Право и образование
№ 09 • 2017
EDUCATIONAL LAW
PEVTSOVA E.A. Pevtsova E.A. – doctor of legal Sciences, Professor
The application of the provisions of educational law in Russia and abroad
Страницы / Pages: 4-17
Аннотация / Annotation:
In the article features of application of norms of the educational law in modern Russia are opened, the experience of law enforcement activity in the sphere of education abroad is analyzed. The author points out that the legal awareness of the society and the participants in the educational process exerts a significant influence on the law enforcement process in the sphere of education in modern conditions, in Russia special attention of the public and lawyers is required to the process of applying the law in the sphere of education, an operative reaction of the legislator is needed to finalize and The changes in the norms of the educational law that hinder the effective development of the national education.
Ключевые слова / Keywords:
аpplication of legal norms, educational law, state educational policy.
Аннотация / Annotation:
In the article features of application of norms of the educational law in modern Russia are opened, the experience of law enforcement activity in the sphere of education abroad is analyzed. The author points out that the legal awareness of the society and the participants in the educational process exerts a significant influence on the law enforcement process in the sphere of education in modern conditions, in Russia special attention of the public and lawyers is required to the process of applying the law in the sphere of education, an operative reaction of the legislator is needed to finalize and The changes in the norms of the educational law that hinder the effective development of the national education.
Ключевые слова / Keywords:
аpplication of legal norms, educational law, state educational policy.
SHABLOVA E.G. Shablova E.G. – doctor of law, professor
FILUSCHENKO L.I. Filuschenko L.I. – сandidate of juridical sciences, associate professor
Professional and educational standards: some problems of application
Страницы / Pages: 18-26
Аннотация / Annotation:
Analyzes of legislative novels related to the introduction of professional stand-ards. The professional standard of the manager and the GEF of higher education is compared in the direction of Management. There are terminological differences and a certain inconsistency of professional and educational standards. Some proposals on convergence of the content of the standards are formulated.
Ключевые слова / Keywords:
professional standard, educational standard, qualification, competences.
Аннотация / Annotation:
Analyzes of legislative novels related to the introduction of professional stand-ards. The professional standard of the manager and the GEF of higher education is compared in the direction of Management. There are terminological differences and a certain inconsistency of professional and educational standards. Some proposals on convergence of the content of the standards are formulated.
Ключевые слова / Keywords:
professional standard, educational standard, qualification, competences.
ALEXANDROV A.YU. Alexandrov A.Yu. – of Economic Sciences, associate professor
Definition of models of higher education institutions as the instrument of stimulation of quality of the higher education in Rosisiysky Federation
Страницы / Pages: 27-34
Аннотация / Annotation:
Transition to new models of higher education institutions at preservation of known organizational and legal forms of their activity is interfaced to a number of problems as in internal and external management, and system of an assessment of quality of the higher education. Change of approaches to definition of model of higher education institution from static fixing of the status to possibility of its change, increase in categories of higher education institutions by entering of the corresponding completions into the existing educational legislation seems necessary.
Ключевые слова / Keywords:
educational reform, models of the Russian higher education institutions, the higher education, categories of the educational organizations of the higher education.
Аннотация / Annotation:
Transition to new models of higher education institutions at preservation of known organizational and legal forms of their activity is interfaced to a number of problems as in internal and external management, and system of an assessment of quality of the higher education. Change of approaches to definition of model of higher education institution from static fixing of the status to possibility of its change, increase in categories of higher education institutions by entering of the corresponding completions into the existing educational legislation seems necessary.
Ключевые слова / Keywords:
educational reform, models of the Russian higher education institutions, the higher education, categories of the educational organizations of the higher education.
ANISIMOVA T.V. Anisimova T.V. – candidate of historical Sciences, associate Professor
KONKOV S.V. Konkov S.V. – candidate of legal Sciences
To a question of not passing of the state accreditation
Страницы / Pages: 35-41
Аннотация / Annotation:
The state accreditation – the procedure which has to pass each educational establishment in each realized degree programmes. Existence of the State accreditation certificate grants to a higher educational establishment the right to issue state-recognized degree. In this article authors have considered consequences of not passing by higher education establishment of the state accreditation.
Ключевые слова / Keywords:
state accreditation, student, Ministry of education and science federal service for supervision in education and science, educational establishment.
Аннотация / Annotation:
The state accreditation – the procedure which has to pass each educational establishment in each realized degree programmes. Existence of the State accreditation certificate grants to a higher educational establishment the right to issue state-recognized degree. In this article authors have considered consequences of not passing by higher education establishment of the state accreditation.
Ключевые слова / Keywords:
state accreditation, student, Ministry of education and science federal service for supervision in education and science, educational establishment.
URAZBAEV R.SH.
Urazbaev R.Sh.
–
Limitations of the law or barriers for effective anti-corruption policy at universities
Страницы / Pages: 42-47
Аннотация / Annotation:
The author considers drawbacks of initiated Article No. 291.2 of the Criminal Code of the Russian Federation on small bribe liability and demonstrates that the liability for this action could be escaped. The paper underlines impermissibility of such situation as it conflicts with the state anticorruption policy and anticorruption measures in higher education. The author gives examples of other states in the context of anti-corruption education.
Ключевые слова / Keywords:
anticorruption policy, Article № 291.2 of the Criminal Code of the Russian Federation, small bribe, giving and receiving a bribe, fighting corruption, court fine.
Аннотация / Annotation:
The author considers drawbacks of initiated Article No. 291.2 of the Criminal Code of the Russian Federation on small bribe liability and demonstrates that the liability for this action could be escaped. The paper underlines impermissibility of such situation as it conflicts with the state anticorruption policy and anticorruption measures in higher education. The author gives examples of other states in the context of anti-corruption education.
Ключевые слова / Keywords:
anticorruption policy, Article № 291.2 of the Criminal Code of the Russian Federation, small bribe, giving and receiving a bribe, fighting corruption, court fine.
IVANOVA O.A. Ivanova O.A. – of jurisprudence, associate professor
Role of the Bologna declaration in change of world educational space
Страницы / Pages: 48-54
Аннотация / Annotation:
On the basis of the analysis of modernization of standard legal support of Bologna Process and opinions of various authors the most significant stages of development of global educational reform come to light, the conclusion about change of the initial concept is drawn, the reform purposes which achievement is impossible for nearly two decades are designated. The directions of improvement of the Russian educational legislation according to new approaches to implementation of the Bologna agreements are offered.
Ключевые слова / Keywords:
Bologna Process; world educational space; educational reform; the higher education.
HOT TOPICАннотация / Annotation:
On the basis of the analysis of modernization of standard legal support of Bologna Process and opinions of various authors the most significant stages of development of global educational reform come to light, the conclusion about change of the initial concept is drawn, the reform purposes which achievement is impossible for nearly two decades are designated. The directions of improvement of the Russian educational legislation according to new approaches to implementation of the Bologna agreements are offered.
Ключевые слова / Keywords:
Bologna Process; world educational space; educational reform; the higher education.
SIGALOV K.E. Sigalov K.E. – doctor of juridical sciences, associate professor
SHAPARNEVA A.I. Shaparneva A.I. – candidate of historical Sciences, associate professor
The mental foundation of normative thinking
Страницы / Pages: 55-64
Аннотация / Annotation:
Normative thinking generates rules and raises difficult and controversial issues for understanding the nature and logic of rule. Finding the reality, the rule «come off» from normative thinking, becomes an attribute of legal culture, a tool of the particular law. Normative thinking of the legal reality exists because of distancing from it, it transforms the idea of a normal, adapting to the way that it is considered as normal in different legal cultures.
Ключевые слова / Keywords:
rule, law, dogma, socio-cultural realities, archetypal, regulation, system of law, pattern and randomness, the interpretation.
Аннотация / Annotation:
Normative thinking generates rules and raises difficult and controversial issues for understanding the nature and logic of rule. Finding the reality, the rule «come off» from normative thinking, becomes an attribute of legal culture, a tool of the particular law. Normative thinking of the legal reality exists because of distancing from it, it transforms the idea of a normal, adapting to the way that it is considered as normal in different legal cultures.
Ключевые слова / Keywords:
rule, law, dogma, socio-cultural realities, archetypal, regulation, system of law, pattern and randomness, the interpretation.
EVDOKIMOV V.B. Evdokimov V.B. – doctor of legal Sciences, Professor
On the harmonization of the Russian legislation non-governmental organizations performing functions of a public authority
Страницы / Pages: 65-70
Аннотация / Annotation:
In article on the basis of the analysis of the provisions of the administrative procedure Code, other Federal laws, and also decisions of the constitutional Court and the Plenum of the Supreme Court of the Russian Federation considers the problem of unification of the concept of non-governmental organizations that perform separate functions in public (state) authorities in the Russian Federation.
Ключевые слова / Keywords:
constitution of the Russian Federation, non-governmental organizations, Сonstitutional court of the Russian Federation, federal law, the decisions of the Constitutional Court and the Plenum of the Supreme Court of the Russian Federation.
Аннотация / Annotation:
In article on the basis of the analysis of the provisions of the administrative procedure Code, other Federal laws, and also decisions of the constitutional Court and the Plenum of the Supreme Court of the Russian Federation considers the problem of unification of the concept of non-governmental organizations that perform separate functions in public (state) authorities in the Russian Federation.
Ключевые слова / Keywords:
constitution of the Russian Federation, non-governmental organizations, Сonstitutional court of the Russian Federation, federal law, the decisions of the Constitutional Court and the Plenum of the Supreme Court of the Russian Federation.
TEPLYASHIN I.V. Teplyashin I.V. – candidate of juridical sciences, docent
BAKHMUTOV YU.S.
Bakhmutov Yu.S.
–
The effectiveness of state authorities ‘ consideration of public initiatives of citizens, directed by means of Internet resources
Страницы / Pages: 71-80
Аннотация / Annotation:
The article considers the institution of public initiatives of citizens in the context of working with them of state authorities in electronic form through Internet resources. Both shortcomings and positive characteristics of the direction of such initiatives are shown. The authors of the article are sure that such a mechanism of interaction between civil society and the Russian state has a prospective character and needs close attention from the legislator.
Ключевые слова / Keywords:
public initiative, electronic democracy, the Russian public initiative, the right of citizens to the participation in management of the affairs of the state.
Аннотация / Annotation:
The article considers the institution of public initiatives of citizens in the context of working with them of state authorities in electronic form through Internet resources. Both shortcomings and positive characteristics of the direction of such initiatives are shown. The authors of the article are sure that such a mechanism of interaction between civil society and the Russian state has a prospective character and needs close attention from the legislator.
Ключевые слова / Keywords:
public initiative, electronic democracy, the Russian public initiative, the right of citizens to the participation in management of the affairs of the state.
MARINA A.A. Marina A.A. – candidate of legal Sciences, associate Professor
The principle of legality in arbitral proceedings
Страницы / Pages: 81-85
Аннотация / Annotation:
1 September 2009 entered into force the Federal law from 29.12.2015 N 382-FZ «On arbitration (arbitration proceedings) in the Russian Federation», thus reformed many of the provisions relating to the activities of arbitration courts in Russia. Changes, in particular, touched upon the content of the principles on which the activities of arbitration. The principle of legality, unlike the previous legislation was removed from the text of the law No. 382-FZ. The necessity of direct establishment of the principle of legality as principles of activities of arbitration courts.
Ключевые слова / Keywords:
arbitration, arbitration court, arbitration, legal principle, principle, principle of legality.
WE DISCUSS THE PROBLEMАннотация / Annotation:
1 September 2009 entered into force the Federal law from 29.12.2015 N 382-FZ «On arbitration (arbitration proceedings) in the Russian Federation», thus reformed many of the provisions relating to the activities of arbitration courts in Russia. Changes, in particular, touched upon the content of the principles on which the activities of arbitration. The principle of legality, unlike the previous legislation was removed from the text of the law No. 382-FZ. The necessity of direct establishment of the principle of legality as principles of activities of arbitration courts.
Ключевые слова / Keywords:
arbitration, arbitration court, arbitration, legal principle, principle, principle of legality.
MOROZKINA T.V. Morozkina T.V. – PhD, Associate Professor
VRYGANOVA K.A. Vryganova K.A. – PhD, Associate Professor
To the Question of Reflection in Intercultural Communication
Страницы / Pages: 86-91
Аннотация / Annotation:
This article is devoted to the reflection actualization as a mental process in learning foreign language and culture under the conditions of modern intercultural paradigm. Complex cognitive process in studying intercultural language competence is analyzed from the perspective of reflection paying special attention to personal parameters of an individual and national-cultural pecularities. The above mentioned pragmatic functions of reflective “I” are the necessary conditions of successful cross-cultural interaction.
Ключевые слова / Keywords:
reflection, cross-cultural paradigm, meta-thinking, intercultural communication, a native speaker.
Аннотация / Annotation:
This article is devoted to the reflection actualization as a mental process in learning foreign language and culture under the conditions of modern intercultural paradigm. Complex cognitive process in studying intercultural language competence is analyzed from the perspective of reflection paying special attention to personal parameters of an individual and national-cultural pecularities. The above mentioned pragmatic functions of reflective “I” are the necessary conditions of successful cross-cultural interaction.
Ключевые слова / Keywords:
reflection, cross-cultural paradigm, meta-thinking, intercultural communication, a native speaker.
SUKHOVETSKAYA E.YU. Sukhovetskaya E.Yu. – candidate of pedagogical sciences, associate professor
KHOMYAKOV I.D. Khomyakov I.D. – Candidate of Legal Sciences
Improvement of legal education of future officers as a mechanism of countering corruption in the military part of the troops of the national guards of the Russian Federation
Страницы / Pages: 92-98
Аннотация / Annotation:
The article is devoted to counteracting corruption in the troops of the national guard of the Russian Federation. The authors conducted an analysis of corruption crime in the troops of the national guard, proposed measures to improve the legal education with the aim of forming an anti-corruption policy in the system of professional training of future officers.
Ключевые слова / Keywords:
legal education, legal consciousness, corruption, anti-corruption policy, national guard troops, cadets.
Аннотация / Annotation:
The article is devoted to counteracting corruption in the troops of the national guard of the Russian Federation. The authors conducted an analysis of corruption crime in the troops of the national guard, proposed measures to improve the legal education with the aim of forming an anti-corruption policy in the system of professional training of future officers.
Ключевые слова / Keywords:
legal education, legal consciousness, corruption, anti-corruption policy, national guard troops, cadets.
DUBINETSKY V.V. Dubinetsky V.V. – PhD
Crossfit as a means of speed-strength preparation of highly qualified judoists
Страницы / Pages: 99-102
Аннотация / Annotation:
The article presents the results of the implementation in practice of a certain group of highly qualified judoists of crossfit with the aim of the study improve speed-strength qualities of sportsmen. The results are shown in the graphs.
Ключевые слова / Keywords:
crossfit, speed-power training, judo.
Аннотация / Annotation:
The article presents the results of the implementation in practice of a certain group of highly qualified judoists of crossfit with the aim of the study improve speed-strength qualities of sportsmen. The results are shown in the graphs.
Ключевые слова / Keywords:
crossfit, speed-power training, judo.
SUROVEGIN A.V.
Surovegin A.V.
–
BAKANOV M.O.
Bakanov M.O.
–
Modeling of process of formation of cognitive interest of students of educational institutions of EMERCOM of Russia
Страницы / Pages: 103-110
Аннотация / Annotation:
The article considers the content and structure of model of formation of cognitive interest of students of educational institutions of EMERCOM of Russia. Considered components of the developed model, the complex of the pedagogical conditions promoting formation of cognitive interest, but also defined criteria of formation of cognitive interest.
Ключевые слова / Keywords:
cognitive interest, modeling, pedagogical conditions, training, components, approaches, criteria.
PAGES OF HISTORYАннотация / Annotation:
The article considers the content and structure of model of formation of cognitive interest of students of educational institutions of EMERCOM of Russia. Considered components of the developed model, the complex of the pedagogical conditions promoting formation of cognitive interest, but also defined criteria of formation of cognitive interest.
Ключевые слова / Keywords:
cognitive interest, modeling, pedagogical conditions, training, components, approaches, criteria.
MATVEEV O.V. Matveev O.V. – doctor of historical sciences, associate professor
GONCHAROV P.A.
Goncharov P.A.
–
some features of domestic experience of the defensive industry in creation of system of the warning of rocket attack (1960–1991)
Страницы / Pages: 111-124
Аннотация / Annotation:
Construction of domestic system of the warning of the rocket was carried out according to acts of the supreme bodies of the power and management. Considering the recommendations developed during 56 sessions of Legal subcommittee of the UN (27.03–7.04.2017 g) about creation of the uniform center of information on monitoring of a near-earth space under the auspices of the UN, the operating Russian system is capable to make an essential contribution to work of such center for identification of space debris.
Ключевые слова / Keywords:
System of the warning of rocket attack, radar, investigation of a space, military space objects, space debris.
Аннотация / Annotation:
Construction of domestic system of the warning of the rocket was carried out according to acts of the supreme bodies of the power and management. Considering the recommendations developed during 56 sessions of Legal subcommittee of the UN (27.03–7.04.2017 g) about creation of the uniform center of information on monitoring of a near-earth space under the auspices of the UN, the operating Russian system is capable to make an essential contribution to work of such center for identification of space debris.
Ключевые слова / Keywords:
System of the warning of rocket attack, radar, investigation of a space, military space objects, space debris.
SHEIPAK L.A. Sheipak L.A. – doctor of historical Sciences, associate Professor
MOISEEVA T.A.
Moiseeva T.A.
–
The formation of the sanitary preventive direction of zemstvo medicine in the second half of XIX-early XX centuries
Страницы / Pages: 125-129
Аннотация / Annotation:
The article is devoted to the overview analysis of the accumulated historical material of the process of formation of the sanitary preventive direction of zemstvo medicine.
Ключевые слова / Keywords:
zemstvo medicine, the sanitary preventive direction, sanitary statistics, sanitary organizations.
Аннотация / Annotation:
The article is devoted to the overview analysis of the accumulated historical material of the process of formation of the sanitary preventive direction of zemstvo medicine.
Ключевые слова / Keywords:
zemstvo medicine, the sanitary preventive direction, sanitary statistics, sanitary organizations.
MUCHLAEV K.O.
Muchlaev K.O.
–
The problems of introducing universal primary education in the Russian Empire
Страницы / Pages: 130-142
Аннотация / Annotation:
The article is devoted to the problems encountered by the legislators of the Russian Empire in the course of developing a common position on the form of implementing the law on education. In particular, special attention is paid to the issue of accessibility and free primary education to all segments of the population.
Ключевые слова / Keywords:
universal education, reform of education, education system, education act.
SCIENTIFIC DEBUTАннотация / Annotation:
The article is devoted to the problems encountered by the legislators of the Russian Empire in the course of developing a common position on the form of implementing the law on education. In particular, special attention is paid to the issue of accessibility and free primary education to all segments of the population.
Ключевые слова / Keywords:
universal education, reform of education, education system, education act.
CHORNOGOR YU.V. Chornogor Yu.V. – postgraduate student
Formation of culture of healthy lifestyle of pupils in the modern school
Страницы / Pages: 143-149
Аннотация / Annotation:
In the article the questions of formation of culture of healthy lifestyle of pupils and the role of the modern school in this task. The author analyzes the key ideas of the doctrinal concepts of health care, the vector of their development, considers the changes occurring in the modern school, clarified its objectives of preserving and strengthening health of pupils, taking into account the dynamics of internal and external educational environment, and age characteristics of this category of students.
Ключевые слова / Keywords:
health, healthy lifestyle, healthy lifestyles, health preservation, health, formation, health, creativity, health saving environment in a modern school, physical culture, sports.
Аннотация / Annotation:
In the article the questions of formation of culture of healthy lifestyle of pupils and the role of the modern school in this task. The author analyzes the key ideas of the doctrinal concepts of health care, the vector of their development, considers the changes occurring in the modern school, clarified its objectives of preserving and strengthening health of pupils, taking into account the dynamics of internal and external educational environment, and age characteristics of this category of students.
Ключевые слова / Keywords:
health, healthy lifestyle, healthy lifestyles, health preservation, health, formation, health, creativity, health saving environment in a modern school, physical culture, sports.
SLIVKIN A.N.
Slivkin A.N.
–
Pedagogical approaches to the formation of the readiness activities on patriotic education (on the example of Novosibirsk military institute of national guard troops of the Russian Federation)
Страницы / Pages: 150-155
Аннотация / Annotation:
In the article the aspects of forming readiness of future officers to the Patriotic education of servicemen of national guard troops of the Russian Federation, the analysis of pedagogical conditions of training of cadets. The author describes the structural-functional model of formation of readiness of cadets of national guard troops to Patriotic education, promote the efficiency of training of cadets in the educational process of the military institution.
Ключевые слова / Keywords:
model, Patriotic education, student, military personnel, national guard troops, the formation.
Аннотация / Annotation:
In the article the aspects of forming readiness of future officers to the Patriotic education of servicemen of national guard troops of the Russian Federation, the analysis of pedagogical conditions of training of cadets. The author describes the structural-functional model of formation of readiness of cadets of national guard troops to Patriotic education, promote the efficiency of training of cadets in the educational process of the military institution.
Ключевые слова / Keywords:
model, Patriotic education, student, military personnel, national guard troops, the formation.
KOROLEVA P.R.
Koroleva P.R.
–
Requirements to the candidates to the posts of judges of supreme courts in the russian federation and foreign countries: comparative-legal research
Страницы / Pages: 156-165
Аннотация / Annotation:
The article studies the content of the requirements for candidates for positions of judges of the highest courts in the Russian Federation and abroad. The author analyzes the provisions of Russian and foreign legislation on this issue and concludes that it is necessary to amend the provisions of domestic regulatory legal acts concerning such requirements.
Ключевые слова / Keywords:
requirements to candidates of judges` positions, procedure for appointing judges, incompatibility of a judge’s position with other activities.
Аннотация / Annotation:
The article studies the content of the requirements for candidates for positions of judges of the highest courts in the Russian Federation and abroad. The author analyzes the provisions of Russian and foreign legislation on this issue and concludes that it is necessary to amend the provisions of domestic regulatory legal acts concerning such requirements.
Ключевые слова / Keywords:
requirements to candidates of judges` positions, procedure for appointing judges, incompatibility of a judge’s position with other activities.
POPOV A.A.
Popov A.A.
–
To the question of separation of prosecutor and his deputies duties on organization of prosecutor’s supervision over performance of laws by investigation organs and of prosecutors participation in court examination of criminal cases
Страницы / Pages: 166-170
Аннотация / Annotation:
Author considers the problem of providing of independence of functions of prosecutor’s supervision over performance of laws by investigation’s organs and of participation in court examination of criminal cases, separation of them from each other and proposes solutions.
Ключевые слова / Keywords:
prosecutor’s office, authority, duties, prosecutor’s supervision over investigation, public prosecution.
REVIEWSАннотация / Annotation:
Author considers the problem of providing of independence of functions of prosecutor’s supervision over performance of laws by investigation’s organs and of participation in court examination of criminal cases, separation of them from each other and proposes solutions.
Ключевые слова / Keywords:
prosecutor’s office, authority, duties, prosecutor’s supervision over investigation, public prosecution.
ALESHIN V.V. Aleshin V.V. – Doctor of law, Professor
The gripping book about isis
Страницы / Pages: 171-174
Аннотация / Annotation:
Review of the monograph of V.V. Krasinsky and V.V. Mashko “International terrorist organization “Islamic state”: past, present”. The review examines issues of the international terrorism and cooperation against terrorist organization “Islamic state”.
Ключевые слова / Keywords:
terrorist organization, quasi-state, international terrorism, ISIS, “Islamic State”.
Аннотация / Annotation:
Review of the monograph of V.V. Krasinsky and V.V. Mashko “International terrorist organization “Islamic state”: past, present”. The review examines issues of the international terrorism and cooperation against terrorist organization “Islamic state”.
Ключевые слова / Keywords:
terrorist organization, quasi-state, international terrorism, ISIS, “Islamic State”.