Право и образование
№ 09 • 2015
EDUCATIONAL LAW
OSIPOV P. Osipov P. – Doctor of Science in Education, Full Professor
ZIYATDINOVA JU. Ziyatdinova Ju. – PhD in Education, Associate Professor
GORNOVSKAYA A. Gornovskaya A. – Head of Legacy Support Office
ADMINISTRATING EDUCATION INTERNATIONALIZATION AT INSTITUTIONAL LEVEL
Страницы / Pages: 4-14
Аннотация / Annotation:
The research describes the current global challenge for the universities to participate in international rankings and to internationalize their educational programs. The paper summarizes the experience of a leading Russian national research university in developing and implementing the local rules and regulations to administer internationalization at the institutional level while following the international and federal laws.
Ключевые слова / Keywords:
education, internationalization, administration, internationalization legal framework, local rules and regulations.
Аннотация / Annotation:
The research describes the current global challenge for the universities to participate in international rankings and to internationalize their educational programs. The paper summarizes the experience of a leading Russian national research university in developing and implementing the local rules and regulations to administer internationalization at the institutional level while following the international and federal laws.
Ключевые слова / Keywords:
education, internationalization, administration, internationalization legal framework, local rules and regulations.
DEMIDYUK V.A. Demidyuk V.A. – PhD in Law, Associate Professor
LEGISLATIVE REGULATION OF THE LEGAL STATUS OF STUDENTS IN HIGHER EDUCATIONAL INSTITUTIONS AS SUBJECTS OF EDUCATIONAL RELATIONS
Страницы / Pages: 15-25
Аннотация / Annotation:
The article considers the rights, duties and responsibilities of students in the Universities. Legislative regulation of relations between the Federal state budgetary educational institutions of higher professional education and the students enrolled in the University on a paid basis is considered in the article. The author provides the legal nature of the contract for rendering paid educational services, its key features. The author analyzes various concepts of scientists on the most important structural elements of the legal status.
Ключевые слова / Keywords:
subjects of educational relations, the structure elements of the legal status of students, the legal capacity, capability, subjective rights and obligations.
Аннотация / Annotation:
The article considers the rights, duties and responsibilities of students in the Universities. Legislative regulation of relations between the Federal state budgetary educational institutions of higher professional education and the students enrolled in the University on a paid basis is considered in the article. The author provides the legal nature of the contract for rendering paid educational services, its key features. The author analyzes various concepts of scientists on the most important structural elements of the legal status.
Ключевые слова / Keywords:
subjects of educational relations, the structure elements of the legal status of students, the legal capacity, capability, subjective rights and obligations.
SHKUNOV V.N. Shkunov V.N. – Director of Inza Branch of Ulyanovsk State University, Doctor of Pedagogy, Doctor of History
BATANOVA M.A. Batanova M.A. – Vice-Minister of Education and Science of Ulyanovsk Region, Candidate of Pedagogy
The Higher School of Singapore and Evolution of Educational Law
Страницы / Pages: 26-32
Аннотация / Annotation:
Article is devoted to the history of formation and development of the education law in the Republic of Singapore. Particular attention is paid to the problems of legal regulation in the field of higher vocational education.
Ключевые слова / Keywords:
Singapore, legislation, higher education, educational law, international partnership, anti-corruption policy.
Аннотация / Annotation:
Article is devoted to the history of formation and development of the education law in the Republic of Singapore. Particular attention is paid to the problems of legal regulation in the field of higher vocational education.
Ключевые слова / Keywords:
Singapore, legislation, higher education, educational law, international partnership, anti-corruption policy.
PLOCKAYA O.A. Plockaya O.A. – candidate of legal sciences, associate professor
Implementation usually legal experience Permian peoples in modern Russian legislation regulating educational activities
Страницы / Pages: 33-39
Аннотация / Annotation:
The article is devoted to the process of implementation is generally legal experience Permian peoples (Komi (Zyrian), Komi (Perm), Udmurtia) in the current Russian legislation regulating the educational activity. Presents some innovative approaches to teaching and offers the usual ethnic rights. Particular attention is paid to ways to improve the existing federal legislation in the field of education.
Ключевые слова / Keywords:
implementation, the usual ethnic rights, Permian peoples, the Komi (Zyrians), Komi (Permian), Udmurt, Russian legislation, educational activities.
MODERN EDUCATIONАннотация / Annotation:
The article is devoted to the process of implementation is generally legal experience Permian peoples (Komi (Zyrian), Komi (Perm), Udmurtia) in the current Russian legislation regulating the educational activity. Presents some innovative approaches to teaching and offers the usual ethnic rights. Particular attention is paid to ways to improve the existing federal legislation in the field of education.
Ключевые слова / Keywords:
implementation, the usual ethnic rights, Permian peoples, the Komi (Zyrians), Komi (Permian), Udmurt, Russian legislation, educational activities.
NOVIKOVA E.Y. Novikova E.Y. – doctor of philosophical Sciences, Professor
Professional personal development and education
Страницы / Pages: 40-49
Аннотация / Annotation:
The article discusses the professional development of the individual as integral quality of professional competences. Higher education can justifiably be considered as the initial period of professional development. Selection of professional development of students is accompanied by a choice of educational path. The dependence of orientation on education from career planning. Important indicators are the choice of terms, preferences of the subjects involvement in the learning process.
Ключевые слова / Keywords:
profession, development, personality, education, career, values, motives.
Аннотация / Annotation:
The article discusses the professional development of the individual as integral quality of professional competences. Higher education can justifiably be considered as the initial period of professional development. Selection of professional development of students is accompanied by a choice of educational path. The dependence of orientation on education from career planning. Important indicators are the choice of terms, preferences of the subjects involvement in the learning process.
Ключевые слова / Keywords:
profession, development, personality, education, career, values, motives.
CHUMAKOVA L.P. Chumakova L.P. – candidate of legal Sciences, associate Professor
GARMAEV YU.P. Garmaev Yu.P. – doctor of legal Sciences, Professor
Problems of academic and practical components of the students ‘ law-enforcement unit at the law University
Страницы / Pages: 50-58
Аннотация / Annotation:
The authors have concluded that educational and methodical, practice-oriented provision of relevant law student activities can and should become one of the most important areas of application of the further development of Sciences and academic anti-crime cycle disciplines, administrative law and others.
Ключевые слова / Keywords:
teaching law student practice-oriented methods, detachment of public order, prevention of crime, participation in the investigation, working with minors, regional register of national teams and associations, legal education, legal training, legal enlightenment.
Аннотация / Annotation:
The authors have concluded that educational and methodical, practice-oriented provision of relevant law student activities can and should become one of the most important areas of application of the further development of Sciences and academic anti-crime cycle disciplines, administrative law and others.
Ключевые слова / Keywords:
teaching law student practice-oriented methods, detachment of public order, prevention of crime, participation in the investigation, working with minors, regional register of national teams and associations, legal education, legal training, legal enlightenment.
GOLUBIH N.V. Golubih N.V. – the candidate of jurisprudence, associate Professor head of the Department of criminology and executive law of Ural juridical Institute of the Ministry of Internal Affairs of Russia
CHASHNIKOV V.A. Chashnikov V.A. – the candidate of jurisprudence associate Professor of the Department of criminology and criminal executive law of Ural juridical Institute of the Ministry of Internal Affairs of Russia
THE EXPERIENCES OF THE INTER-DEPARTMENTAL PRACTICAL TRAINING (ON THE EXAMPLE OF URAL JURIDICAL INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION)
Страницы / Pages: 59-67
Аннотация / Annotation:
The article presents the positive experience of the inter-departmental practical training on the example of Ural juridical Institute of the Ministry of internal Affairs of the Russia. The authors believe that the use in educational process of educational institutions interdisciplinary practical training is a very urgent and important both in theoretical and practical aspects. The article concludes that the conduct of such studies develops students’ ability to navigate in non-standard conditions, analyze problems, to develop and make decisions, their use significantly improves the completeness of mastering theoretical knowledge, practical skills for future profession and contributes to the formation of common cultural, professional, and professionally specialized competences.
Ключевые слова / Keywords:
classes, practical classes, methods, practical training, competence, professional competence, vocational competence, educational organizations, the Ministry of internal Affairs of Russia.
Аннотация / Annotation:
The article presents the positive experience of the inter-departmental practical training on the example of Ural juridical Institute of the Ministry of internal Affairs of the Russia. The authors believe that the use in educational process of educational institutions interdisciplinary practical training is a very urgent and important both in theoretical and practical aspects. The article concludes that the conduct of such studies develops students’ ability to navigate in non-standard conditions, analyze problems, to develop and make decisions, their use significantly improves the completeness of mastering theoretical knowledge, practical skills for future profession and contributes to the formation of common cultural, professional, and professionally specialized competences.
Ключевые слова / Keywords:
classes, practical classes, methods, practical training, competence, professional competence, vocational competence, educational organizations, the Ministry of internal Affairs of Russia.
DANILIN E.M. Danilin E.M. – candidate of pedagogical Sciences
DAVYDOVA N.V. Davydova N.V. – PhD
EDUCATION – means for correction of convicted juveniles
Страницы / Pages: 68-73
Аннотация / Annotation:
The article presents the organization receiving convicted juveniles general education. The main purpose of correcting juvenile offenders is to return them after the release of a normal life, meeting the requirements of civil society. In educational colonies with the personal characteristics of the minor, as well as its degree of pedagogical neglect conducted individually-oriented system of training of the prisoner. This system is reflected in the individual work plans drawn up by teachers for each student.
Ключевые слова / Keywords:
juvenile correctional facilities, juvenile offenders, prison education, teacher, teaching history, socialization.
Аннотация / Annotation:
The article presents the organization receiving convicted juveniles general education. The main purpose of correcting juvenile offenders is to return them after the release of a normal life, meeting the requirements of civil society. In educational colonies with the personal characteristics of the minor, as well as its degree of pedagogical neglect conducted individually-oriented system of training of the prisoner. This system is reflected in the individual work plans drawn up by teachers for each student.
Ключевые слова / Keywords:
juvenile correctional facilities, juvenile offenders, prison education, teacher, teaching history, socialization.
RUDNEVA N.V. Rudneva N.V. – the senior lecturer
SOCIAL AND LEGAL ACTION TEAMS THE FORMATION OF LEGAL CULTURE UNIVERSITY STUDENTS
Страницы / Pages: 74-78
Аннотация / Annotation:
The article deals with the social and legal activities of initiative groups of students in the process of formation of legal culture, goals and objectives are justified, the essence of the project implemented by stages.
Ключевые слова / Keywords:
legal culture, initiatives, projects, students, personality.
Аннотация / Annotation:
The article deals with the social and legal activities of initiative groups of students in the process of formation of legal culture, goals and objectives are justified, the essence of the project implemented by stages.
Ключевые слова / Keywords:
legal culture, initiatives, projects, students, personality.
PETRENKO A.S. Petrenko A.S. – Ph. D. (Pedagogics), Associate Professor
Development of a system of modular teaching in military educational organizations: theoretical and methodological analysis
Страницы / Pages: 79-88
Аннотация / Annotation:
The article is devoted to theoretical and methodological analysis of the system of modular teaching in military educational organizations; modular teaching is considered from the standpoint of methodology of the system, the activity and contextual approaches.
Ключевые слова / Keywords:
modular teaching, theoretical and methodological analysis, system approach, the activity approach, the contextual approach.
PHYSICAL EDUCATION AND SPORT: LEGAL BASISАннотация / Annotation:
The article is devoted to theoretical and methodological analysis of the system of modular teaching in military educational organizations; modular teaching is considered from the standpoint of methodology of the system, the activity and contextual approaches.
Ключевые слова / Keywords:
modular teaching, theoretical and methodological analysis, system approach, the activity approach, the contextual approach.
BARCHUKOV I.S. Barchukov I.S. – doctor of pedagogical sciences, Professor
The legal regulation in the sphere of physical culture and sports
Страницы / Pages: 89-96
Аннотация / Annotation:
Of particular importance are the students ‘ knowledge of normative-legal acts in physical culture and sports at the international and national level and the ability to use them in their practice.
Ключевые слова / Keywords:
physical education, sports, legal acts, the legal culture of students.
Аннотация / Annotation:
Of particular importance are the students ‘ knowledge of normative-legal acts in physical culture and sports at the international and national level and the ability to use them in their practice.
Ключевые слова / Keywords:
physical education, sports, legal acts, the legal culture of students.
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.
SAMSONOV I.I. Samsonov I.I. – vice-director for sports of Altai Sports School of Olympic Reserve, candidate of pedagogic sciences, associate professor
LEGAL REGULATION OF THE ALL-RUSSIAN sports complex «is ready to work and defense» in law, education and sports training
Страницы / Pages: 97-102
Аннотация / Annotation:
The article is devoted to the question, the place and role of legal rules governing the complex «is ready to work and defense» in the legal system of the Russian Federation, as the innovations of Russian legislation.
Ключевые слова / Keywords:
legal innovations, legal regulation of the sphere of physical culture and sports, history and ideology of the complex «is ready to work and defense», the legal rules governing the complex «is ready to work and defense».
Аннотация / Annotation:
The article is devoted to the question, the place and role of legal rules governing the complex «is ready to work and defense» in the legal system of the Russian Federation, as the innovations of Russian legislation.
Ключевые слова / Keywords:
legal innovations, legal regulation of the sphere of physical culture and sports, history and ideology of the complex «is ready to work and defense», the legal rules governing the complex «is ready to work and defense».
GAVRISHCHUK V.V. Gavrishchuk V.V. – doctor of historical Sciences, Professor
Physical culture and sports in the national security of the Russian Federation: legal aspects
Страницы / Pages: 103-109
Аннотация / Annotation:
In the article the issues of legal regulation in the sphere of physical culture and sports in terms of ensuring national security of Russia. The author of, most importantly, has sharpened its focus on current issues and specific proposals to improve the regulatory framework governing physical culture and sport, at the Federal and regional levels.
Ключевые слова / Keywords:
physical culture, sport, national security, legal regulation, legal framework, mass sports, competitive sports, physical health, sports, defense, security.
SCIENTIFIC MESSAGESАннотация / Annotation:
In the article the issues of legal regulation in the sphere of physical culture and sports in terms of ensuring national security of Russia. The author of, most importantly, has sharpened its focus on current issues and specific proposals to improve the regulatory framework governing physical culture and sport, at the Federal and regional levels.
Ключевые слова / Keywords:
physical culture, sport, national security, legal regulation, legal framework, mass sports, competitive sports, physical health, sports, defense, security.
DEMIN A.V. Demin A.V. – doctors of sciences, assistant professor
«SOFT LAW» AS AN EXPRESSION OF A COMPROMISE IN THE REGULATION OF CROSS-BORDER INTERACTIONS
Страницы / Pages: 110-117
Аннотация / Annotation:
Category «compromise» is a precondition and source of origin and development of soft law concept. The author examines various aspects of soft law as a manifestation of compromise in international relations.
Ключевые слова / Keywords:
hard law, soft law, compromise.
Аннотация / Annotation:
Category «compromise» is a precondition and source of origin and development of soft law concept. The author examines various aspects of soft law as a manifestation of compromise in international relations.
Ключевые слова / Keywords:
hard law, soft law, compromise.
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
Failed state and failed public administration
Страницы / Pages: 118-131
Аннотация / Annotation:
The article investigates the essential features, species, nature, causes and manifestations of a failed state and failed public administration. The article shows the contents of the scientific debate on this subject. The article suggested author’s definition of a failed state. Presented classification of a failed states. The author examines the causes and conditions of the degradation of state and of public administration to failure.
Ключевые слова / Keywords:
failed state, failed public administration, failure of public administration, public administration, governance, sovereignty, destabilization of the state.
Аннотация / Annotation:
The article investigates the essential features, species, nature, causes and manifestations of a failed state and failed public administration. The article shows the contents of the scientific debate on this subject. The article suggested author’s definition of a failed state. Presented classification of a failed states. The author examines the causes and conditions of the degradation of state and of public administration to failure.
Ключевые слова / Keywords:
failed state, failed public administration, failure of public administration, public administration, governance, sovereignty, destabilization of the state.
ANISCHENKO V.N. Anischenko V.N. – doctor of technical sciences, professor
SHADOW ECONOMY AS OBJECT FORENSIC ANALYSIS
Страницы / Pages: 132-141
Аннотация / Annotation:
One of the major shortcomings of existing concepts of the study of the shadow economy is that they are usually limited to a fragmentary consideration of this phenomenon, leaving the outside of the study a number of key components of the shadow economy: management shadow economy, shadow economy, shadow, science and education, and other shady processes and relationships which significantly limits the ability of criminological analysis of the object. Objective need for improving the efficiency of the fight against crime economic orientation leads to the need to improve the analysis of the concept of the shadow economy.
Ключевые слова / Keywords:
shadow economy, the criminal economy, forensics, forensic analysis system, threat.
Аннотация / Annotation:
One of the major shortcomings of existing concepts of the study of the shadow economy is that they are usually limited to a fragmentary consideration of this phenomenon, leaving the outside of the study a number of key components of the shadow economy: management shadow economy, shadow economy, shadow, science and education, and other shady processes and relationships which significantly limits the ability of criminological analysis of the object. Objective need for improving the efficiency of the fight against crime economic orientation leads to the need to improve the analysis of the concept of the shadow economy.
Ключевые слова / Keywords:
shadow economy, the criminal economy, forensics, forensic analysis system, threat.
SERBIN D.S. Serbin D.S. – assistant of the Judge of the Ninth Arbitration Court of Appeal
The right to privacy: the relevance of the topic and some of the results of scientific research
Страницы / Pages: 142-149
Аннотация / Annotation:
The article investigates the constitutional right to privacy. In the article gives author’s definition of the right to privacy. The article shows the nature of this law and its borders. The article shows direct and indirect guarantee of the right to privacy in the legislation of the Russian Federation.
Ключевые слова / Keywords:
right to privacy, constitutional rights and liberties, constitutional law, secret, non-public, personal dignity.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article investigates the constitutional right to privacy. In the article gives author’s definition of the right to privacy. The article shows the nature of this law and its borders. The article shows direct and indirect guarantee of the right to privacy in the legislation of the Russian Federation.
Ключевые слова / Keywords:
right to privacy, constitutional rights and liberties, constitutional law, secret, non-public, personal dignity.
FEDOROVA A.N. Fedorova A.N. – candidate of legal Sciences, associate Professor
System of crimes against property by Articles military 1715
Страницы / Pages: 150-155
Аннотация / Annotation:
The Article is devoted to the investigation of crimes against property in the XVIII century. On the basis of military Articles 1715, the author analyzes the evolution of specific crimes against property.
Ключевые слова / Keywords:
crimes against property, theft, robbery, fraud, military code of 1715.
Аннотация / Annotation:
The Article is devoted to the investigation of crimes against property in the XVIII century. On the basis of military Articles 1715, the author analyzes the evolution of specific crimes against property.
Ключевые слова / Keywords:
crimes against property, theft, robbery, fraud, military code of 1715.
RUZANOV S.A.
Ruzanov S.A.
–
The historical experience of the development of social and political movement in Russia of 1991–1999
Страницы / Pages: 156-162
Аннотация / Annotation:
The article examines the development of socio-political movement in the Russian Federation in the period of liberal reforms of 1991-1999. There have characteristics and patterns of this process and its impact on the development of Russian statehood.
Ключевые слова / Keywords:
socio-political movement, civil society, liberal reforms, the opposition, the “left”, “right”, liberalism, conservatism, socialism.
Аннотация / Annotation:
The article examines the development of socio-political movement in the Russian Federation in the period of liberal reforms of 1991-1999. There have characteristics and patterns of this process and its impact on the development of Russian statehood.
Ключевые слова / Keywords:
socio-political movement, civil society, liberal reforms, the opposition, the “left”, “right”, liberalism, conservatism, socialism.
SAFONOV V.N. Safonov V.N. – Ph.D. In Philosophy, associate professor
CONTROVERSIAL IDENTITY OF RUSSIA
Страницы / Pages: 163-169
Аннотация / Annotation:
The article examines the problem of the ambivalent identity of Russia, which is generated by the position of Russia between Europe and Asia. The author believes that Russia has always been the Oriental State, and today it remains the same in its essential features. Elements of the west, which Russian liberals learned in recent decades have generated turmoil in the country and destabilized it. Transformation of Russian state unto the Western type is impossible. The author argues this thesis with reference to the political ideas of Plato and Aristotle, who were the first in political science developing eastern and western state model, respectively. The matrix of these models imposes on today’s political realities of confrontation between east and west. The future belongs to the development of Russia on ways of eastern model, with a gradual assimilation of elements of the west.
Ключевые слова / Keywords:
identity, Russian liberalism, state, west, east, Plato, Aristotle, the Eastern model, the Western model.
Аннотация / Annotation:
The article examines the problem of the ambivalent identity of Russia, which is generated by the position of Russia between Europe and Asia. The author believes that Russia has always been the Oriental State, and today it remains the same in its essential features. Elements of the west, which Russian liberals learned in recent decades have generated turmoil in the country and destabilized it. Transformation of Russian state unto the Western type is impossible. The author argues this thesis with reference to the political ideas of Plato and Aristotle, who were the first in political science developing eastern and western state model, respectively. The matrix of these models imposes on today’s political realities of confrontation between east and west. The future belongs to the development of Russia on ways of eastern model, with a gradual assimilation of elements of the west.
Ключевые слова / Keywords:
identity, Russian liberalism, state, west, east, Plato, Aristotle, the Eastern model, the Western model.
ARISTOV E.V. Aristov E.V. – PhD (Law), senior lecturer
United Kingdom as a Welfare State: constitutional-legal research
Страницы / Pages: 170-175
Аннотация / Annotation:
The article investigates the features of model of the welfare state implemented in the Great Britain. The article shows the features of fixing of guarantees of the welfare state in UK legislation. The article describes the history of creation and development of the welfare state in the UK.
Ключевые слова / Keywords:
Welfare State, welfaring of the State, Constitutional Law, basis of the constitutional system, constitutional-legal principle of the Welfare State.
REVIEWSАннотация / Annotation:
The article investigates the features of model of the welfare state implemented in the Great Britain. The article shows the features of fixing of guarantees of the welfare state in UK legislation. The article describes the history of creation and development of the welfare state in the UK.
Ключевые слова / Keywords:
Welfare State, welfaring of the State, Constitutional Law, basis of the constitutional system, constitutional-legal principle of the Welfare State.
GLOTOV S.A. Glotov S.A. – PhD. Doctor of jurisprudence
To the question of constitutionalism and the Russian authorities
Страницы / Pages: 176-179
Аннотация / Annotation:
The article is a review of V.V. Kochetkov`s monograph «Constitutionalism and the system of the Russian government in the late XIX – early XX century.” In this book, the author examines the implementation of the values of constitutionalism in the state law of the Russian Empire in the late XIX – early XX century. It also shows the impact on this process had the archetypes of Russian power.
Ключевые слова / Keywords:
constitutionalism, the system of Russian government, freedom, justice, archetype.
Аннотация / Annotation:
The article is a review of V.V. Kochetkov`s monograph «Constitutionalism and the system of the Russian government in the late XIX – early XX century.” In this book, the author examines the implementation of the values of constitutionalism in the state law of the Russian Empire in the late XIX – early XX century. It also shows the impact on this process had the archetypes of Russian power.
Ключевые слова / Keywords:
constitutionalism, the system of Russian government, freedom, justice, archetype.