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Право и образование

№ 09 • 2016

A THEORY OF LAW

TROFIMOV V.V.
Trofimov V.V. – Doctor of Law, Associate Professor


Specification in law: social interactive settings of transformational process


Страницы / Pages: 4-10

Аннотация / Annotation:
The article is devoted to the problem of specificity in the law from the point of view of the justification of the social aspects of this process. The connection of law implementation practices and certain social relations, represented by systems of social interaction, is stated. Socio-interactive environment legal concretization is simulated. The value of accounting regularities of social life in the process of concretization of rights is determined.


Ключевые слова / Keywords:
law, concretization, law creation, law implementation, interaction, socio-interactive environment, transformative effect.

PONKIN I.V.
Ponkin I.V. – doctor of science (Law), professor 


Entropy, negative entropy and Order in the Public Administration and in the Law


Страницы / Pages: 11-20

Аннотация / Annotation:
The article focuses on the concept and features of actualization of entropy and negative entropy in the public administration and in the law, as well as the concept of order. The article proposes the author’s definitions of «entropy», «negative entropy», «chaos», «Order», «Social Order».


Ключевые слова / Keywords:
entropy, negative entropy, chaos, Order, autonomy, disorganization, Social Order, public administration.

PONOMARENKO E.V.
Ponomarenko E.V. – candidate of jurisprudence, associate professor


To the question of rational legal holism in theory of law 


Страницы / Pages: 21-27

Аннотация / Annotation:
In the modern period of development of homeland theory of law the legal phenomenon are described through prism of rational critical, intellectual transformations. This is so justly. The approach to the law as a product of the state power is overcome little by little. In every “step” on the way of humanization of legal system, turning to the issues of rational legal holism is able to bring humanity to a whole new value legal world-view, which would helped spiritually-moral revival of human and society, their meaningful value to the existence in the legal reality.


Ключевые слова / Keywords:
rational legal holism, legal intellect, legal interest, legal humanism legal consciousness.

MODERN EDUCATION

OSIPOV P.N.
Osipov P.N. – Doctor of Science in Education, Professor

ZIYATDINOVA JU.N.
Ziyatdinova Ju.N. – PhD in Education, Associate Professor


INTERNATIONALIZATION ENGINEERING EDUCATION AS PEDAGOGICAL PRINCIPLES


Страницы / Pages: 28-39

Аннотация / Annotation:
The paper analyzes the laws and contradictions of engineering education development thus rationalizing internationalization as a pedagogical principle of its modernization. The provided theoretical assumptions encourage further improvement of international cooperation and global status of the Russian universities.


Ключевые слова / Keywords:
globalization, internationalization, engineering education, laws, contradictions, internationalization principle.

GLADILINA I.P.
Gladilina I.P. – doctor of pedagogical sciences, professor


Metodologicheskoe support of professional customers as a problem staffing services procurement


Страницы / Pages: 40-48

Аннотация / Annotation:
Normative – legal regulation of the procurement extends the professional standard «Specialist in procurement», which enters into force on 1 July 2016. The standard defines the main functions of labor clients, but the question remains open of professional competencies needed a specialist in procurement for qualitative implementation of their professional activities. Methodological support the development of professionalism in procurement in the absence of an appropriate educational standard is an actual scientific problem that requires, first of all, the theoretical justification of the content of the professional competencies of the specialist. The article discusses possible solutions to the above problem through the formation of professional competence of experts in the field of procurement, to meet the requirements of the staffing of the state, municipal and corporate purchases.


Ключевые слова / Keywords:
government, municipal and corporate procurement, the professional standard, labor function, professional competence, staffing.

TIMOKHINA T.V.
Timokhina T.V. – PhD in Pedagogic Sciences, Assistant Professor 

TELINA I.A.
Telina I.A. – PhD in Pedagogic Sciences, Assistant Professor 

ELISEEV YU.V.
Eliseev Yu.V. – PhD in Philology Sciences, Assistant Professor 


Legislative support for the modernization of the educational system of the Moscow region


Страницы / Pages: 49-54

Аннотация / Annotation:
The article deals with the legislative basis for the development of differentdirections the modernization of pedagogical education of the Moscow region. The experience of formation of regional system of a continuous pedagogical education (college – university) that led to the creation on the basis of the three oldest universities in the region (MGOU, GSGU (Kolomna), GGTU (Orekhovo-Zuevo) major regional centers of teachers training, implementing programs secondary, higher and further education.


Ключевые слова / Keywords:
Moscow region, education, modernization, development trends, legislation.

DANILIN E.M.
Danilin E.M. – PhD of Pedagogical Sciences, Associate Professor

DAVYDOVA N.V.
Davydova N.V. – PhD of Medical Sciences


UNIFIED STATE EXAM IN SCHOOLS OF EDUCATIONAL COLONIES 


Страницы / Pages: 55-60

Аннотация / Annotation:
Based on the results of the study conducted by personnel of Research Institute of Russian Federal Penitentiary in 2016, the problem of organizing of the unified state exam in secondary schools of educational colonies is highlighted, showing its relevance. The article analyzes the unified state exam and identify problems with organization of the unified state exam for prisoners. Experience of the work of a number of schools of educational colonies in this area is analyzed.


Ключевые слова / Keywords:
juvenile offenders, prison education, unified state exam, teaching staff, graduates of schools of educational colonies.

KAZAKOV A.V.
Kazakov A.V. – Candidate of Philological Sciences, Associate Professor


Challenges and Adjustment of International Students to Higher Education Institution


Страницы / Pages: 61-69

Аннотация / Annotation:
The article explores the experience of international students in scientific and socio-cultural activities. The results of interviews showed that to overcome the educational and scientific problems, social isolation and cultural adaptation students use the resources provided mainly by the university. Having a better understanding of the academic problems of students, faculty members and staff can identify students’ needs and provide effective support, using the available resources and services.


Ключевые слова / Keywords:
international students, higher education, academic challenges, social isolation, cultural adjustment.

GERASHCHENKO I.G.
Gerashchenko I.G. – Doctor of Sciences(Philosophy), Professor


Teaching the course on «Philosophy of law»: methodology and methods issues


Страницы / Pages: 70-76

Аннотация / Annotation:
The article examines the issues of methodology and methods of teaching the course on «Philosophy of law». It provides the explanation of this course and analysis of its structure. The prior attention is paid  to the diversity of methodological approaches within philosophy of law which lays out due logic of the scientific research and making up of the course.


Ключевые слова / Keywords:
philosophy, law, philosophy of law, methodology of law, history of law, theory of law.

WE DISCUSS THE PROBLEM

ALESHIN V.V.
Aleshin V.V. – doctor of jurisprudence, professor

PETROVSKIY D.N.
Petrovskiy D.N. – candidate of jurisprudence


Some issues of property rights: the Constitutional Court of the Russian Federation, the European Court of human rights and the development of the russian legislation


Страницы / Pages: 77-89

Аннотация / Annotation:
The article considers the regulatory provisions and decisions of jurisdictional bodies, including some recently acts, associated with the development of the institute of extended confiscation and protection of the rights and freedoms of man and citizen in the application of this measure. The attention is paid on the ratio of decisions of the Constitutional Court of the Russian Federation and the European Court of human rights. Considered the confiscation, which gained additional features and characteristics associated with convergence of the norms public and private law, and the mutual influence of legal norms, arising and functioning in the systems of law belonging to different legal families.


Ключевые слова / Keywords:
the Constitutional Court of the Russian Federation, the European Court of human rights, the right of ownership, confiscation, extended confiscation, counter-terrorism, anti-corruption, criminal liability, administrative liability, related parties.

AKHMETOV A.S.
Akhmetov A.S. – Ph.D, associate professor


Legal education in modern society


Страницы / Pages: 90-97

Аннотация / Annotation:
This article is devoted to the analysis of legal education as an important means of improving the legal culture of modern Kazakhstan society. The aim of the article is to study the features of legal education, which has an active influence on the formation of the foundations of legal culture. The article analyzes the content of the system of legal education as a process of deliberate, systematic influence on the consciousness and behavior of the state, public organizations and individual citizens. This article was written based on a review of scientific studies of domestic and foreign authors on the study of legal education and its importance for the formation of the legal culture of society.


Ключевые слова / Keywords:
law, culture, identity, legal culture, legal upbringing, a democratic state and its values, civil society, legal education.

BOLDYREV O.YU.

Boldyrev O.Yu.
 –

Legal science in the face of “economic imperialism”


Страницы / Pages: 98-106

Аннотация / Annotation:
The “economic analysis of law” (Law & Economics) reduces the “economic methodology” to the methodology of mainstream. It may be useful to develop the political economy analysis of the law (in the framework of the institutional political economy) based on the approaches of classical institutionalism and political economy which abstracts from the controversial tenets of neoclassicism. The author analyzes the debate about the allocation of the “economic law” and emphasizes the importance of combining a multidisciplinary approach with careful selection and designation of the research methodology used.


Ключевые слова / Keywords:
economic analysis of law, “law and economics”, institutional economics, political economy, economic law, constitutional economics.

MIKHAILOV V.I.
Mikhailov V.I. – candidate of sociological in-wook, associate Professor

KOLESNIKOV V.A.
Kolesnikov V.A. – candidate of sociological Sciences, associate Professor


Basic principles of effective planning in the bodies of internal Affairs


Страницы / Pages: 107-113

Аннотация / Annotation:
The article analyzes the main principles of effective planning in the Ministry of internal Affairs, is considered a positive practice in the development of the plan of work of law enforcement agencies. 


Ключевые слова / Keywords:
planning, principles, management stages of the development plan.

MOROZOVA N.V.
Morozova N.V. – candidate of juridical sciences


Some problems of formation of methodology of investigation of crimes in sphere of protection of constitutional rights of citizens for improper medical assistance


Страницы / Pages: 114-121

Аннотация / Annotation:
The crimes committed by medical staff are hard to reveal and investigate. These crimes usually cause great public resonance, and it requires the law-enforcement bodies to be prepared to investigate them thoroughly with high level of competence. 


Ключевые слова / Keywords:
crimes of medical staff, scientific definition apparatus, forensic guarantees, investigation of crimes.

TEPLYASHIN I.V.
Teplyashin I.V. – candidate of juridical sciences, docent 

POPKOVA I.A.
Popkova I.A. – student 


Public control in the sphere of road safety


Страницы / Pages: 122-128

Аннотация / Annotation:
The Article is devoted to the analysis of such a legal institution as social control. The paper presents the normative and the author’s definition of this legal category, and the main signs. Attention is paid to the principles of social control, as well as the areas in which it is implemented. The content of the article and main results of the research is based on the practice of public control in the sphere of road safety.


Ключевые слова / Keywords:
Public control, the state, civil society, the sphere of implementation of public control, road safety.

TOURÉ CH.A.
Touré Ch.A. – PhD (Law)


The Army and the Authorities: setting a scientific problem


Страницы / Pages: 129-137

Аннотация / Annotation:
The article focuses on the relationship between the highest civilian political authorities and higher military administration in the state. The article studied the concept of a military coup. The author showed the history of relations between the highest civilian political authorities and the Army on the example of State of Mali. The author describes the key positions of the legal doctrine of connectedness of the Armed Forces by the constitutional imperatives.


Ключевые слова / Keywords:
government, public administration, Army, correlation of the political and military authorities in the state, failed state, military coup.

PAGES OF HISTORY

ALEKSANDROV А.А.
Aleksandrov А.А. – PhD (History), Associate Professor 


Law, education, tradition: judicial protection of cultural heritage in RSFSR and in the USSR as an issue of the contemporary science of law in its historical perspective


Страницы / Pages: 138-147

Аннотация / Annotation:
The article is devoted development of judicial protection system of tangible cultural heritage in the period of 1917–1991. Qualifying items of historical and cultural heritage as subject to protection by both the state and its judiciary has become an important step on the path of Russia’s national law and justice development. The role of the educational system in its function of shaping the notion of cultural heritage and the need for the state to protect it is being underscored. The relevance of issues of the history of law and the state intrinsic to judicial protection of cultural heritage is determined by the exigencies of the judiciary of the day. The sense of worth engrained in the Russian legal and educational tradition for the sake of protecting and furthering the cultural heritage is noted.


Ключевые слова / Keywords:
cultural heritage, cultural property, education, legal culture, law court, judicial protection, judicial protection of cultural heritage, justice, history of law.

BELYAEVA O.M.
Belyaeva O.M. – PhD in Law, Associate Professor


Political and legal views of F.C. von Savigny


Страницы / Pages: 148-154

Аннотация / Annotation:
F.C. von Savigny tried to prove the wrong character of longstanding thesis that law is made by a lawgiver. Law does not depend on occasion or arbitrariness. Any national law is being formed historically as well as the nation’s language or its mores. Therefore, law reforms must be implemented gradually; a lawgiver has no right to destroy in a moment the legal system having been formed for many centuries and to dictate the nation alien laws and principles. A legislator is competent just to fix the things that have already been produced as law. The representatives of the historical school of law (G. Gugo, F.C. von Savigny, F. Puchta) think that law is the product of national spirit, national believes. They think that law is the result of the national historical experience. The representatives of the historical school of law considered a judge to be more important than a lawgiver, and social usages and natures to be more important than “rational and speculative” written laws. 


Ключевые слова / Keywords:
law codification, national spirit, the historical school of law, Roman law, the German civil code of 1896.

CHEKHOVSKIH K.A.
Chekhovskih K.A. – Candidate in History, Assistant Professor.


Russian Émigré Examination Boards in the Days of the Russian Civil War (1919–1921)


Страницы / Pages: 155-160

Аннотация / Annotation:
It is of great importance to study archive documents to collect objective data, which eliminate important historic events. Specifically, archival depository research allowed investigating the history of the Russian examination boards, which operated in some European countries in 1919–1920. The paper presents facts concerning the activity of private individuals and public organizations representatives, as well as Russian governmental and diplomatic agencies responsible for organizational, legislative and economic aspects of the examination boards affiliated with the Russian Missions of the Russian Red Cross Society and with the embassies of Russia in some European countries. The research has revealed an important role of the examination boards realized through the dissemination of tertiary education possibilities among Russian young people, through assisting young people in choosing their successful life paths, and through protecting the Russian national identity.


Ключевые слова / Keywords:
adaptation, high school diploma, civil war, education, academic setting, students, pupils, examination board, emigration.

SCIENTIFIC DEBUT

STEPANOVA А.S.

Stepanova А.S.
 –

Categories of children in difficult life situations, as the subject RIGHT TO EDUCATION


Страницы / Pages: 161-166

Аннотация / Annotation:
The article analyzes the status of children in difficult life si-tuations, as subjects of the right to education. The author attempts to compare, enforcement and legal analysis of the status of children in difficult situation, students in educational institutions, and three types of institutions: social shelters, social rehabilitation centers for minors, they, help centers for children left without parental care, – with the aim of SET-ment of their role in the implementation of the constitutional right to education of children.


Ключевые слова / Keywords:
children in difficult situations, constitutional right to education, specialized agencies.

BEZRUKOV A.V. 

Bezrukov A.V. 
 –

To the question about the formation of the State emblem of the Russian Federation


Страницы / Pages: 167-173

Аннотация / Annotation:
The article examines the separate stages of formation and development of the state emblem of the Russian Federation. The author reflects that the state emblem has a long historical, socio-political, military roots. The formation of the Russian state simultaneously contributed to the design of the content, structure, appearance of the national emblem. Not one symbol on the national coat of arms is not depicted and not depicted by accident. Each character carries a meaning, the content of which is associated with processes taking place in the state, with the historical traditions and continuity of state power, its political course, etc.


Ключевые слова / Keywords:
state arms of Russia, coat of arms of the RSFSR, Soviet coat of Arms, state emblems, heraldic reform, the image of St. George, the image of the eagle.