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Право и образование

№ 10 • 2011

AN EDUCATIONAL LAW

KOTLYAROVA I.O.
Kotlyarova I.O. – Head of the Department of Pedagogy of Professional Education YuUr State University, Doctor of Pedagogy, Professor
MAYOROV V.I.
Mayorov V.I. – Vice-Rector on Educational Work YuUr State University, Doctor of Law, Professor

Development of a Fundmanetal Educational Program

Страницы / Pages: 4-17

Аннотация / Annotation:
Fundamentals for developing educational and scientific process of a university and a fundamental educational program, levels of representation of a fundamental educational program, stages of a technology of its development and administrative measures providing an ability of developing an educational and scientific process at a university in accordance with FGOS of the third generation are considered.

Ключевые слова / Keywords:
an educational and scientific process at a university, a fundamental educational program, conceptual, integrated, differentiated, practicing, individually synthesized levels of representation of a fundamental educational program, a corporate program of professional training.

KUROV S.V.
Kurov S.V. – Associate Professor of the Russian Academy of State Economy and State Service under the President of the Russian Federation, Honored Teacher of the Russian Federation

Charecteristics of Legal Protection of Rights and Legal Interests of Subjects in a Sphere of Education

Страницы / Pages: 18-27

Аннотация / Annotation:
The article is prepared within the frameworks of the project ‘Theoretical and Legal Fundamentals of Protection of Rights and Interests of Subjects in a Sphere of Education’ of the Federal Target Program ‘A Scientific and Teaching Staff in Innovative Russia in 2009-2013’. Specifics of legal protection of subjective rights and interests of subjects in a sphere of education are investigated in the article. Functions and principles of protection are shown.

Ключевые слова / Keywords:
legal protection of rights and interests, protection of rights, freedoms and legal interests of subjects of a sphere of education, protection of rights and legal interests of subjects of a sphere of education.

KARPENKO M.P.
Karpenko M.P. – President of the Modern University for the Humanities, Doctor of Technical Sciences, Professor
FOKINA V.N.
Fokina V.N. – Vice-Rector of the Modern University for the Humanities, PhD in Sociology, Associate Professor
LUKYANOVA A.V.
Lukyanova A.V. – Deputy Director of the Department of Quality of Education of the Modern University for the Humanities, PhD in Technical Sciences
SHIROKOVA M.E.
Shirokova M.E. – Director of the Department of Telecommunication Two-Level Library of the Modern University for the Humanities, PhD in Sociology

An Analysis of Frequency Charecteristics of Texts of Education in Russia, Spain and Austria

Страницы / Pages: 28-36

Аннотация / Annotation:
An attempt to analyze main principles of state policy in a sphere of education based on legislation in Russia, Spain and Austria is made in the article through methods of style statistics. A difference between approaches to education as a social event in various countries is shown.

Ключевые слова / Keywords:
education, human, administrative-command, a law, a frequency charecteristic, a usage, a range, a frequency in a million of usages.



DUBROVINA S.YU.
Dubrovina S.Yu. – Associate Professor of the Department of Human and Natural Scientific Disciplines of Balashov Branch of Povolzhskaya Academy of State Service under the President of Russian Federation, PhD in Law

Russian Higher Education: Modern Tendencies and Problems

Страницы / Pages: 37-41

Аннотация / Annotation:
Modern tendencies of Russian higher education, implementation of adopted regulations and related problems are analyzed in the article.

Ключевые слова / Keywords:
an administrative and legal status of a university, an educational process, educational services, an educational system, reforming of higher education, management of education.

PLOTSKAYA O.A.
Plotskaya O.A. – Associate Professor of the Department of Theory and Hostiry of State and Law of the Faculty of Law of GOU VPO Syktyvkar State University, PhD in Law

A Mechanism of Modernization of Teaching of Sources of Law in Lectures in Conditions of Implementation of FGOS

Страницы / Pages: 42-46

Аннотация / Annotation:
The article covers a problem of application of non-traditional forms of teaching focused on improvement of an educational process in conditions of implementation of FGOS. Some innovative technologies of teaching of sourcses of law in lectures are represented. Great attention is paid to methods of application of active and interactive forms of lectures’ giving.

Ключевые слова / Keywords:
non-traditional forms of education, innovative technologies of teaching, sources of law, FGOS.

SHIBANOVA E.K.
Shibanova E.K. – Deputy Director of the Department of History and Philosophy of Chelyabinsk Institute of Ural Academy of State Service, PhD in Pedagogy, Associate Professor

Homo consumens as ‘a personal market’ in training of future jurists

Страницы / Pages: 47-56

Аннотация / Annotation:
Specifics of training of a future jurist in conditions of market economy and social focus on homo consumens are described in the article. Special arguments in a benefit of a competence approach in training of future jurists stimlates refusal from common values and breaking a legal balance in a society.

Ключевые слова / Keywords:
homo consumens, personal market, a competence, values.

A THEORY OF LAW

GULYAIKHIN V.N.
Gulyaikhin V.N. – Head of the Department of Social Work and Pedagogy of Volgograd State University, PhD, Associate Professor
SHIRO S.V.
Shiro S.V. – Head of the Department of Law of Volgograd State Pedagogic University, PhD in Pedagogy, Associate Professor

A Problem of Derivative Legal Socialization of a Human Being within a Context of Psychoanalysis

Страницы / Pages: 57-68

Аннотация / Annotation:
The article covers derivative legal socialization. Using a methodology of psychoanalysis authors conduct an analysis of a problem of psychosocial evolution of an adult as a subject of law. It is concluded that humanism should be a main principle of socialization of a personality based on his/her values and priorities of natural rights.

Ключевые слова / Keywords:
legal socialization, derivative socialization, legal consciousness, legal culture, a psychosocial crisis, a psychoanalysis, a human being.

KOCHETKOV V.V.
Kochetkov V.V. – Senior Researcher of the Institute for Human Rights RGSU, PhD

Freedom and Justice: An Issue of Constitutional Problems of a Social State

Страницы / Pages: 69-80

Аннотация / Annotation:
Axiological interpretation of constitutionalism existing and proved in Russian literature should by author’s opinion set law-making and law enforcement in the Russian Federation.

Ключевые слова / Keywords:
constitutionalism, a social state, freedom, public and private autonomy, human dignity, social justice.

DISCUSSING A PROBLEM

EFREMOV I.A.
Efremov I.A. – Associate Professor of the Institute for Legal and Economic Security, PhD in Law

Improvement of the Order and Regulations of Considerations of Claims from Citizens Concerning Protection of Human Rights and Freedoms in a Procurator’s Office and a Court

Страницы / Pages: 81-91

Аннотация / Annotation:
The article covers protection of broken human rights and freedoms through procurator’s office and a court. The author analyzes a legislation and practicing in the given sphere and he concludes about effectiveness of the existing legislation in this sphere, especially in low effectiveness of law enforcing practices used in procurator’s offices and courts. The author states that amendments in a legislation should be made and explanations should be given by court authorities.

Ключевые слова / Keywords:
human rights and freedoms of a citizen, procurator’s office, a court, protection of human rights and freedoms, low effectiveness.

FEDOROV A.YU.
Fedorov A.Yu. – Head of the Department of Improvement of OVD Activity, Ural Juridical Institute of the Ministry of Internal Affairs of Russia, PhD in Law

Criminal Appropriation of Property and Management Rights for Economic Agents and Their Assets

Страницы / Pages: 92-103

Аннотация / Annotation:
The article covers a problem of criminal appropriation of property and management rights for economic agents and their assets in Russia. The author gives investigative and legal charecteristics for the given social danger; actual measures of fighting against this danger are described.

Ключевые слова / Keywords:
criminal appropriation of rights, raiding, an economic agent, assets, fighting against danger.

RYABOV S.A.
Ryabov S.A. – Associate Professor of the Department of Management in OVD UYUI of the Ministry of Internal Affairs of Russia, PhD in Law
FATTAKHOV CH.R.
Fattakhov Ch.R. – Teacher of the Department for Constitutional Law of UYUI of the Ministry of Internal Affairs of Russia, PhD in Law

A Public Contract as a Necessary Condition for Effective Modernization of Federative Relation in Russia

Страницы / Pages: 104-108

Аннотация / Annotation:
The article covers consideration of basic issues of development and direction of federative relations in the Russian Federation. Interaction between such concepts as public contract and federalism is shown. Great attention is paid to a priority of interests of a federative center and regions in development and adoption of a public contract by taking into account independence of regions based on legal regulations and a balance of their rights and responsibilities with a federation.

Ключевые слова / Keywords:
federative relations, a public contract, a federation, constituent entities.

SOKHRIN O.S.
Sokhrin O.S. – Associate Professor of the Department of Criminal and Legal Disciplines of Juridical Institute of Moscow State Transportation University

A Concept of Corruption as a Basis of Forensic Processing

Страницы / Pages: 109-118

Аннотация / Annotation:
Great attention is paid to a problem of a concept of corruption as a basis of a forensic processing.

Ключевые слова / Keywords:
corruption, forensic processing, corruptness, an institute of ‘feeding’, a graft, a bribe, a blackmail.

PAGES OF HISTORY

EREMINA T.I.
Eremina T.I. – Associate Professor of the Department for State and Law of RGPU in the name of A.I. Hertzen, PhD in Law, PhD in History

A Right of Civil Servicing and Denomination of Employees of an Educational Department of the Russian Empire: a Ratio and Interdependence

Страницы / Pages: 119-130

Аннотация / Annotation:
The article covers legislative adoption of a ratio between denomination and possibility to be a state employee in a state system of education in the Russian Empire in 19th-the beginning of 20th centuries.

Ключевые слова / Keywords:
a teacher, a law, state civil service, denomination.

STOLYAROVA E.E.
Stolyarova E.E. – Associate Professor the Department of Law of Russian State Professional and Pedagogic University, Yekaterinburg, PhD in Law

Education of Children as an Obligation of Parents in Traditions of a Russian Law

Страницы / Pages: 131-144

Аннотация / Annotation:
The article covers issues of development of juridical responsibilities of parents in a field of education of their children in a Russian law starting from 16th century to the present days. An attempt to consider a policy of the state concerning these responsibilities is made on the basis of an analysis of legislations of various periods of the Russian history.

Ключевые слова / Keywords:
a law, education, juridical responsibilities of parents, a legislation of education of children.

OSIPENKOVA I.V.
Osipenkova I.V. – Applicant of the Department for Human and Social-Economic Disciplines of Khabarovsk Border Institute of the Federal Security Service of Russia

Setting a goal of education by russian teachers at the turn of 19th and 20th centuries

Страницы / Pages: 145-151

Аннотация / Annotation:
Issues concerning development of a problem of setting a goal of education by Russian teachers are considered in the article. The author reasons interaction between concepts ‘education’ ‘studying’ and ‘goals of education’. Solving a problem of setting a goal of education the author takes into account models of a pedagogic process.

Ключевые слова / Keywords:
education, a goal, a personality, a model.

A SCIENTIFIC DEBUT

BARANOVA O.V.
Baranova O.V. – Adjunct of the Department of Theory of State and Law of Moscow University of the Ministry of Internal Affairs of Russia

Multiplicity of Factors of Effect on Development of Law

Страницы / Pages: 152-159

Аннотация / Annotation:
Factors effecting on a process of development of law are considered in the article. The factors are classified as objective and subjective, internal and external; it enlarges a range of investigation of development of law. Great attention is paid to investigation of effecting of ‘knowledge’ as a content charecteristic of a cultural factor.

Ключевые слова / Keywords:
development of law, knowledge, education, objective factors, subjective factors, a civil society.

PONKINA A.A.
Ponkina A.A. – Listener of the Department of State Building and Law of the Russian Academy for National Economy and State Service under the President of the Russian Federation

A Concept ‘Medical Malpractice’ in the Legislation of France

Страницы / Pages: 160-166

Аннотация / Annotation:
The article covers an investigation of a concept ‘medical malpractice’.

Ключевые слова / Keywords:
a medical malpractice, a defect of medical aid, a medical law, health consumer’s rights..

РЕЦЕНЗИИ

AKMALOVA A.A.
Akmalova A.A. – Professor of the Department of State Administration, Legal Support of State and Municipal Service of the Russian Academy for State Service under the President of Russian Federation, Doctor of Law

Systematization of Sport Regulations in Italy

Страницы / Pages: 167-168

Аннотация / Annotation:
The article covers a research of a system of sport regulation in Italy; its is a review of the book of A.A. Soloviev ‘A Model of Systematization of Sport Regulation in Italy’.

Ключевые слова / Keywords:
sport law, systematization of a legislation, a sport code, Italy, sport.