: 99-110
Аннотация / Annotation:
In this paper the authors propose a set of measures aimed at protecting the psychosexual development of children, traditional marriage and family values.
Ключевые слова / Keywords:
social control, deviant sexual behavior, prohibiting propaganda of homosexuality coercive measures exposure correction.
Аннотация / Annotation:
In this paper the authors propose a set of measures aimed at protecting the psychosexual development of children, traditional marriage and family values.
Ключевые слова / Keywords:
social control, deviant sexual behavior, prohibiting propaganda of homosexuality coercive measures exposure correction.
NURIEV G.KH. Nuriev G.Kh. – PhD in Law, Associate Professor
Specifics of a Research of Statements within Frameworks of Constitutional Judgement
Страницы / Pages: 111-115
Аннотация / Annotation:
There is a thesis, that investigation of evidences in constitutional court procedures (including European constitutional court procedures) differs from classical court procedures in its similarity, informality and imperfection.
Ключевые слова / Keywords:
constitutional court procedures, criminal court procedures, inquisitorial court power, facts, evidence, proceedings, expert opinion.
Аннотация / Annotation:
There is a thesis, that investigation of evidences in constitutional court procedures (including European constitutional court procedures) differs from classical court procedures in its similarity, informality and imperfection.
Ключевые слова / Keywords:
constitutional court procedures, criminal court procedures, inquisitorial court power, facts, evidence, proceedings, expert opinion.
SEMIVOLKOVA A.M. Semivolkova A.M. – PhD (Law)
The rights of authors of literary works by French law XVIII century
Страницы / Pages: 116-119
Аннотация / Annotation:
The article investigates the features of the legal provision of copyright law in France in the XVIII century, the general characteristic of the French law of the designated period.
Ключевые слова / Keywords:
copyright, intellectual property law, the law of France, XVIII century, retrospective analysis of the legal, civil law, comparative studies.
Аннотация / Annotation:
The article investigates the features of the legal provision of copyright law in France in the XVIII century, the general characteristic of the French law of the designated period.
Ключевые слова / Keywords:
copyright, intellectual property law, the law of France, XVIII century, retrospective analysis of the legal, civil law, comparative studies.
GLOTOV S.A. Glotov S.A. – Doctor of Jurisprudence, Professor
KUZNETSOV A.A. Kuznetsov A.A. – Candidate of Legal Sciences
Transfrontier cooperation of Russian regions and municipalities in context of council of Europe principles and standards
Страницы / Pages: 120-129
Аннотация / Annotation:
The article considers development of transfrontier cooperation of Russian territories, in the framework of the Eurasian Economic Union based on the experience of the Council of Europe.
Ключевые слова / Keywords:
European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities; Transfrontier cooperation of Russian territories; Eurasian Economic Union.
Аннотация / Annotation:
The article considers development of transfrontier cooperation of Russian territories, in the framework of the Eurasian Economic Union based on the experience of the Council of Europe.
Ключевые слова / Keywords:
European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities; Transfrontier cooperation of Russian territories; Eurasian Economic Union.
ZAKHAROVA L.N. Zakharova L.N. – PhD in History, Associate Professor
The problems of the fight against international crime in the context of globalization
Страницы / Pages: 130-134
Аннотация / Annotation:
The article is dedicated to consideration of some actual aspects of the fight against international crime in the context of globalization, analyses factors, and problems that influence at the development of international crime.
Ключевые слова / Keywords:
international crime, globalization, terrorism, extremism and criminal prosecution.
PAGES OF HISTORYАннотация / Annotation:
The article is dedicated to consideration of some actual aspects of the fight against international crime in the context of globalization, analyses factors, and problems that influence at the development of international crime.
Ключевые слова / Keywords:
international crime, globalization, terrorism, extremism and criminal prosecution.
ZHILTSOV S.V. Zhiltsov S.V. – Doctor of Law, Associate Professor
The death penalty in the feudal period in Russia
Страницы / Pages: 135-141
Аннотация / Annotation:
The article is devoted to topical issues of the death penalty in the periodfeudal in Russia. Are considered the most dangerouscrime during this period and the different ways the death penaltypenalty.
Ключевые слова / Keywords:
crime, death penalty, Pskov Judicial Charter; Dvinskaya statutory charter.
Аннотация / Annotation:
The article is devoted to topical issues of the death penalty in the periodfeudal in Russia. Are considered the most dangerouscrime during this period and the different ways the death penaltypenalty.
Ключевые слова / Keywords:
crime, death penalty, Pskov Judicial Charter; Dvinskaya statutory charter.
IVANOV V.P. Ivanov V.P. – Candidate of History, associate professor
The means of religious education of Russian military men in the range of activities of the Russian Army and Navy clergymen
Страницы / Pages: 142-149
Аннотация / Annotation:
The article deals with the means of religious education of Russian military men used by military clergymen in their practice.
Ключевые слова / Keywords:
religious education; system of education; means of religious education; God service; icons; military temples; religion attributes.
Аннотация / Annotation:
The article deals with the means of religious education of Russian military men used by military clergymen in their practice.
Ключевые слова / Keywords:
religious education; system of education; means of religious education; God service; icons; military temples; religion attributes.
ZAVRAZHIN A.V. Zavrazhin A.V. – Doctor of History, Professor
TYURIN V.I.
Tyurin V.I.
–
Activity of special departments in the army on the west road in a period of the battle of Moscow
Страницы / Pages: 150-155
Аннотация / Annotation:
Activity of special departments in the army on the west road during the battle of Moscow is shown on the basis of documents and archive materials. Main methods of work of military servicemen in the beginning of the Great Patriotic War are shown.
Ключевые слова / Keywords:
special departments, military intelligence, net of agents, espionage, raiders, deserters, military censorship, military servicemen.
Аннотация / Annotation:
Activity of special departments in the army on the west road during the battle of Moscow is shown on the basis of documents and archive materials. Main methods of work of military servicemen in the beginning of the Great Patriotic War are shown.
Ключевые слова / Keywords:
special departments, military intelligence, net of agents, espionage, raiders, deserters, military censorship, military servicemen.
OSPENNIKOV YU. VL. Ospennikov Yu. Vl. – doctor of jurisprudence Samara law institute of the Federal Penitentiary Service of Russian Federation
Evolution of institute of revenge in the law of the North Western Russia and the Scandinavian law (the X–XV centuries)
Страницы / Pages: 156-161
Аннотация / Annotation:
On the basis of a wide range of sources of the Old Russian law and the Scandinavian law the general tendencies in regulation of institute of revenge are revealed. It is shown how the comparative and legal analysis of the Swedish regional codes of laws allows to open more stoutly than feature of evolution of institute of revenge in the law of the North Western Russia during the XIII-XV centuries.
Ключевые слова / Keywords:
old Russian law, revenge institute, gibbet law, contractual diplomas with princes, Swedish regional codes of laws, common law.
A SCIENTIFIC DEBUTАннотация / Annotation:
On the basis of a wide range of sources of the Old Russian law and the Scandinavian law the general tendencies in regulation of institute of revenge are revealed. It is shown how the comparative and legal analysis of the Swedish regional codes of laws allows to open more stoutly than feature of evolution of institute of revenge in the law of the North Western Russia during the XIII-XV centuries.
Ключевые слова / Keywords:
old Russian law, revenge institute, gibbet law, contractual diplomas with princes, Swedish regional codes of laws, common law.
GUZAEVA G.A.
Guzaeva G.A.
–
A Contract as a Basis of Arising a Law of Usage
Страницы / Pages: 162-168
Аннотация / Annotation:
The article covers an analysis of contract fundamentals of arising a law of usage.
Ключевые слова / Keywords:
usage, an usufruct, a servitude.
Аннотация / Annotation:
The article covers an analysis of contract fundamentals of arising a law of usage.
Ключевые слова / Keywords:
usage, an usufruct, a servitude.
FRANTSKEVICH O.P.
Frantskevich O.P.
–
A Principle of Unified Economic Dimension: Nature, Contents, Properties, and Signs
Страницы / Pages: 169-173
Аннотация / Annotation:
Main conditions of implementation of a unified economic dimension are considered; main natural characteristics are set.
Ключевые слова / Keywords:
unified economic dimension, a federative structure.
Аннотация / Annotation:
Main conditions of implementation of a unified economic dimension are considered; main natural characteristics are set.
Ключевые слова / Keywords:
unified economic dimension, a federative structure.
VIKHLYAEVA A.A.
Vikhlyaeva A.A.
–
Political Character of Positive Constitutional Liability of State Authorities
Страницы / Pages: 174-177
Аннотация / Annotation:
Approaches to ratio between constitutional and political responsibility are analyzed; a concept of ‘constitutional inadequacy’ as a basis of constitutional responsibility is described.
Ключевые слова / Keywords:
a concept of constitutional and legal liability, measures of liability.
REVIEWSАннотация / Annotation:
Approaches to ratio between constitutional and political responsibility are analyzed; a concept of ‘constitutional inadequacy’ as a basis of constitutional responsibility is described.
Ключевые слова / Keywords:
a concept of constitutional and legal liability, measures of liability.
BELIKOVA K.M. Belikova K.M. – doctor of science (Law), Associate Professor
About current trends of public administration in the field of sport
Страницы / Pages: 178-180
Аннотация / Annotation:
The material is a review of the scientific monograph of A.I. Ponkina «Governance and autonomous institutionalization in sport» (М., 2013. 143 s.).
Ключевые слова / Keywords:
sports, sports law, autonomous institutionalization, self- administration, public administration, administrative law, public policy, self-contained extra-legal normative order in the field of sports.
Аннотация / Annotation:
The material is a review of the scientific monograph of A.I. Ponkina «Governance and autonomous institutionalization in sport» (М., 2013. 143 s.).
Ключевые слова / Keywords:
sports, sports law, autonomous institutionalization, self- administration, public administration, administrative law, public policy, self-contained extra-legal normative order in the field of sports.