Право и образование
№ 10 • 2010
EDUCATIONAL LAWKRASNOVA G.A.
Krasnova G.A. – Vice-Rector on International Innovative Activity of GOU VPO ‘Russian University for Peoples’ Friendship’, Doctor of Philosophy
ZHELEZNYAK S.V. Zheleznyak S.V. – Jurist Consult of the Department of International Projects and Programs of GOU VPO ‘Russian University for Peoples’ Friendship’, Master of the Department of Comparative Educational Policy
Issue of Changing an Order of Invitations for Foreign Teachers by Russian Universities
Страницы / Pages: 4-10
Аннотация / Annotation:
Amendments in migration legislation related to lightening of procedures of attraction of foreign teachers to Russian universities fixed in the Federal Law No. 86-FZ ‘Amendments to the Federal Law ‘Legal Status of Foreign Citizens in the Russian Federation’ and federal legislative acts of the Russian Federation’ are analyzed in the article.
Ключевые слова / Keywords:
invitation of foreign teachers, work permit, permission on working of foreign citizens, migration quotas.
VAVILIN E.V. Аннотация / Annotation:
Amendments in migration legislation related to lightening of procedures of attraction of foreign teachers to Russian universities fixed in the Federal Law No. 86-FZ ‘Amendments to the Federal Law ‘Legal Status of Foreign Citizens in the Russian Federation’ and federal legislative acts of the Russian Federation’ are analyzed in the article.
Ключевые слова / Keywords:
invitation of foreign teachers, work permit, permission on working of foreign citizens, migration quotas.
Vavilin E.V. – Head of the Sector of Branch Problems of Saratov Branch of the Institute of State and Law of the Russian Academy of Sciences, Doctor of Law, Associate Professor
Effective Training and Retraining of Scientists and Teachers
Страницы / Pages: 11-15
Аннотация / Annotation:
The work covers investigation of problems of training of scientists and teachers in a higher educational institution. Disadvantages of the mechanism of legal regulation of relations in a field of science and education are analyzed. Ways of problems solving and effectiveness increasing of scientific and research work are determined in the article. The author gives proposals on development of the existing legislation.
Ключевые слова / Keywords:
a higher educational institution, scientific and research work, scientists and teachers, legal regulation, law, obligations, sanctions, protection of rights.
KIRILLOVIKH A.A. Аннотация / Annotation:
The work covers investigation of problems of training of scientists and teachers in a higher educational institution. Disadvantages of the mechanism of legal regulation of relations in a field of science and education are analyzed. Ways of problems solving and effectiveness increasing of scientific and research work are determined in the article. The author gives proposals on development of the existing legislation.
Ключевые слова / Keywords:
a higher educational institution, scientific and research work, scientists and teachers, legal regulation, law, obligations, sanctions, protection of rights.
Kirillovikh A.A. – Jurist-Consult of Vyatka State Agricultural Academy, Teacher of Saint-Petersburg Institute of Foreign Economic relations, Economics and Law (Kirov Branch)
HIGHER SCHOOL IN EDUCATIONAL LEGISLATION: CHALLENGES AND SOLUTIONS
Страницы / Pages: 16-27
Аннотация / Annotation:
The author analyzes legal status of higher educational institutions within the frameworks of existing educational legislation; the ways of development of norms in higher school based on modern practice of legal regulation are proposed.
Ключевые слова / Keywords:
European system of education, centralization and decentralization, liberalization, bylaws, educational authorities, universities’ autonomy, local regulation, branch universities, Typical Bylaw, educational and managerial relations, juridical measures, economic legal capacity, autonomous establishments.
ASTAFIEV N.V. Аннотация / Annotation:
The author analyzes legal status of higher educational institutions within the frameworks of existing educational legislation; the ways of development of norms in higher school based on modern practice of legal regulation are proposed.
Ключевые слова / Keywords:
European system of education, centralization and decentralization, liberalization, bylaws, educational authorities, universities’ autonomy, local regulation, branch universities, Typical Bylaw, educational and managerial relations, juridical measures, economic legal capacity, autonomous establishments.
Astafiev N.V. – Head of Educational and Scientific Complex of Omsk Academy of the Ministry of Internal Affairs of Russia, Doctor of Pedagogy, Professor
KUZNETSOV A.F. Kuznetsov A.F. – Deputy Director of the Department of Military and Physical Training of Omsk Academy of the Ministry of Internal Affairs of Russia, PhD in Pedagogy, Associate Professor
Legal, Organizational and Methodical Fundamentals of Creation of Sport Clubs in Universities of the Ministry of Internal Affairs
Страницы / Pages: 28-43
Аннотация / Annotation:
The article covers investigation of problems of organization of sport and sport-mass work in institutions of higher professional training of the Ministry of Internal Affairs of Russia. Necessity of development of sport clubs in higher educational institutions is shown. A structure of sport club and a draft of the Statement of Sport Club in a Russian University are proposed.
Ключевые слова / Keywords:
higher educational institutions of the Ministry of Internal Affairs of Russia; supplementary form of physical training and professional and applied physical training; sport work, sport-mass work, a sport club.
SHCHEPKINA M.K. Аннотация / Annotation:
The article covers investigation of problems of organization of sport and sport-mass work in institutions of higher professional training of the Ministry of Internal Affairs of Russia. Necessity of development of sport clubs in higher educational institutions is shown. A structure of sport club and a draft of the Statement of Sport Club in a Russian University are proposed.
Ключевые слова / Keywords:
higher educational institutions of the Ministry of Internal Affairs of Russia; supplementary form of physical training and professional and applied physical training; sport work, sport-mass work, a sport club.
Shchepkina M.K. – Dean of the Faculty of Social Sciences of Amur State University PhD in Pedagogy, Associate Professor
DEVELOPMENT OF A SYSTEM OF EDUCATION FOR PRISONERS AND ITS DOCUMENTAL SUPPORT
Страницы / Pages: 44-58
Аннотация / Annotation:
History of development of a system of education as one of main mean of their correction and re-socialization is considered in the article. Necessity of loyalty for education for prisoners in accordance with international regulations of protection of prisoners’ rights in a field of education is shown.
Ключевые слова / Keywords:
a correctional facility, prisoners, humanization, a penal system, education, right for education, education, correction.
MODERN EDUCATIONАннотация / Annotation:
History of development of a system of education as one of main mean of their correction and re-socialization is considered in the article. Necessity of loyalty for education for prisoners in accordance with international regulations of protection of prisoners’ rights in a field of education is shown.
Ключевые слова / Keywords:
a correctional facility, prisoners, humanization, a penal system, education, right for education, education, correction.
GULYAIKHIN V.N.
Gulyaikhin V.N. – Head of the Department of Social Work and Pedagogy of Volgograd State University, Doctor of Philosophy, Associate Professor
Juridical Education as a Factor and a Mean of Legal Socialization of Russian Citizens
Страницы / Pages: 59-70
Аннотация / Annotation:
The article covers a problem of development of hierarchical system of signs of legal consciousness of a person determining his/her targets, sets and norms of behavior. Juridical education within this context is considered as an important factor and necessary mean of legal socialization of Russian citizens. The author concludes that juridical education is objectively focused on serious participation in organization of Russian social and cultural dimension, which is necessary for development of a civil society and building of a legal state.
Ключевые слова / Keywords:
juridical education, legal socialization, legal consciousness, legal culture, educational dimension, moral and legal values, a Russian citizen, social and cultural environment.
GRIGORIEV O.V. Аннотация / Annotation:
The article covers a problem of development of hierarchical system of signs of legal consciousness of a person determining his/her targets, sets and norms of behavior. Juridical education within this context is considered as an important factor and necessary mean of legal socialization of Russian citizens. The author concludes that juridical education is objectively focused on serious participation in organization of Russian social and cultural dimension, which is necessary for development of a civil society and building of a legal state.
Ключевые слова / Keywords:
juridical education, legal socialization, legal consciousness, legal culture, educational dimension, moral and legal values, a Russian citizen, social and cultural environment.
Grigoriev O.V. – Teacher of Novosibirsk Branch of MUH, PhD in Law
TOMSKIKH S.N. Tomskikh S.N. – Teacher of Novosibirsk Military Institute of Internal Guards of the Ministry of Internal Affairs of Russia
Legal Education as a Determinant of Social Adaptation of Recruits of Military Universities
Страницы / Pages: 71-76
Аннотация / Annotation:
The article covers analysis of interaction between legal education and other ways of social educations of recruits of military universities. Factors influencing on a scale of this interaction are considered; importance of strengthening of interaction in educational process of a military educational institution is shown.
Ключевые слова / Keywords:
social education, legal education, public and political consciousness.
KOSTINA O.V. Аннотация / Annotation:
The article covers analysis of interaction between legal education and other ways of social educations of recruits of military universities. Factors influencing on a scale of this interaction are considered; importance of strengthening of interaction in educational process of a military educational institution is shown.
Ключевые слова / Keywords:
social education, legal education, public and political consciousness.
Kostina O.V. – Assistant of the Department of Theory of Language of Kirov Institute of Foreign Languages
Democratization and Freedom of Educational Process as Leading Principles of Development of Personal Freedom of University Students
Страницы / Pages: 77-84
Аннотация / Annotation:
The article covers basic pedagogic principles of development of personal freedom of university students: a principles of democratization and principles of freedom. A nature and historic development of these principles are investigated. Factors influencing on democratization and freedom of educational process are described.
Ключевые слова / Keywords:
personal freedom, democratization, freedom.
EDUCATION ABROADАннотация / Annotation:
The article covers basic pedagogic principles of development of personal freedom of university students: a principles of democratization and principles of freedom. A nature and historic development of these principles are investigated. Factors influencing on democratization and freedom of educational process are described.
Ключевые слова / Keywords:
personal freedom, democratization, freedom.
SHKUNOV V.N.
Shkunov V.N. – Senior Researcher of Povolzhskiy Branch of the Institute of Russian History of the Russian Academy of Sciences, Doctor of History, Doctor of Pedagogy
State and Legal Regulation of Access to Professional Education and Social Tracks of Indian Society
Страницы / Pages: 85-92
Аннотация / Annotation:
National system of professional education in India is one of the largest in the world. Its achievements are serious: Indian specialists in fields of IT, pharmacy, medicine, biochemistry are one of the best. But access to professional education in India is limited for poor people. Mechanisms of state and legal regulation of access to professional education for representatives of registered castes, registered tribes and other groups of people from poor, which are the quarter of total population of India, are considered in the article.
Ключевые слова / Keywords:
India, registered castes, registered tribes, professional education, constitutional guarantees, state and legal regulation.
NIKOLAEV B.V. Аннотация / Annotation:
National system of professional education in India is one of the largest in the world. Its achievements are serious: Indian specialists in fields of IT, pharmacy, medicine, biochemistry are one of the best. But access to professional education in India is limited for poor people. Mechanisms of state and legal regulation of access to professional education for representatives of registered castes, registered tribes and other groups of people from poor, which are the quarter of total population of India, are considered in the article.
Ключевые слова / Keywords:
India, registered castes, registered tribes, professional education, constitutional guarantees, state and legal regulation.
Nikolaev B.V. – Associate Professor of the Department of Theory of Law and State and legal Disciplines of Penza State Pedagogic University, PhD in History, Associate Professor
Constitutional and Legal Support of Race Equality within the System of Higher Education in the USA: Brown’s Doctrine
Страницы / Pages: 93-101
Аннотация / Annotation:
Practice of the Supreme Court of the USA on cases of fighting against race discrimination and segregation within the system of higher education is analyzed in the article; great attention is paid to Brown’s Doctrine, which became a fundament of judgments and legislative fighting against race discrimination not only in the system of education, but also in north American public life as a whole.
Ключевые слова / Keywords:
higher education in the USA, the Supreme Court of the USA, fighting against race discrimination.
DISCUSSING THE PROBLEMАннотация / Annotation:
Practice of the Supreme Court of the USA on cases of fighting against race discrimination and segregation within the system of higher education is analyzed in the article; great attention is paid to Brown’s Doctrine, which became a fundament of judgments and legislative fighting against race discrimination not only in the system of education, but also in north American public life as a whole.
Ключевые слова / Keywords:
higher education in the USA, the Supreme Court of the USA, fighting against race discrimination.
MIRONOV O.O.
Mironov O.O. – Professor of the Department of State and legal Disciplines of MUH, Doctor of Law
Parliament Control is a Function of the Federal Assembly of Russia
Страницы / Pages: 102-111
Аннотация / Annotation:
The article covers consideration of a function of parliament control of the Federal Assembly of the Russian Federation and its chambers. It is implemented in their competence fixed in the Constitution of the Russian Federation 1993, though this term is not used there. The article includes a general characteristic of a draft of the federal law ‘Parliament Control in the Russian Federation’, which was prepared together with the author of the article.
Ключевые слова / Keywords:
parliament control, targets, subjects, objects, forms of control, commissions of parliament control.
VANEEV O.N. Аннотация / Annotation:
The article covers consideration of a function of parliament control of the Federal Assembly of the Russian Federation and its chambers. It is implemented in their competence fixed in the Constitution of the Russian Federation 1993, though this term is not used there. The article includes a general characteristic of a draft of the federal law ‘Parliament Control in the Russian Federation’, which was prepared together with the author of the article.
Ключевые слова / Keywords:
parliament control, targets, subjects, objects, forms of control, commissions of parliament control.
Vaneev O.N. – Advisor of the Expert and Legal Administration of the Legislative Assembly of Krasnoyarsk Region, PhD in Law
MENDELEEV O.G. Mendeleev O.G. – Advisor of the Expert and Legal Administration of the Legislative Assembly of Krasnoyarsk Region
Reformation of State (Municipal) Institutions
Страницы / Pages: 112-118
Аннотация / Annotation:
Application and enactment of the Federal Law No. 83-FZ ‘Amendments in Legislative Acts of the Russian Federation related to Improvement of Legal Status of State (Municipal) Institutions’ dated May 8, 2010 is followed by reformation of state (municipal) institutions. It is focused on increasing effectiveness of providing state and municipal services in case of saving the budget through creation conditions and stimulus for reduction of internal costs of these institutions and attraction of non-budgetary sources of financing. The analysis of amendments in a legal status of an institution is given in the article.
Ключевые слова / Keywords:
a reform, budget network, legal status of institutions, types of institutions.
IBRAGIMOV K.KH. Аннотация / Annotation:
Application and enactment of the Federal Law No. 83-FZ ‘Amendments in Legislative Acts of the Russian Federation related to Improvement of Legal Status of State (Municipal) Institutions’ dated May 8, 2010 is followed by reformation of state (municipal) institutions. It is focused on increasing effectiveness of providing state and municipal services in case of saving the budget through creation conditions and stimulus for reduction of internal costs of these institutions and attraction of non-budgetary sources of financing. The analysis of amendments in a legal status of an institution is given in the article.
Ключевые слова / Keywords:
a reform, budget network, legal status of institutions, types of institutions.
Ibragimov K.Kh. – Doctoral Student of Legal Academy of the Ministry of Justice of Russia, Doctor of Agricultural Sciences, PhD in Law, Professor
Motivation of Ecologically Important Solutions as an Actual Task of Modernity
Страницы / Pages: 119-124
Аннотация / Annotation:
Necessity of support by motivation of any ecologically important solution made by state or local authorities is reasoned in the article. It is shown that in conditions of global climate changing a role of state administration increases, because it should mobilize forces, means, factors, and tendencies of state and public activity for support of normal life based on strict observance of laws and regime of ecological and other forms of legal order.
Ключевые слова / Keywords:
a state, ecological law, motivation, global climate changing, a zone of survival, access to information.
GURIYANOV K.V. Аннотация / Annotation:
Necessity of support by motivation of any ecologically important solution made by state or local authorities is reasoned in the article. It is shown that in conditions of global climate changing a role of state administration increases, because it should mobilize forces, means, factors, and tendencies of state and public activity for support of normal life based on strict observance of laws and regime of ecological and other forms of legal order.
Ключевые слова / Keywords:
a state, ecological law, motivation, global climate changing, a zone of survival, access to information.
Guriyanov K.V. – Doctoral Student of the Faculty of Training of Scientific and Pedagogic Staff of the Federal State Educational Institution for Higher Professional Education ‘Saratov Juridical Institute of the Ministry of Internal Affairs of Russia’, PhD in Technical Sciences, Associate Professor
Organization of Countermeasures of dissemination of computer pirate goods
Страницы / Pages: 125-132
Аннотация / Annotation:
A process of development of countermeasures of dissemination of computer pirate goods should include not only methods used by producers and resellers, but also usual customers’ opinion. In determination of strategic ways of activity of law enforcement agencies in organization of countermeasures for production and circulation of computer goods is reasoned a necessity to take into account customers’ opinion about a process of production and dissemination of computer pirate goods and purchasing power of population.
Ключевые слова / Keywords:
organization of law enforcement activity, computer pirate goods, economic security.
KRASINSKIY V.V. Аннотация / Annotation:
A process of development of countermeasures of dissemination of computer pirate goods should include not only methods used by producers and resellers, but also usual customers’ opinion. In determination of strategic ways of activity of law enforcement agencies in organization of countermeasures for production and circulation of computer goods is reasoned a necessity to take into account customers’ opinion about a process of production and dissemination of computer pirate goods and purchasing power of population.
Ключевые слова / Keywords:
organization of law enforcement activity, computer pirate goods, economic security.
Krasinskiy V.V. – Expert of Russian Public Institute for Elective Right, PhD in Law
Fighting against Extremism in Elective Process
Страницы / Pages: 133-144
Аннотация / Annotation:
Legislative fundamentals and legal practice of fighting against extremism during organization and elections in Russia are considered in the article.
Ключевые слова / Keywords:
extremism, elective process, elective campaign, elections, refusal to register an applicant, abandonment of an applicant, un-registration of an applicant, cancellation of registration of an applicant, prohibition of an extremist organization.
TROFIMOV V.V. Аннотация / Annotation:
Legislative fundamentals and legal practice of fighting against extremism during organization and elections in Russia are considered in the article.
Ключевые слова / Keywords:
extremism, elective process, elective campaign, elections, refusal to register an applicant, abandonment of an applicant, un-registration of an applicant, cancellation of registration of an applicant, prohibition of an extremist organization.
Trofimov V.V. – Associate Professor of the Department of history of State and Law of Tambov State University in the name of G.R. Derzhavin, PhD in Law, Associate Professor
Social and Legal Interaction as a Process of Reproduction of Legal Norms: Theoretical and Sociological Aspect
Страницы / Pages: 145-154
Аннотация / Annotation:
A phenomenon of interaction of individuals as a social environment of reproduction of legal norms is investigated in the article. Contents of functional relation between elements of a system of social and legal interaction are shown. Representation of a mechanism of arising of legal norms as means of social control inside functioning social systems is given.
Ключевые слова / Keywords:
law, formation of law, legal life, a norm, interaction, individuals, social systems.
PAGES OF HISTORYАннотация / Annotation:
A phenomenon of interaction of individuals as a social environment of reproduction of legal norms is investigated in the article. Contents of functional relation between elements of a system of social and legal interaction are shown. Representation of a mechanism of arising of legal norms as means of social control inside functioning social systems is given.
Ключевые слова / Keywords:
law, formation of law, legal life, a norm, interaction, individuals, social systems.
NIKOLAEVA I.V.
Nikolaeva I.V. – Applicant for the Department of Human and Social and Economic Disciplines of Khabarovsk Border Institute of the Federal Security Service of Russia
Development of contents of a target for education by russian teachers at the turn of 20TH century
Страницы / Pages: 155-161
Аннотация / Annotation:
Issues related to development of contents of a target of education by teachers in Russia are considered in the article. The author reasons interaction between concepts ‘education’ and ‘training’, targets o education and a pedagogic ideal. Showing a target of education the author takes in to account its components.
Ключевые слова / Keywords:
education, training, a target, an ideal, a personality.
ALEKSEEV V.I. Аннотация / Annotation:
Issues related to development of contents of a target of education by teachers in Russia are considered in the article. The author reasons interaction between concepts ‘education’ and ‘training’, targets o education and a pedagogic ideal. Showing a target of education the author takes in to account its components.
Ключевые слова / Keywords:
education, training, a target, an ideal, a personality.
Alekseev V.I. – Associate Professor of the Department for Theory and History of State and Law of Tyumen State University, PhD in History
Reparole of Prisoners in Russian and Foreign Prison Systems (1909-1917 years)
Страницы / Pages: 162-169
Аннотация / Annotation:
Aspects of penal and pedagogic activity are shown in the article; conditions of development of lawful behavior and achievement of the goal of reparole of prisoners are represented.
Ключевые слова / Keywords:
execution of a sentence, awards and encouragement, foreign experience, statistics of reparole.
METHODICAL MATERIALSАннотация / Annotation:
Aspects of penal and pedagogic activity are shown in the article; conditions of development of lawful behavior and achievement of the goal of reparole of prisoners are represented.
Ключевые слова / Keywords:
execution of a sentence, awards and encouragement, foreign experience, statistics of reparole.
VETYUTNEV YU.YU.
Vetyutnev Yu.Yu. – Senior Researcher of the SRI of Public and Human Sciences of Volgograd Academy of the State Service, PhD in Law
Legal Reality (Model Lecture on Philosophy of Law)
Страницы / Pages: 170-180
Аннотация / Annotation:
The article covers basic traits of legal reality. Its determinants are a text, written character, and formalism. Basic aspects of legal form such as language, documental, procedural and visual one are considered.
Ключевые слова / Keywords:
law, reality, a text, a form, a language, a document, a procedure, an image.
Аннотация / Annotation:
The article covers basic traits of legal reality. Its determinants are a text, written character, and formalism. Basic aspects of legal form such as language, documental, procedural and visual one are considered.
Ключевые слова / Keywords:
law, reality, a text, a form, a language, a document, a procedure, an image.