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Право и образование

№ 10 • 2009

WORLD OF EDUCATION AND LAW

GANCHERENOK I.I.
Gancherenok I.I. – Vice-Rector Of the Administration Academy under the President of Belarus, Doctor of Physics and Mathematics, Professor

Key Competences for Life-Long Education (Or You Are Never Too Old to Learn?)

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Аннотация / Annotation:
Issues of competence approach to the system of continuous education are considered in the article. Together with terminological aspects there are European framework key competences of life-long education and their integration.

Ключевые слова / Keywords:
life-long education, key competences, competence.

CHAPAEV N.K.
Chapaev N.K. – Professor of the Department of Acmeology of the Faculty of Professional Training of Russian State Professional and Pedagogic University, Doctor of Pedagogy (cell: 83433376397)

Pedagogic Acmeology: Identification Issues

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Аннотация / Annotation:
Fundamental problems of pedagogic acmeology as a science of professional achievements in pedagogy are considered in the article.

Ключевые слова / Keywords:
acmeology, professional teachers’ activity, teacher’s work, acmeological activity.

TKACHENKO A.M.
Tkachenko A.M. – Senior Researcher of Research, Editing and Publishing Department of Khabarovsk Border institute of the federal Security Service of Russia, PhD in Pedagogy

Educational Dimension

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Аннотация / Annotation:
Educational dimension is considered in the article within the frameworks of modern tendencies of this term definition. There are several reasons of lack in investigation of this issue. It is stated that external social norms and system of cultural senses set hierarchy of individual priorities for a person; and specific sources for moral experience formation are determined.

Ключевые слова / Keywords:
educational dimension, discreteness of educational process, axiological picture.

VELIEVA G.S.
Velieva G.S. – Head of the Department of Constitutional Law of Povolzhskaya Academy of State Service in the name of P.A. Stolypin, PhD in Law, Associate Professor

Ecological Education as a Factor of Support of Ecological Security of the Russian Federation: Legal Aspect

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Аннотация / Annotation:
The article covers the problem of support of ecological security. Role and value of ecological education in the system of ecological security is considered. Legal and organizational problems of implementation of state policy in the sphere of ecological education are analyzed and possible ways of their solution are proposed.

Ключевые слова / Keywords:
ecological security, ecological culture, ecological education.

OKULOVA A.V.
Okulova A.V. – Teacher of the Department of History and Philology of Samara Institute of Law of the Federal Service of Execution of Punishment of Russia

Dialog Communication Training in the University of Law

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Аннотация / Annotation:
The article covers a problem of improvement of foreign language training for student of juridical universities. Importance of usage of up-to-date technologies, methods, and methodology of education including dialog communication is set in the article. Great attention is paid to using a dialog as a mean of language material mastering and a form of organization of entire educational process of foreign language teaching.

Ключевые слова / Keywords:
education, dialog communications, dialog, technology, communication.

THEORY OF LAW

SAULYAK O.P.
Saulyak O.P. – Deputy Director of the Department of Theory and History of State and Law of Russian State University for Trade and Economics, PhD in Law, Associate Professor

Legal Culture as a Factor of Enforcement of Law (Theoretical, Cognitive and other Aspects of the Problem)

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Аннотация / Annotation:
One of the most important targets of juridical education and training is formation of legal culture of participants in a society. A role and value of legal culture in modern society is hard to overestimate. It acts as a factor effecting on development of all elements of a legal system including enforcement of law. The fundament of enforcement of law is on individual level. Does legal culture of Russian citizens and state and municipal officers correlate to existing requirements? Which problems do the systems of juridical education and training face to? These issues are the subject of analysis in this article.

Ключевые слова / Keywords:
juridical education and training, legal culture, enforcement of law, legal competence, respect for law, fight for law.

GRIGORIEV O.V.
Grigoriev O.V. – Teacher of Novosibirsk Branch of MUH, PhD in Law
KOLCHEVSKIY A.V.
Kolchevskiy A.V. – Teacher of the Department of Criminal Procedure and Criminal Investigation techniques of Novosibirsk Military Institute of Internal Forces of the Ministry of Internal Affairs of Russia,

Philosophic Ideas for Understanding of Social Nature of Law

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Аннотация / Annotation:
The fundamental problem of philosophy of law is a problem of its nature and social structure. Its understanding as a regulator of public relations is simple and trivial one and does not meet many important requirements of the theory and practice. Philosophy is far from unified understanding of its problems, and has many doctrines and theories; therefore, points of view of scientist-jurists are varied. Every scientist in his legal research focused on philosophic theory, which can correctly demonstrate problems of macrocosm and give reliable methods of scientific cognition.

Ключевые слова / Keywords:
philosophy of law, social nature of law, philosophic ideas.

NALETOV K.I.
Naletov K.I. – Associate Professor of the Department of International Law and Foreign Languages of the Russian Academy of Advocacy and Notary, PhD in Law
NESTEROV V.G.
Nesterov V.G. – Associate Professor of the Department of Medical and Biological Disciplines of the Medical Faculty of Belgorod State University, PhD in Medicine
NESTEROVA E.V.
Nesterova E.V. – Assistant of the Department of Applied Computer Engineering of the Faculty of Cybernetics and Telecommunications of Belgorod State University

Natural and Legal Fundamentals in Russian Civil Legislation

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Аннотация / Annotation:
The article covers investigation of natural and legal fundamentals in civil legislation of the Russian Federation. By authors’ opinion there are distribution of legislation and law, possibility to use of analogy of law and formal priority of non-breaking of other individuals interests over law enforcement.

Ключевые слова / Keywords:
natural law, positive law, civil legislation, analogy of law, abuse of subjective civil right.

DISCUSSING THE PROBLEM

ARABULI G.T.
Arabuli G.T. – teacher of Chelyabinsk Branch of the Modern University for the Humanities, PhD in Law

Preparation of Demurrers by a Defense Lawyer in case of Appealing (Some Aspects of Methodology)

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Аннотация / Annotation:
Initial data for starting preparation by a defense lawyer of counterargument to appeal, cassational and supervisory complaints are proposed to use within the frameworks of educational process for mastering and processing of theoretical material by students, developing of their practical skills, simulating of different situations in role plays.

Ключевые слова / Keywords:
defense lawyer, period for appeal, counterargument to appeal, appellant, cassational and reviewing authority, fundamental breaches.

ROMASHOVA T.V.
Romashova T.V. – Teacher of Ukhta Branch of the Modern University for the Humanities

Some Problems of Risk Definition in a Civil Society

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Аннотация / Annotation:
The article covers the problem of definition of the word ‘risk’ in a civil law. Analysis of existing approaches to definition of a risk by scientists is conducted. A problem of definition of a risk is considered from the position of court materials investigation.

Ключевые слова / Keywords:
risk, eventuality, danger, probability, fault, threat.

KOSAREV V.N.
Kosarev V.N. – Head of the Department of Legal Studies of Uryupinsk Branch of VolGU, PhD in Law, Associate Professor
MOROZOV E.N.
Morozov E.N. – Associate Professor of the Department of legal Studies of Uryupinsk Branch of VolGU
KOSAREVA L.V.
Kosareva L.V. – Postgraduate Student of MGIMO (У) Ministry of Foreign Affairs of the Russian Federation

Fight against Corruption Destabilizing Society

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Аннотация / Annotation:
Corruption is a system and multilevel destructive property of the state and society. Fighting against corruption is based on a complex program and method targeted to prevention of committing corruption crimes. Also bribery is an intermediate link in corrupted organized activity. Success in fighting against corruption for society and state is possible only if it is legally supported by the president and government.

Ключевые слова / Keywords:
corruption, destructive property, society, state, president, political will, program and targeted approach.

MAYOROVA E.I.
Mayorova E.I. – Professor, Doctor of Law, Associate Professor of the Faculty for the Humanities of Moscow Forestry University
PROKHOROV V.G.
Prokhorov V.G. – Postgraduate Student of the Modern University for the Humanities

Illegal Traffic of Environmental Specimens: Import and Export

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Аннотация / Annotation:
The article covers special features of illegal traffic of environmental specimens cross the customs border of the Russian Federation. Types of illegal import and export of environmental specimens are considered, when illegal crossing the customs border as illegal traffic of environmental specimens is classified as a committed crime. Definition of criminally liable traffic of environmental specimens is given on the basis of comparison of regulation of customs and criminal legislation; amendments to the part 1 of the Article No.188 of the Criminal Code of the Russian Federation are proposed.

Ключевые слова / Keywords:
illegal circulation of environmental specimens, illegal import/export of biological specimens, fraud documents and customs identification certificates, non-declaring, insufficient declaring, moment of finishing of illegal traffic of environmental specimens, unauthorized traffic.

GALIEV F.KH.
Galiev F.Kh. – Associate Professor of the Department of Theory and History of State and Law of the Institute of Law of Bashkiria State University, PhD in History

Human Behavior and legal culture

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Аннотация / Annotation:
The article covers the problem of correlation between a human behavior and legal culture. It is stated that legal behavior should be lawful, because choice of model of behavior and methods of problem solution is affected by law.

Ключевые слова / Keywords:
law, behavior, legal behavior, legal culture, legal relations.

HISTORY OF STATE AND LAW

ZIPUNNIKOVA N.N.
Zipunnikova N.N. – Associate Professor of the Department of History of State and Law of Ural state Juridical Academy, PhD in Law, Associate Professor

Roman Law in Educational Standards of the Russian Empire: Historic and Legal Illustration of State Policy in a Field of Lawyers Training

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Аннотация / Annotation:
Formation of state policy of the Russian Empire in a field of juridical education is characterized; educational standards, fixed in university’s bylaw, are analyzed; place of Roman law in juridical disciplines is demonstrated; position of the Ministry of Public Education focused on promotion of Roman law for educational policy of universities is investigated.

Ключевые слова / Keywords:
Roman law and its history, educational standards, university bylaws, juridical education, state policy in a field of lawyers training.

MIRONOV O.O.
Mironov O.O. – Professor of the Department of State and Legal Disciplines of MUH, Doctor of Law, Professor

Two Centenary Jubilee of the Institute of Ombudsman (Human Right Commissioner)

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Аннотация / Annotation:
The article covers history of ombudsman institute establishment. For the first time it was established in Sweden by the Constitution of 1809, and in 1919 it came to Finland. After the WWII it was wide-spread in the world. Now it functions in more than 125 countries. The Ombudsman Institute of the Russian Federation started its formation over 10 years ago. There are Federal commissioner and human rights commissioners in 49 constituent entities of the Russian Federation; specialized commissioners, including children rights commissioners also exist.

Ключевые слова / Keywords:
ombudsman, human rights commissioner, human rights protection, authorized ombudsmen.

IBRAGIMOV K.KH.
Ibragimov K.Kh. – Professor of Russian Legal Academy of the Ministry of Justice of Russia, Doctor of Agriculture, PhD in Law
IBRAGIMOV A.K.
Ibragimov A.K. – Lawyer

General Procurator’s Office as a Special Agency in Peter’s Senate

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Аннотация / Annotation:
On February 22, 2011 it will be 300 years of establishment of the Governmental Senate by Peter the Great. Being the most important link in state power and administration, it functioned up to the February revolution of 1917 and played active role in formation of many state institutions, including Russian Procurator’s Office. We can say that there was no other state institution in Russian history, which functioned so long and affected on all state and public life not discrediting itself. The General Procurator’s Office was the concrete, which formed Senate’s activity and gave sustainability. The article covers a problem of establishment of the General Procurator’s Office by Peter the Great and determination of its authorities.

Ключевые слова / Keywords:
Senate, state administration, General Procurator, attorney-general, auditor general, authorities, regulations, executor, state financial control, administrative support center, edicts.

SCIENTIFIC DEBUT

AVKHADEEV I.V.
Avkhadeev I.V. – Postgraduate Student of the Department of Civil Law of the Modern University for the Humanities

Causes and Limits for Decrease of Marriage Age in the Russian Federation

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Аннотация / Annotation:
On the basis of legal, doctrinal and social analysis the author considers the problem of decease of marriage age related to tentative destructive tradition in the recent years such as cohabitation in fact. The article is focused on lacks in existing system of the Russian family legislation in section of determination of marriage age and causes for its decreasing taking into account legislations of constituent entities of the Russian Federation.

Ключевые слова / Keywords:
marriage age, decrease of marriage age, annulment of marriage, decrease of marriage age in the constituent entities of the Russian Federation, family/marriage ability to act, system factor of marriage age determination.

SELIVANOVA A.YU.
Selivanova A.Yu. – Notary Officer, Moscow

A Rent and Life Estate as Aleatory Contracts

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Аннотация / Annotation:
The article covers contracts, providing social assistance and material support for people signed them. Great attention is paid to issues of protection of renter’s interests, and problems of unification of contract forms used by notary officers for certification of rent and life estate bargains.

Ключевые слова / Keywords:
rent, life estate contract, risk.

OZEROVA K.A.
Ozerova K.A. – Postgraduate Student of the Department of Social Statistics and Demography of Russian State Social University

Legal Fundament of Decreasing Interregional Differentiation in Population’s Incomes

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Аннотация / Annotation:
The article covers a problem of living standards and their support by the state. Analysis of reflection of existing regulatory documents on differentiation of income level in constituent entities of the Russian Federation is conducted, and positive and negative sides of exiting documents are set. Great attention is paid to investigation of consumer budget’s systems.

Ключевые слова / Keywords:
legal fundamentals, living standard, differentiation, system of consumer budget.

MOSKVITIN V.V.
Moskvitin V.V. – Applicant for the Department of Civil Law of Moscow State Academy of Law

Honesty of a Taxpayer as a Legal Category

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Аннотация / Annotation:
This article covers investigation of development of category ‘honesty’ in Russian law. Using of this category effects on possibility of informal estimation of taxpayer’s actions for optimizing of his income taxation, but it can function as an accelerator of growth of possible abuses from state authorities.

Ключевые слова / Keywords:
tax law, estimating categories, honesty, abuse, taxes, taxation, optimization of taxation, taxpayers.

LUT I.L.
Lut I.L. – Postgraduate Student of the Department of Civil Law of Foreign Independent Ecological and Political University

Legal Problems of Mortgage. Arbitration Proceedings in Russia

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Аннотация / Annotation:
The article covers arbitration proceedings in Russia for resolutions of disputes arising in a field of mortgage. Great attention is paid to problems of share pledge in common property law, pledge of rights on leasing of real estate and a problem of combination of unity of legal future of land plot and real estate located in it with their possible separation under the provisions of the Article No.64 of the Federal Law of Russia ‘Real Security. Mortgage of Real Estate’.

Ключевые слова / Keywords:
land plot, arbitration court, mortgage of real estate, pledge of rights on leasing, common property.