Право и образование
№ 09 • 2014
MODERN EDUCATION
ANISIMOV A.P. Anisimov A.P. – Doctor of Law, Professor
Reform of higher legal education in Russia in the context of the provisions of the Bologna Declaration Bo: Problems and Prospects
Страницы / Pages: 4-19
Аннотация / Annotation:
Article is devoted to the complex analysis of problems of implementation of the Bologna declaration in the territory of Russia. The author analyzes the legal, organizational, political, philosophical and other aspects interfering full transition of Russia on the European educational standards, states constructive proposals on overcoming of these obstacles. The special attention is paid to an ignoring problem in Russia the European educational values without which acceptance introduction of a bachelor degree and a magistracy are no more, than the technical and organizational solution. Implementation of the made offers will allow to improve quality of teaching in magistracies of legal higher education institutions of Russia, to increase the academic mobility of students, and also a technique of the organization of work of legal clinics at higher education institutions.
Ключевые слова / Keywords:
Bologna Process; legal clinic; the higher education; bachelor degree; magistracy; academic mobility.
Аннотация / Annotation:
Article is devoted to the complex analysis of problems of implementation of the Bologna declaration in the territory of Russia. The author analyzes the legal, organizational, political, philosophical and other aspects interfering full transition of Russia on the European educational standards, states constructive proposals on overcoming of these obstacles. The special attention is paid to an ignoring problem in Russia the European educational values without which acceptance introduction of a bachelor degree and a magistracy are no more, than the technical and organizational solution. Implementation of the made offers will allow to improve quality of teaching in magistracies of legal higher education institutions of Russia, to increase the academic mobility of students, and also a technique of the organization of work of legal clinics at higher education institutions.
Ключевые слова / Keywords:
Bologna Process; legal clinic; the higher education; bachelor degree; magistracy; academic mobility.
KHATSRINOVA O.Y. Khatsrinova O.Y. – Ph.d., assistant professor
Development of instructional competence as priority for training teachers college
Страницы / Pages: 20-28
Аннотация / Annotation:
Further training of university teachers in the transition to a two-tier system of training is one of the most important priorities of the state policy in the field of education. Competence-based approach determines the gain of innovative processes in education. Defined development trends of advanced training and justify priorities preparation of high school teachers. The emphasis is on the development of methodical competence.
Ключевые слова / Keywords:
public policy in education, training, university lecturer, methodical activity, professional competence.
Аннотация / Annotation:
Further training of university teachers in the transition to a two-tier system of training is one of the most important priorities of the state policy in the field of education. Competence-based approach determines the gain of innovative processes in education. Defined development trends of advanced training and justify priorities preparation of high school teachers. The emphasis is on the development of methodical competence.
Ключевые слова / Keywords:
public policy in education, training, university lecturer, methodical activity, professional competence.
SAPOGOV V.M. Sapogov V.M. – candidate of legal Sciences, associate professor
ALEKSEEV D.E.
Alekseev D.E.
–
Страницы / Pages: 29-34
Аннотация / Annotation:
In this article are solved the problems on formation of theoretical legal concepts in students from law faculties and colleges during the course “Theory of state and law” and in students studying in other colleges during the course “Science of law”. There are observed methodological ways of giving group lessons on the mentioned courses and also psychological pedagogical factors for positive changes achievement.
Ключевые слова / Keywords:
law prepare of student; formation of theoretical legal concepts in college students; organization of self-creative students’ activity; module-rating system of educational assessment; legal culture of college students; formation students’ sense of justice; human rights.
Аннотация / Annotation:
In this article are solved the problems on formation of theoretical legal concepts in students from law faculties and colleges during the course “Theory of state and law” and in students studying in other colleges during the course “Science of law”. There are observed methodological ways of giving group lessons on the mentioned courses and also psychological pedagogical factors for positive changes achievement.
Ключевые слова / Keywords:
law prepare of student; formation of theoretical legal concepts in college students; organization of self-creative students’ activity; module-rating system of educational assessment; legal culture of college students; formation students’ sense of justice; human rights.
PLETNIKOV V.S. Pletnikov V.S. – candidate of law, associate professor
Some problems of system of departmental legal education of the Ministry of Internal Affairs of Russia
Страницы / Pages: 35-43
Аннотация / Annotation:
The present article is devoted to research of system of departmental legal education of the Ministry of Internal Affairs of Russia, the main tendencies of its development, and also developed in the XXI century, during reforming of the law-enforcement sphere, a problem of training of specialists for performance of the main functions of police are shined.
Ключевые слова / Keywords:
departmental legal education, system of higher education institutions of the Ministry of Internal Affairs of Russia, training of employees for Department of Internal Affairs.
EDUCATIONAL LAWАннотация / Annotation:
The present article is devoted to research of system of departmental legal education of the Ministry of Internal Affairs of Russia, the main tendencies of its development, and also developed in the XXI century, during reforming of the law-enforcement sphere, a problem of training of specialists for performance of the main functions of police are shined.
Ключевые слова / Keywords:
departmental legal education, system of higher education institutions of the Ministry of Internal Affairs of Russia, training of employees for Department of Internal Affairs.
YAKUSHEV А. Yakushev А. – doctor of historical Sciences, PhD in law and pedagogy, professor
The conclusion of the expert Council of VAK on the conformity of the thesis established criteria: a normative framework flawed modernization
Страницы / Pages: 44-61
Аннотация / Annotation:
The article gives a scientific commentary to points 1, 5, 9-14, 40-45, 47 of the Regulations on awarding scientific degrees (2013) and paragraphs 3, 5, 11, 15 Provisions on expert Council of VAK (2013), which set out the requirements to the structure and content of the conclusion of the expert Council of VAK on the conformity of the thesis established criteria.
Ключевые слова / Keywords:
conclusion, the expert Council, dissertation, position, awarding academic degrees, compliance criteria, damage, modernization, Ministry of education and science.
Аннотация / Annotation:
The article gives a scientific commentary to points 1, 5, 9-14, 40-45, 47 of the Regulations on awarding scientific degrees (2013) and paragraphs 3, 5, 11, 15 Provisions on expert Council of VAK (2013), which set out the requirements to the structure and content of the conclusion of the expert Council of VAK on the conformity of the thesis established criteria.
Ключевые слова / Keywords:
conclusion, the expert Council, dissertation, position, awarding academic degrees, compliance criteria, damage, modernization, Ministry of education and science.
PARYAGINA O.A. Paryagina O.A. – candidate of Law, Associate Professor
About the legislative basis of the professional training in Russia
Страницы / Pages: 62-72
Аннотация / Annotation:
The article contains the analysis and appreciation of basic norms about the professional training of Federal Law «About the education in Russian Federation». The attention is devoted to the legislative concept of the professional training. The author proves the necessity to develop the normative-contractual regulation of the relations in the sphere of professional training, further training and improvement qualifications of workers.
Ключевые слова / Keywords:
professional training, further training and improvement qualifications of workers. contract of professional training, social partnership.
Аннотация / Annotation:
The article contains the analysis and appreciation of basic norms about the professional training of Federal Law «About the education in Russian Federation». The attention is devoted to the legislative concept of the professional training. The author proves the necessity to develop the normative-contractual regulation of the relations in the sphere of professional training, further training and improvement qualifications of workers.
Ключевые слова / Keywords:
professional training, further training and improvement qualifications of workers. contract of professional training, social partnership.
GAMARSKAYA E.S. Gamarskaya E.S. – post-graduate
The legal issues of development of the system of the higher legal education in Russia in course of the Bologna process
Страницы / Pages: 73-86
Аннотация / Annotation:
In course of the current reform of the higher education in the Russian Federation the analysis of the problems and perspectives of the higher education within the Bologna process is the top priority issue. The current article is devoted to analysis of the problems of one of the higher education types: the higher legal education, which more than any other education system reflects the state national identity. The article is also describes the general legal and sectorial aspects of the higher education in Russia and within the European international units in terms of the European Union. The author also explains the necessity of improvement of the mechanism of integration of the higher education on the general European level together with keeping the national identity of the modern Russia.
Ключевые слова / Keywords:
Bologna process, education, higher legal education, legal regulation, right to education, European Union, the EU, national identity.
SCIENTIFIC MESSAGESАннотация / Annotation:
In course of the current reform of the higher education in the Russian Federation the analysis of the problems and perspectives of the higher education within the Bologna process is the top priority issue. The current article is devoted to analysis of the problems of one of the higher education types: the higher legal education, which more than any other education system reflects the state national identity. The article is also describes the general legal and sectorial aspects of the higher education in Russia and within the European international units in terms of the European Union. The author also explains the necessity of improvement of the mechanism of integration of the higher education on the general European level together with keeping the national identity of the modern Russia.
Ключевые слова / Keywords:
Bologna process, education, higher legal education, legal regulation, right to education, European Union, the EU, national identity.
ZAVRAZHIN A.V. Zavrazhin A.V. – doctor of historical sciences, professor
KARMANOV M.V. Karmanov M.V. – doctor of economics, professor
HUMAN TRAFFICKING: FEATURES AND RESEARCH PROBLEMS
Страницы / Pages: 78-86
Аннотация / Annotation:
In article author’s approach to disclosure of understanding of human trafficking as negative social and economic phenomenon existing and in the XXI century reveals. Unfortunately, it is necessary to recognize that society isn’t capable to get rid of such shameful problem what human trafficking is yet. The adequate characteristic of scales of human trafficking which is impossible without reliable statistical information, first of all, is necessary for its decision. In this regard great scientific and practical interest represents improvement of methodology of applied research of human trafficking, as negative social and economic phenomenon.
Ключевые слова / Keywords:
Human trafficking, types of human trafficking, human trafficking as object of research, assessment of scales of human trafficking, system of indicators of human trafficking.
Аннотация / Annotation:
In article author’s approach to disclosure of understanding of human trafficking as negative social and economic phenomenon existing and in the XXI century reveals. Unfortunately, it is necessary to recognize that society isn’t capable to get rid of such shameful problem what human trafficking is yet. The adequate characteristic of scales of human trafficking which is impossible without reliable statistical information, first of all, is necessary for its decision. In this regard great scientific and practical interest represents improvement of methodology of applied research of human trafficking, as negative social and economic phenomenon.
Ключевые слова / Keywords:
Human trafficking, types of human trafficking, human trafficking as object of research, assessment of scales of human trafficking, system of indicators of human trafficking.
REPRINTSEV D.D. Reprintsev D.D. – PhD in Technical Sciences, Associate Professor
THE LABOUR OF THE ELDER PEOPLE
Страницы / Pages: 87-94
Аннотация / Annotation:
The special features of labour legal regulation with the elder people are analyzed in the article. The elder people are described as unprotected and uncompetitive workers in the labair market. The elder people are necessary and important in the problem of labair resources rational using as well as for the self-esteem of these workers; this fact is proved in the article.
Ключевые слова / Keywords:
(an) elder person, pensioner according to the age, the age limit to be a worker, ability to work, employment, home working.
Аннотация / Annotation:
The special features of labour legal regulation with the elder people are analyzed in the article. The elder people are described as unprotected and uncompetitive workers in the labair market. The elder people are necessary and important in the problem of labair resources rational using as well as for the self-esteem of these workers; this fact is proved in the article.
Ключевые слова / Keywords:
(an) elder person, pensioner according to the age, the age limit to be a worker, ability to work, employment, home working.
MAKAROV D. Makarov D. – PhD
Criminal liability for murder. The problems of qualification and values of punishments
Страницы / Pages: 95-103
Аннотация / Annotation:
In the article the basic problems of criminal responsibility for murder of modern Russia. We study the specifics of the qualification of an act as murder and sentencing. Addresses issues of proportionality of the offence assigned to criminal punishment. Studied the problems of criminal liability for certain types of preferred murders.
Ключевые слова / Keywords:
the law, punishment, aggravating circumstances, mitigating circumstances, the death penalty, murder, criminal codex.
Аннотация / Annotation:
In the article the basic problems of criminal responsibility for murder of modern Russia. We study the specifics of the qualification of an act as murder and sentencing. Addresses issues of proportionality of the offence assigned to criminal punishment. Studied the problems of criminal liability for certain types of preferred murders.
Ключевые слова / Keywords:
the law, punishment, aggravating circumstances, mitigating circumstances, the death penalty, murder, criminal codex.
BARINOVA G.V. Barinova G.V. – candidate of pedagogical sciences, associated professor
Contradictions of disability: philosophical-legal aspect
Страницы / Pages: 104-111
Аннотация / Annotation:
The article discusses the phenomenon of disability through the prism of the law of unity and struggle of opposites. The author formulates the contradictions within the normative-legal base, regulating the activity of the disabled in the modern Russian society.
Ключевые слова / Keywords:
the phenomenon of disability, person with a disability, the consistency of regulatory legal base, the contradictions between the proper and things.
Аннотация / Annotation:
The article discusses the phenomenon of disability through the prism of the law of unity and struggle of opposites. The author formulates the contradictions within the normative-legal base, regulating the activity of the disabled in the modern Russian society.
Ключевые слова / Keywords:
the phenomenon of disability, person with a disability, the consistency of regulatory legal base, the contradictions between the proper and things.
MONAHOV D.N. Monahov D.N. – candidate of pedagogical Sciences
FORMATION OF BASES OF THE LEGAL AND SAFE BEHAVIOUR IN ICT NETWORKS
Страницы / Pages: 112-116
Аннотация / Annotation:
The article reveals the content of the concept of network security, security threat; leads solutions to the problem of forming the foundations of legal and safe behaviour in the networks within the subject area of «Informatics»; specifies the sites, and legal information systems.
Ключевые слова / Keywords:
information and communication technologies; computer technologies; new information technologies; security; social networks.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article reveals the content of the concept of network security, security threat; leads solutions to the problem of forming the foundations of legal and safe behaviour in the networks within the subject area of «Informatics»; specifies the sites, and legal information systems.
Ключевые слова / Keywords:
information and communication technologies; computer technologies; new information technologies; security; social networks.
ALESHIN V.V.
Aleshin V.V.
–
The article on some legal aspects of the counter-terrorist operations’ execution
Страницы / Pages: 117-126
Аннотация / Annotation:
This article is dedicated to the legal basis of the execution of the counter-terrorist operations. Some statements of The Federal Law «On the counteraction of terrorism», some judgments of the European Court of Human Rights are considered. In the article the regime of the counter-terrorist operation is analyzed in comparison with other legal regimes.
Ключевые слова / Keywords:
counterterrorist operation, regime, act of terrorism, rights and liberties, restrictions.
Аннотация / Annotation:
This article is dedicated to the legal basis of the execution of the counter-terrorist operations. Some statements of The Federal Law «On the counteraction of terrorism», some judgments of the European Court of Human Rights are considered. In the article the regime of the counter-terrorist operation is analyzed in comparison with other legal regimes.
Ключевые слова / Keywords:
counterterrorist operation, regime, act of terrorism, rights and liberties, restrictions.
NOVIKOV A.V. Novikov A.V. – doctor of sociological Sciences, Professor
YARASHEVA A.V. Yarasheva A.V. – doctor of economic Sciences, Professor
Issues of establishment of the system of social control in Russia
Страницы / Pages: 127-137
Аннотация / Annotation:
The article is devoted to peculiarities of the problems of formation of the system of social (state and public) control in the Russian society.
Ключевые слова / Keywords:
social control, state control, and public control, the development of the state.
Аннотация / Annotation:
The article is devoted to peculiarities of the problems of formation of the system of social (state and public) control in the Russian society.
Ключевые слова / Keywords:
social control, state control, and public control, the development of the state.
SOLOVYEV A.A. Solovyev A.A. – doctor of science (Law), professor
The System of Administrative Justice in Australia
Страницы / Pages: 138-150
Аннотация / Annotation:
The article deals with the system of administrative justice in Australia. The author examines the key issues of the system on the federal level as well as the quasi-court executive bodies for the resolution of administrative disputes, analyzes the legal status of Administrative Appeals Tribunal, as well as the judicial control over administrative issues. Besides, the author’s attention is also drawn to the administrative justice bodies in the Australian states Victoria and New South Wales.
Ключевые слова / Keywords:
Australia, administrative justice, quasi-court bodies, Administrative Appeals Tribunal, Victoria state (AUS), New South Wales.
Аннотация / Annotation:
The article deals with the system of administrative justice in Australia. The author examines the key issues of the system on the federal level as well as the quasi-court executive bodies for the resolution of administrative disputes, analyzes the legal status of Administrative Appeals Tribunal, as well as the judicial control over administrative issues. Besides, the author’s attention is also drawn to the administrative justice bodies in the Australian states Victoria and New South Wales.
Ключевые слова / Keywords:
Australia, administrative justice, quasi-court bodies, Administrative Appeals Tribunal, Victoria state (AUS), New South Wales.
IVANOVA ZH.B. Ivanova Zh.B. – PhD, Associate Professorof
Features notarial enforcement and protection of the right of inheritance of certain types of property in the Russian Federation
Страницы / Pages: 151-160
Аннотация / Annotation:
Article concerns the peculiarities of notarial acts in the implementation of inheritance rights. Particular attention is paid to the primary task of jurisprudence – the conceptual development of the theory notary protection of inheritance , for which solutions need to work on the analysis of the legal regulation of notaries and protecting the rights of citizens in the succession .
Ключевые слова / Keywords:
notarial acts, inheritance, gaps in legislation.
PAGES OF HISTORYАннотация / Annotation:
Article concerns the peculiarities of notarial acts in the implementation of inheritance rights. Particular attention is paid to the primary task of jurisprudence – the conceptual development of the theory notary protection of inheritance , for which solutions need to work on the analysis of the legal regulation of notaries and protecting the rights of citizens in the succession .
Ключевые слова / Keywords:
notarial acts, inheritance, gaps in legislation.
MOROZ E.V. Moroz E.V. – Doctor of History, Associate Professor
The legal positivism: G.F. Shershenevich
Страницы / Pages: 161-169
Аннотация / Annotation:
The analysis of the legal concept of G. F. Shershenevich is given in the article. This concept is based on the formally dogmatic methodology of legal positivism. The main content of the work – construction of philosophy of law and its delimitation of the General theory of law.
Ключевые слова / Keywords:
law, legal positivism, theory, state, philosophy.
Аннотация / Annotation:
The analysis of the legal concept of G. F. Shershenevich is given in the article. This concept is based on the formally dogmatic methodology of legal positivism. The main content of the work – construction of philosophy of law and its delimitation of the General theory of law.
Ключевые слова / Keywords:
law, legal positivism, theory, state, philosophy.
PONKIN I.V. Ponkin I.V. – doctor of science (Law), Professor
PONKINA A.A. Ponkina A.A. – Ph.D. (Law)
First normative legal acts on health and medicine in the foreign states
Страницы / Pages: 170-175
Аннотация / Annotation:
The article investigates the history of the development of health legislation. Shown first foreign laws in this sphere.
Ключевые слова / Keywords:
health care, right to health, public health management, comparative law, medicine.
Аннотация / Annotation:
The article investigates the history of the development of health legislation. Shown first foreign laws in this sphere.
Ключевые слова / Keywords:
health care, right to health, public health management, comparative law, medicine.