Право и образование
№ 10 • 2012
EDUCATION AND LAW
KARPENKO M.P. Karpenko M.P. – Doctor in Technical Sciences, Professor, President of NACHOU VPO MUH
FOKINA V.N. Fokina V.N. – PhD in Sociology, Associate Professor, Pro-Rector of NACHOU VPO MUH
SLIVA A.V. Sliva A.V. – PhD in Technical Sciences, Senior staff scientist of NACHOU VPO MUH
On the licensing requirements to universities implementing educational programs of higher education using e-learning, distance educational technologies
Страницы / Pages: 4-13
Аннотация / Annotation:
The article deals with the problem of changes in licensing requirements for higher education institutions, in connection with the legitimization of e-learning and distance educational technologies. Shown that these technologies are the appropriate response of society to the quick changes that characterize the current stage of civilization development. Identified the main terms and parameters that must be the base of new licensing requirements for higher education institutions to meet modern educational technologies.
Ключевые слова / Keywords:
higher education, licensing requirements, e-learning, distance educational technology, the mission and the paradigm of higher education, individualization of learning, polylingual, multiculturalism, educational content, the integrated digital library, online resources freely available, educational computer programs and systems, automated knowledge control, protection of information.
Аннотация / Annotation:
The article deals with the problem of changes in licensing requirements for higher education institutions, in connection with the legitimization of e-learning and distance educational technologies. Shown that these technologies are the appropriate response of society to the quick changes that characterize the current stage of civilization development. Identified the main terms and parameters that must be the base of new licensing requirements for higher education institutions to meet modern educational technologies.
Ключевые слова / Keywords:
higher education, licensing requirements, e-learning, distance educational technology, the mission and the paradigm of higher education, individualization of learning, polylingual, multiculturalism, educational content, the integrated digital library, online resources freely available, educational computer programs and systems, automated knowledge control, protection of information.
DORSKAYA A.A. Dorskaya A.A. – Head of the Department of International Law of the Russian State Pedagogic University in the name of A.I.Herzen, Doctor of Law, Associate Professor
Development of Innovative Dimension in Russia and University Partcipation: Legal Dimension
Страницы / Pages: 14-27
Аннотация / Annotation:
The article covers an analysis of juridical contents of concepts ‘innovation’ and ‘innovative activity’. Transfer from economic consideration of an innovative process to a legal one is shown. Main statements of the Russian legislation regulating innovative activity are represented. A role of universities in innovative process and necessity of its further legal content development is explained.
Ключевые слова / Keywords:
innovations, innovative activity, an innovative university, legal and regulatory statements.
Аннотация / Annotation:
The article covers an analysis of juridical contents of concepts ‘innovation’ and ‘innovative activity’. Transfer from economic consideration of an innovative process to a legal one is shown. Main statements of the Russian legislation regulating innovative activity are represented. A role of universities in innovative process and necessity of its further legal content development is explained.
Ключевые слова / Keywords:
innovations, innovative activity, an innovative university, legal and regulatory statements.
YAGOFAROV D.A. Yagofarov D.A. – Associate Professor of the Department for Theory of State and Law of Ural State Legal Academy, PhD in Law, Associate Professor
Theses of Culture of Modern Education
Страницы / Pages: 28-34
Аннотация / Annotation:
Some aspects of modern education especially from the point of view of its cultural charecteristics are analyzed in the article. In particular there is position in accordance to one of the most important components of culture of education; its ethic and legal component is reasoned.
Ключевые слова / Keywords:
education, culture, confidence in an educational process, methods of education, educational legal regulation, an educational cluster.
Аннотация / Annotation:
Some aspects of modern education especially from the point of view of its cultural charecteristics are analyzed in the article. In particular there is position in accordance to one of the most important components of culture of education; its ethic and legal component is reasoned.
Ключевые слова / Keywords:
education, culture, confidence in an educational process, methods of education, educational legal regulation, an educational cluster.
CHERNYKH M.V. Chernykh M.V. – Senior Teacher of the Department of Labor Law and Law of Social Support of Moscow State Juridical Academy in the name of O.E.Kutafin, PhD in Law
Part-Time Work of a Rector
Страницы / Pages: 35-44
Аннотация / Annotation:
The article covers investigating an issue of part-time work of a rector of a state university and an ability to combine rector’s responsibilities with other activities inside or outside an educational institution. Legal regulations of the Labor Code of the Russian Federation and the Law of the Russian Federation dated July 10, 1992, No.3266-1 ‘Of Education’ containing specifics of legal regulation of labor for authorities of educational institutions of higher profesional education are represented.
Ключевые слова / Keywords:
a rector of state university, part-time work, combination, specifics of regulation of labor of a director of an enterprise, a founder of a state university.
Аннотация / Annotation:
The article covers investigating an issue of part-time work of a rector of a state university and an ability to combine rector’s responsibilities with other activities inside or outside an educational institution. Legal regulations of the Labor Code of the Russian Federation and the Law of the Russian Federation dated July 10, 1992, No.3266-1 ‘Of Education’ containing specifics of legal regulation of labor for authorities of educational institutions of higher profesional education are represented.
Ключевые слова / Keywords:
a rector of state university, part-time work, combination, specifics of regulation of labor of a director of an enterprise, a founder of a state university.
SHUBINA I.V. Shubina I.V. – Associate Professor of the Department of Pedagogy of Moscow State University for Economics, Statistics and Computer Engineering, PhD in Pedagogy, Associate Professor
An Activity Approach as a Pedagogic Technology of Development of a Specialist for Higher Shcool
Страницы / Pages: 45-50
Аннотация / Annotation:
The article covers theoretical consideration of a complex of methodological approaches forming an activity approach to development specialists at a university through representing a concept ‘activity’ in psychology and pedagogy.
Ключевые слова / Keywords:
activity, a subject, an activity approach, a pedagogic technology.
Аннотация / Annotation:
The article covers theoretical consideration of a complex of methodological approaches forming an activity approach to development specialists at a university through representing a concept ‘activity’ in psychology and pedagogy.
Ключевые слова / Keywords:
activity, a subject, an activity approach, a pedagogic technology.
LEVKOVSKAYA N.G. Levkovskaya N.G. – Deputy Director on Education of the Special College No.7, Volgograd-city, PhD in Pedagogy
Primary School as an Agent of Initial Legal Socialization
Страницы / Pages: 51-59
Аннотация / Annotation:
A role of modern primary school as an agent of legal socialization is described in the article. The author represents a model of a graduate of a primary school within the context of problems of initial socialization. It is concluded that in social and cultural dimension of a primary school there is fixation of orientation on emotional and axiological component of its public and legal action in consciousness of a child.
Ключевые слова / Keywords:
legal socialization, a primary school, legal education, consciousness, legal culture, a primary school child.
Аннотация / Annotation:
A role of modern primary school as an agent of legal socialization is described in the article. The author represents a model of a graduate of a primary school within the context of problems of initial socialization. It is concluded that in social and cultural dimension of a primary school there is fixation of orientation on emotional and axiological component of its public and legal action in consciousness of a child.
Ключевые слова / Keywords:
legal socialization, a primary school, legal education, consciousness, legal culture, a primary school child.
IVANOVA ZH.B. Ivanova Zh.B. – Associate Professor of Civil Law and Procedures of Komi Republic Academy of State Service and Administration, PhD in Law
Innovative Technologies of Teaching a Discipline ‘Protection of Customers’ Rights’ in Conditions of FGOS
Страницы / Pages: 60-70
Аннотация / Annotation:
Investigating a legislation of the Russian Federation in a field of customers’ market is necesary element for every citizen wishing implement and protect his/her rights and interests. A process of teaching a course ‘Customers’ Rights Protection’ combining a theory and practice is shown in the article.
Ключевые слова / Keywords:
a student, customers’ rights protection, a creative approach.
DISCUSSING A PROBLEMАннотация / Annotation:
Investigating a legislation of the Russian Federation in a field of customers’ market is necesary element for every citizen wishing implement and protect his/her rights and interests. A process of teaching a course ‘Customers’ Rights Protection’ combining a theory and practice is shown in the article.
Ключевые слова / Keywords:
a student, customers’ rights protection, a creative approach.
SAZONOV V.E. Sazonov V.E. – Chair of the Chamber of Lawyers ‘Sazonov, Markin and Co’, Member of the Expert Council of teh Committee of the State Duma on Property Issues, PhD in Law
Specifics of Legal Support and Implementation of State and Private Partnership in Switzerland
Страницы / Pages: 71-79
Аннотация / Annotation:
The article covers research of special legal support and implementation of state and private partnership in Switzerland. Legal statements on federal and canton levels regulating the specified issues are investigated. Problems and challenges of development of the legislation of state and private partnership in Switzerland are shown.
Ключевые слова / Keywords:
state and private partnership, state management, public interests.
Аннотация / Annotation:
The article covers research of special legal support and implementation of state and private partnership in Switzerland. Legal statements on federal and canton levels regulating the specified issues are investigated. Problems and challenges of development of the legislation of state and private partnership in Switzerland are shown.
Ключевые слова / Keywords:
state and private partnership, state management, public interests.
GOLIKOV V.D. Golikov V.D. – Professor of the Department of Management and Marketing of Ufa State Aviation Technical University, Doctor of Sociology
KOLESNIKOV V.A. Kolesnikov V.A. – Associate Professor of Management in OVD of Ufa Juridical Institute of the Ministry of Internal Affairs of Russia, PhD in Sociology
AMIROV A.R. Amirov A.R. – Associate Professor of the Department of Management in OVD of Ufa Juridical Institute of the Ministry for Internal Affairs of Russia, PhD in Technical Sciences, Associate Professor
A Process and Structure of a Special Sociological Research
Страницы / Pages: 80-95
Аннотация / Annotation:
The article covers a problem of conducting sociological research on work of OVD staff with populaiton. Using various purposes and tasks of developing socioloical hypotheses we can show theoretical methods of conducting researches on development main stages of preparing and sociological questionnaires of interaction, communication, initial information getting and processing.
Ключевые слова / Keywords:
sociology, a theory, information, interaction, researches, a questionnaire, an analysis.
Аннотация / Annotation:
The article covers a problem of conducting sociological research on work of OVD staff with populaiton. Using various purposes and tasks of developing socioloical hypotheses we can show theoretical methods of conducting researches on development main stages of preparing and sociological questionnaires of interaction, communication, initial information getting and processing.
Ключевые слова / Keywords:
sociology, a theory, information, interaction, researches, a questionnaire, an analysis.
IBRAGIMOV K.KH. Ibragimov K.Kh. – Doctoral Studies of the Russian Legal Academy of the Ministry of Justice of Russia, Doctor of Agricultural Sciences, PhD in Law, Professor
LEGAL REGULATION OF AN AGRICULTURAL SPHERE OF RUSSIA IN CONDITIONS OF A TRANSFER OF A SOCIETY INTO A STATE OF STRESSED SURVIVAL
Страницы / Pages: 96-102
Аннотация / Annotation:
Administrative and legal problems of development of an agricultural complex of Russia within the context of transfer of a society in a period of stressed survival are considered in the article. Some theoretical aspects of a society of stressed survival are shown. Main reasons of necessity of an agricultural sphere in conditions of global climate changes are set. Special administrative and legal measures for overcoming a crisis in agricultural production of a country.
Ключевые слова / Keywords:
an agricultural sphere, a society of stressed survival, global climate changes, escalation of disasters, risk style of thinking, administrative and legal measures of development of agriculture.
Аннотация / Annotation:
Administrative and legal problems of development of an agricultural complex of Russia within the context of transfer of a society in a period of stressed survival are considered in the article. Some theoretical aspects of a society of stressed survival are shown. Main reasons of necessity of an agricultural sphere in conditions of global climate changes are set. Special administrative and legal measures for overcoming a crisis in agricultural production of a country.
Ключевые слова / Keywords:
an agricultural sphere, a society of stressed survival, global climate changes, escalation of disasters, risk style of thinking, administrative and legal measures of development of agriculture.
NURIEV G.KH. Nuriev G.Kh. – Associate Professor of the Department of Constitutional and Municipal Law of the Russian State Commerce and Economic University, PhD in Law
Inquisitionism and Optionality of Constitutional Proceedings in European States
Страницы / Pages: 103-112
Аннотация / Annotation:
The author describes some authorities of a constitutional court showing inquisitional but not optional character of constitutional proceedings. The exisitng legislation, court practice and views of legal scientists on these problems in such states as Germany, Italy, Spain, and France are analyzed.
Ключевые слова / Keywords:
an inquisition character, an optional character, a European model of constitutional proceedings, classical proceedings, a constitutional court, a general court, public interst, authorities of a contitutional court, procedures of proceedings, a subject of proceedings.
PAGES OF HISTORYАннотация / Annotation:
The author describes some authorities of a constitutional court showing inquisitional but not optional character of constitutional proceedings. The exisitng legislation, court practice and views of legal scientists on these problems in such states as Germany, Italy, Spain, and France are analyzed.
Ключевые слова / Keywords:
an inquisition character, an optional character, a European model of constitutional proceedings, classical proceedings, a constitutional court, a general court, public interst, authorities of a contitutional court, procedures of proceedings, a subject of proceedings.
DAN’SHIN A.V. Dan’shin A.V. – Head of the Department for Theory and History of State and Law of Kemerovo Institute (Branch) of the Russian State Commerce and Economic University, PhD in Law, Associate Professor
A Unified State Examination within a Recruiting System for State Service in Traditional China
Страницы / Pages: 113-125
Аннотация / Annotation:
A unified state examination as one sources of reproducing state employees in traditional China is considered in the article. Also the author supposes that for the majority of participants of examination there was no purpose of state servicing but getting a scienitific degree, and it makes them cultural and political elite of Chinese society.
Ключевые слова / Keywords:
traditional China, state examination, scientific degrees, officials, social mobility, ‘chenshi’.
Аннотация / Annotation:
A unified state examination as one sources of reproducing state employees in traditional China is considered in the article. Also the author supposes that for the majority of participants of examination there was no purpose of state servicing but getting a scienitific degree, and it makes them cultural and political elite of Chinese society.
Ключевые слова / Keywords:
traditional China, state examination, scientific degrees, officials, social mobility, ‘chenshi’.
ZAVRAZHIN A.V. Zavrazhin A.V. – Head of the Department of Philosophy and Humane Sciences of Moscow State University for Economics, Statistics and Computer Engineering, Doctor of History, Professor
OZMANYAN A.T. Ozmanyan A.T. – Postgraduate Student of the Department of History of Russian Economic University in the name of G.V. Plekhanov
SPECIFICS OF DEVELOPMENT OF POLITICAL VIEWS ON A SOCIETY AND NATIONAL POLICY IN THE RUSSIAN EMPIRE (THE SECOND HALF OF 19TH CENTURY)
Страницы / Pages: 126-137
Аннотация / Annotation:
Specifics of development of political views on a society by using a variety of sources, and an analysis of national policy of the Russian Empire conducted on national borders in the second half of 19th century are represented. Special differences between an empire and a colonial state are shown; special traits of Russia as an empire and factors determining a status of border regions as its integral part are described.
Ключевые слова / Keywords:
national policy, empire, the Russian empire, a colonial state, a national border.
Аннотация / Annotation:
Specifics of development of political views on a society by using a variety of sources, and an analysis of national policy of the Russian Empire conducted on national borders in the second half of 19th century are represented. Special differences between an empire and a colonial state are shown; special traits of Russia as an empire and factors determining a status of border regions as its integral part are described.
Ключевые слова / Keywords:
national policy, empire, the Russian empire, a colonial state, a national border.
KULESHOV R.V. Kuleshov R.V. – Senior Researcher of FGKU ‘VSRI of the Ministry for Internal Affairs of Russia’ PhD in Law
Organization of Liquidation of Contra-Revolutionary Forced Actions in Cities (First Years of the Soviet Union)
Страницы / Pages: 138-143
Аннотация / Annotation:
The article covers investigating experience of organization of contra-revolutionary forced actions in cities in first years of exisitance of the Soviet Union. A character of the forced action, participants, and tactics are investigated; work of law-enforced agencies involved into liquidation of criminal groups and main orgnizational specifics of their activity are analyzed.
Ключевые слова / Keywords:
banditism, contradiction, contra-revolutionary forced actions, OGPU forces.
Аннотация / Annotation:
The article covers investigating experience of organization of contra-revolutionary forced actions in cities in first years of exisitance of the Soviet Union. A character of the forced action, participants, and tactics are investigated; work of law-enforced agencies involved into liquidation of criminal groups and main orgnizational specifics of their activity are analyzed.
Ключевые слова / Keywords:
banditism, contradiction, contra-revolutionary forced actions, OGPU forces.
PLOTSKAYA O.A. Plotskaya O.A. – Associate Professor of the Department of Theory and History of Juridical Faculty of Syktyvkar State University, PhD in Law
THE ADOPTED RULE-MAKING OF THE PRESIDIUM OF THE SUPREME COUNCIL OF KOMI ASSR DURING THE WORLD WAR II
Страницы / Pages: 144-152
Аннотация / Annotation:
The legal acts by the Presidium of the Supreme Council of Komi ASSR during the World War II are described. Types, a structure, analysis of content, specifics of lexical set of a language of legal acts by the Presidium of the Supreme Council of Komi ASSR are represented. Great attention is paid to specifics of legal acts produced by the Presidium of the Supreme Council of Komi ASSR, their legal force and a place within the system of legal acts of Komi ASSR.
Ключевые слова / Keywords:
Komi ASSR, hierarchy of legal acts, nonfixiform acts, edicts of the Presidium of the Supreme Council of Komi ASSR, The Constitution of Komi ASSR of 1937, The Supreme Council of Komi ASSR, The Presidium of the Supreme Council of Komi ASSR.
Аннотация / Annotation:
The legal acts by the Presidium of the Supreme Council of Komi ASSR during the World War II are described. Types, a structure, analysis of content, specifics of lexical set of a language of legal acts by the Presidium of the Supreme Council of Komi ASSR are represented. Great attention is paid to specifics of legal acts produced by the Presidium of the Supreme Council of Komi ASSR, their legal force and a place within the system of legal acts of Komi ASSR.
Ключевые слова / Keywords:
Komi ASSR, hierarchy of legal acts, nonfixiform acts, edicts of the Presidium of the Supreme Council of Komi ASSR, The Constitution of Komi ASSR of 1937, The Supreme Council of Komi ASSR, The Presidium of the Supreme Council of Komi ASSR.
MATYUSHCHENKO V.S. Matyushchenko V.S. – Associate Professor of the Department of Humane Sciences of Amur State Medical Academy, PhD in Philosophy
PUSHKAREV V.A. Pushkarev V.A. – Assistant of the Department of Humane Sciences of Amur State Medical Academy
Legal Status of Local Social and Cultural Groups in Priamurie in 20-30ies of 20th centuries (Old Traditions of Kazaks)
Страницы / Pages: 153-162
Аннотация / Annotation:
The article covers problems of legal status of social and local groups as carriers of traditional Russian culture especially as Amur kazaks within the structure of a Soviet society and their interrelations with power authorities of Priamurie in 20-30ies of 20th century.
Ключевые слова / Keywords:
old traditions, kazaks, collectivization, dekulakization, repressions, legal status.
SCIENTIFIC DEBUTАннотация / Annotation:
The article covers problems of legal status of social and local groups as carriers of traditional Russian culture especially as Amur kazaks within the structure of a Soviet society and their interrelations with power authorities of Priamurie in 20-30ies of 20th century.
Ключевые слова / Keywords:
old traditions, kazaks, collectivization, dekulakization, repressions, legal status.
KHRANOVSKIY I.V. Khranovskiy I.V. – Postgraduate Student of Moscow New Juridical Institute
AN ISSUE OF EMPLOYMENT
Страницы / Pages: 163-169
Аннотация / Annotation:
An issue of a concept of employment as a social-economic and legal category is investigated in the article. Some points of view and approaches used for description of employement are analyzed. An existing legislation in a field of employment is shown; and amendments based on scientific developments are described.
Ключевые слова / Keywords:
employment of population, employed, public relations, labor and other forms of activity.
Аннотация / Annotation:
An issue of a concept of employment as a social-economic and legal category is investigated in the article. Some points of view and approaches used for description of employement are analyzed. An existing legislation in a field of employment is shown; and amendments based on scientific developments are described.
Ключевые слова / Keywords:
employment of population, employed, public relations, labor and other forms of activity.
POPANDOPULO O.A. Popandopulo O.A. – Assistant of the Department for Social Work and Pedagogy of Volgograd State University
A Role of Legal Socialization in a Process of Development of a Personal Identity
Страницы / Pages: 170-176
Аннотация / Annotation:
A role of legal socialization in a process of development of personal identity is considered in the article. It is theoretically proved that mechanisms of legal socialization adapting a human reflecting and transforming his/her internal impulses received from outside and requirements within a public system influence on a process of personal identifying.
Ключевые слова / Keywords:
legal socialization, personal identity, legal consciousness, a legal person.
Аннотация / Annotation:
A role of legal socialization in a process of development of personal identity is considered in the article. It is theoretically proved that mechanisms of legal socialization adapting a human reflecting and transforming his/her internal impulses received from outside and requirements within a public system influence on a process of personal identifying.
Ключевые слова / Keywords:
legal socialization, personal identity, legal consciousness, a legal person.
PROKOFIEVA N.P. Prokofieva N.P. – Applicant of Ulyanovsk State Pedagogic University in the name of I.N. Ulyanova
Specifics of Cattle Breeding in Cattle Farms of the Russian Empire in 1900-1914 years (In Simberian District)
Страницы / Pages: 177-180
Аннотация / Annotation:
The results of an analysis of state of cattle breeding in cattle farms of the Simberian District from 1900 to 1914 conducted by the author for her dissertation is represented in the article. Main tendencies of development of a problem are shown.
Ключевые слова / Keywords:
cattle breeding, cattle farming, field farming, livestock number.
REVIEWSАннотация / Annotation:
The results of an analysis of state of cattle breeding in cattle farms of the Simberian District from 1900 to 1914 conducted by the author for her dissertation is represented in the article. Main tendencies of development of a problem are shown.
Ключевые слова / Keywords:
cattle breeding, cattle farming, field farming, livestock number.
BOGATYREV A.G. Bogatyrev A.G. – Professor of the Department of Financial Law of the Financial University under the President of the Russian Federation, Professor, Doctor of Law
Problems and Challenges of International Institutions in Protection of Human Rights and Freedoms
Страницы / Pages: 181-183
Аннотация / Annotation:
The article is a review of a scientific monograph by A.I.Ponkina ‘European Court for Human Rights: Value and Challenges’.
Ключевые слова / Keywords:
human rights and freedoms of a citizen, European Convention of Protection of human rights and freedoms, European Court of human rights, Interamerican court on human rights, American Convention of human rights, human rights protection, court activism.
Аннотация / Annotation:
The article is a review of a scientific monograph by A.I.Ponkina ‘European Court for Human Rights: Value and Challenges’.
Ключевые слова / Keywords:
human rights and freedoms of a citizen, European Convention of Protection of human rights and freedoms, European Court of human rights, Interamerican court on human rights, American Convention of human rights, human rights protection, court activism.