Право и образование
№ 10 • 2014
EDUCATIONAL LAW
MATYUSHEVA T.N. Matyusheva T.N. – Doctor of Law, Associate Professor
International legal standard the status of teachers
Страницы / Pages: 4-12
Аннотация / Annotation:
The article is devoted to international legal standards the status of teachers. The author of the pre-presented on the basis of the analysis of international and regional instruments elements of international standard status of teachers with an understanding of legal globalization as strengthening the legal valuation basic spheres of social reality in the transition to a pluralistic modern civilization Democ-Democracy, which promotes reflection of current issues the teacher’s role in the realization of the constitutional right to education.
Ключевые слова / Keywords:
legal status of teachers, the constitutional right to education, the international legal standard, the implementation of, international law, civil society.
Аннотация / Annotation:
The article is devoted to international legal standards the status of teachers. The author of the pre-presented on the basis of the analysis of international and regional instruments elements of international standard status of teachers with an understanding of legal globalization as strengthening the legal valuation basic spheres of social reality in the transition to a pluralistic modern civilization Democ-Democracy, which promotes reflection of current issues the teacher’s role in the realization of the constitutional right to education.
Ключевые слова / Keywords:
legal status of teachers, the constitutional right to education, the international legal standard, the implementation of, international law, civil society.
KUPERMAN I.A. Kuperman I.A. – candidate of sociological sciences, Modern University for the Humanities, e-mail: ilia@kuperman.ru
SEMENOVA T.U. Semenova T.U. – candidate of sociological sciences, Associate Professor, Modern University for the Humanities, e-mail: rudnev@muh.ru
Formation of a system of mutual recognition of education documents between the European countries
Страницы / Pages: 13-18
Аннотация / Annotation:
This article contains the information on the current state of the process of the formation of a unified system of foreign education documents recognition between the countries of European Union. It outlines the main stages of this process, measures taken in this direction and the results achieved so far, and as well shortly describes the system of recognition for academic purposes and for work in the European countries.
Ключевые слова / Keywords:
recognition of foreign education documents, Bologna process, education in Europe.
Аннотация / Annotation:
This article contains the information on the current state of the process of the formation of a unified system of foreign education documents recognition between the countries of European Union. It outlines the main stages of this process, measures taken in this direction and the results achieved so far, and as well shortly describes the system of recognition for academic purposes and for work in the European countries.
Ключевые слова / Keywords:
recognition of foreign education documents, Bologna process, education in Europe.
NAGAEVA I.A. Nagaeva I.A. – candidate of pedagogical sciences, associate professor
Normative-legal base for using e-learning, distance learning technologies
Страницы / Pages: 19-25
Аннотация / Annotation:
The article analyses the problems of formation and development of national normative-legal base of e-learning, distance educational technologies in higher school. Considered very important questions of creation of the mechanism of legal regulation of e-learning system. Offers solutions to these problems, both on the legislative and technological levels.
Ключевые слова / Keywords:
education law, e-learning, distance education technologies, restrictions on health.
Аннотация / Annotation:
The article analyses the problems of formation and development of national normative-legal base of e-learning, distance educational technologies in higher school. Considered very important questions of creation of the mechanism of legal regulation of e-learning system. Offers solutions to these problems, both on the legislative and technological levels.
Ключевые слова / Keywords:
education law, e-learning, distance education technologies, restrictions on health.
KHABIBOVA N.E. Khabibova N.E. – candidate of philosophical
The normative regulation of anti – drug prevention in the sphere of education
Страницы / Pages: 26-31
Аннотация / Annotation:
The article gives the analysis of the content of the Concept of prevention of substance use in the educational environment (2011) and the previous Concept of prevention of substance abuse in the educational environment (2000) as from the perspective of the goals and objectives of the concepts and preventive activities.
Ключевые слова / Keywords:
narcotic drugs, drug prevention, target prevention, value orientation.
MODERN EDUCATIONАннотация / Annotation:
The article gives the analysis of the content of the Concept of prevention of substance use in the educational environment (2011) and the previous Concept of prevention of substance abuse in the educational environment (2000) as from the perspective of the goals and objectives of the concepts and preventive activities.
Ключевые слова / Keywords:
narcotic drugs, drug prevention, target prevention, value orientation.
ASTAFYEV N.V. Astafyev N.V. – doctor of pedagogical sciences, professor
Use of a network form of the organization of educational process and models of the educational technology «the concentrated training» at professional development of the employees providing the organization and carrying out classes in fire and physical preparation in divisions of law-enforcement bodies
Страницы / Pages: 32-43
Аннотация / Annotation:
Due to the distinctions in requirements of Federal laws No. 273-FZ and No. 342-FZ and requirements of regulations of the Ministry of Internal Affairs of Russia an actual problem is justification of programs of professional development of staff of the law-enforcement bodies providing the organization and carrying out classes in fire and physical preparation. In article it is shown that professional development of this category of employees has to be organized within a vocational education. For the purpose of increase of a practical orientation of professional development it is expedient to use a network form of the organization of training. Use of such model of educational technology as “the concentrated training”, namely – two-subject immersions system is proved. The optimum volume of an academic load of advanced training courses and frequency of professional development is shown.
Ключевые слова / Keywords:
Аннотация / Annotation:
Due to the distinctions in requirements of Federal laws No. 273-FZ and No. 342-FZ and requirements of regulations of the Ministry of Internal Affairs of Russia an actual problem is justification of programs of professional development of staff of the law-enforcement bodies providing the organization and carrying out classes in fire and physical preparation. In article it is shown that professional development of this category of employees has to be organized within a vocational education. For the purpose of increase of a practical orientation of professional development it is expedient to use a network form of the organization of training. Use of such model of educational technology as “the concentrated training”, namely – two-subject immersions system is proved. The optimum volume of an academic load of advanced training courses and frequency of professional development is shown.
Ключевые слова / Keywords:
LEBEDEVA O.V. Lebedeva O.V. – professor of the chair of pedagogy
Differences between civic education and patriotic education
Страницы / Pages: 44-52
Аннотация / Annotation:
Categories civic education and patriotic education are differentiated in the article. Civic education is a wide notion, its components are political, legal, moral and patriotic education. The basis for differentiation is the notions «citizen», which means political-legal relations with the state and «patriot» as a person who loves his motherland. It is stated that patriotism may have instinctive nature and country identity as a total combination of many person’s qualities is formed on the level of conscious. Country identity is the highest form of patriotism.
Ключевые слова / Keywords:
civic education, patriotic education, citizen, political-legal relations with the state, country identity, patriotism, love for motherland.
Аннотация / Annotation:
Categories civic education and patriotic education are differentiated in the article. Civic education is a wide notion, its components are political, legal, moral and patriotic education. The basis for differentiation is the notions «citizen», which means political-legal relations with the state and «patriot» as a person who loves his motherland. It is stated that patriotism may have instinctive nature and country identity as a total combination of many person’s qualities is formed on the level of conscious. Country identity is the highest form of patriotism.
Ключевые слова / Keywords:
civic education, patriotic education, citizen, political-legal relations with the state, country identity, patriotism, love for motherland.
ZELENOV Y.N. Zelenov Y.N. – PhD (Pedagogic)
PACHIKOVA L.P. Pachikova L.P. – doctor of pedagogical sciences, professor
Peculiarities of pedagogical prevention of youth extremism on different levels of the professional education system
Страницы / Pages: 53-59
Аннотация / Annotation:
The article is devoted to some actual issues, concerning using pedagogical methods of prevention of extremism views among students on different levels in the system of professional education. Besides, the author determines the content and the structure of youth extremism pedagogical prevention system in professional education establishments.
Ключевые слова / Keywords:
youth extremism, system of professional education, pedagogical prevention, self-determination of young personality.
A THEORY OF LAWАннотация / Annotation:
The article is devoted to some actual issues, concerning using pedagogical methods of prevention of extremism views among students on different levels in the system of professional education. Besides, the author determines the content and the structure of youth extremism pedagogical prevention system in professional education establishments.
Ключевые слова / Keywords:
youth extremism, system of professional education, pedagogical prevention, self-determination of young personality.
KUROV S.V. Kurov S.V. – PhD, PhD, Associate Professor
GAVRISHCHUK V.V. Gavrishchuk V.V. – doctor of historical sciences, professor
Safety of the right to education
Страницы / Pages: 60-68
Аннотация / Annotation:
The article explains the introduction to the theory and practice of legal regulation in the sphere of education the concept of security the right to education; disclosed components of this category.
Ключевые слова / Keywords:
security, education, the right to education, security, the right to education.
Аннотация / Annotation:
The article explains the introduction to the theory and practice of legal regulation in the sphere of education the concept of security the right to education; disclosed components of this category.
Ключевые слова / Keywords:
security, education, the right to education, security, the right to education.
KOCHETKOV V.V. Kochetkov V.V. – Ph.D.
The epistemological status of the category of «constitutional question» in the science of law
Страницы / Pages: 69-79
Аннотация / Annotation:
This article shows the epistemological significance of the category of «constitutional question» for legal science, so that it can help to determine the time of appearance of constitutionalism as a definite form of legal consciousness in the arena of history. The author demonstrates the possibility of using this category, offering an original solution to one of the most current problems of the Russian jurisprudence – the origin of the problems of Russian constitutionalism. According to the author, the concept of «constitutional question» can be used to analyze the current Russian political satiation as well as economic.
Ключевые слова / Keywords:
Аннотация / Annotation:
This article shows the epistemological significance of the category of «constitutional question» for legal science, so that it can help to determine the time of appearance of constitutionalism as a definite form of legal consciousness in the arena of history. The author demonstrates the possibility of using this category, offering an original solution to one of the most current problems of the Russian jurisprudence – the origin of the problems of Russian constitutionalism. According to the author, the concept of «constitutional question» can be used to analyze the current Russian political satiation as well as economic.
Ключевые слова / Keywords:
PALYANINA A. Palyanina A. – candidate of sociological Sciences
The right to personal cultural identity in the context of the idea of individual autonomy
Страницы / Pages: 80-88
Аннотация / Annotation:
Cultural rights of individuals, including other components of the legal status of the individual, followed by the idea of individual autonomy, which has the meaning of constitutional and legal principle. In this sense, the special role played by the establishment of the right to personal cultural identity as directly expressing the individual’s right to free choice, in particular the choice of moral and aesthetic ideals, at the same time is the beginning of personal autonomy. Legal – theoretical analysis of the relationship of personality and identity of its autonomy and the subject of this article.
Ключевые слова / Keywords:
personal cultural identity, the principle of autonomy of the person, personal integrity, dignity, constitutional and legal status of the individual.
Аннотация / Annotation:
Cultural rights of individuals, including other components of the legal status of the individual, followed by the idea of individual autonomy, which has the meaning of constitutional and legal principle. In this sense, the special role played by the establishment of the right to personal cultural identity as directly expressing the individual’s right to free choice, in particular the choice of moral and aesthetic ideals, at the same time is the beginning of personal autonomy. Legal – theoretical analysis of the relationship of personality and identity of its autonomy and the subject of this article.
Ключевые слова / Keywords:
personal cultural identity, the principle of autonomy of the person, personal integrity, dignity, constitutional and legal status of the individual.
NIKITIN D.N. Nikitin D.N. – PhD in Law
PERSONAL NON-PROPERTY LEGAL RELATIONSHIP OF SPOUSES: CONCEPT, STRUCTURE, CLASSIFICATION
Страницы / Pages: 89-96
Аннотация / Annotation:
Article is devoted to studying of the personal non-property relations of the spouses, regulated to standards of the Russian legislation. Author’s definition of concept of the personal non-property relations of spouses is offered, their classification is given. On the basis of the conducted research the author draws a conclusion about specificity of the content of family legal relationship.
Ключевые слова / Keywords:
spouses, personal non-property rights, family legal relationship.
WE DISCUSS THE PROBLEMАннотация / Annotation:
Article is devoted to studying of the personal non-property relations of the spouses, regulated to standards of the Russian legislation. Author’s definition of concept of the personal non-property relations of spouses is offered, their classification is given. On the basis of the conducted research the author draws a conclusion about specificity of the content of family legal relationship.
Ключевые слова / Keywords:
spouses, personal non-property rights, family legal relationship.
PONKIN I.V. Ponkin I.V. – doctor of science (Law), Professor
PONKINA A.A. Ponkina A.A. – Ph.D. (Law)
Evaluation of surrogacy in terms of law and bioethics
Страницы / Pages: 97-109
Аннотация / Annotation:
The article investigates the essence of the phenomenon of surrogacy (surrogate motherhood) from the standpoint of Bioethics and moral foundations of Law. Shows a selection of reference regulations of foreign Legislation.
Ключевые слова / Keywords:
surrogacy (surrogate motherhood), mother rights, women’s rights, children’s rights, health care, right to health, public health management, comparative law, medicine.
Аннотация / Annotation:
The article investigates the essence of the phenomenon of surrogacy (surrogate motherhood) from the standpoint of Bioethics and moral foundations of Law. Shows a selection of reference regulations of foreign Legislation.
Ключевые слова / Keywords:
surrogacy (surrogate motherhood), mother rights, women’s rights, children’s rights, health care, right to health, public health management, comparative law, medicine.
AFANASYEV A.A. Afanasyev A.A. – candidate of law
Constitutional and legal basis of local self-government: the organizational basis of local government in rural settlements.
Страницы / Pages: 110-123
Аннотация / Annotation:
In article on the basis of analysis of the legislation of the Russian Federation and scientific literature highlighted the organizational foundations of local government of rural settlements. It is of great theoretical and practical importance for the legal regulation of the rural life as a complex of public relations, with the goal of sustainable rural development. The public relations connected with the exercise of local self-government of settlements are an important component of rural life.
Ключевые слова / Keywords:
legal regulation, rural life, the state, local self-governance, organizational framework, rural settlement, rural population, rural territory.
Аннотация / Annotation:
In article on the basis of analysis of the legislation of the Russian Federation and scientific literature highlighted the organizational foundations of local government of rural settlements. It is of great theoretical and practical importance for the legal regulation of the rural life as a complex of public relations, with the goal of sustainable rural development. The public relations connected with the exercise of local self-government of settlements are an important component of rural life.
Ключевые слова / Keywords:
legal regulation, rural life, the state, local self-governance, organizational framework, rural settlement, rural population, rural territory.
HILYUTA V.V. Hilyuta V.V. – PhD, Associate Professor
Problems of definition objective side theft
Страницы / Pages: 124-134
Аннотация / Annotation:
The paper discusses the current practice and science of criminal law questions of qualification theft on the objective side of the crime. Considered the main way the crime – the acquisition of another property. Analyzes the legal practice and doctrinal sources for reasonableness design abstract mode of action for stealing other people’s property.
Ключевые слова / Keywords:
theft, acquisition, removal, handling, objective side of crime, property crime.
Аннотация / Annotation:
The paper discusses the current practice and science of criminal law questions of qualification theft on the objective side of the crime. Considered the main way the crime – the acquisition of another property. Analyzes the legal practice and doctrinal sources for reasonableness design abstract mode of action for stealing other people’s property.
Ключевые слова / Keywords:
theft, acquisition, removal, handling, objective side of crime, property crime.
ALEXANDROV A.YU. Alexandrov A.Yu. – PhD (Law)
Peculiarities of legal regulation of venture investment in Spain
Страницы / Pages: 135-139
Аннотация / Annotation:
The article investigates the features of the Spanish experience of legal support of venture investment.
Ключевые слова / Keywords:
venture capital investment, venture capital fund, venture risk, public policy in the field of venture capital investment, Spain.
Аннотация / Annotation:
The article investigates the features of the Spanish experience of legal support of venture investment.
Ключевые слова / Keywords:
venture capital investment, venture capital fund, venture risk, public policy in the field of venture capital investment, Spain.
ZAGIDULIN R.A. Zagidulin R.A. – PhD in law, Associate Professor
Constitutional foundations of the military law of the Russian Federation
Страницы / Pages: 140-149
Аннотация / Annotation:
One of the basic directions of power structures reforming of the Russian Federation civil society is perfection of a military law of system. In the publication the basic legal relations demanding change of legal regulation, ways and methods of research, a scientific substantiation and acceptance of the military legislation at the present stage of development of a civil society in Russia are considered.
Ключевые слова / Keywords:
The Constitution, Armed Forces, legal status, military organization, organization and use of the Armed Forces, special legal regimes, military law.
PAGES OF HISTORYАннотация / Annotation:
One of the basic directions of power structures reforming of the Russian Federation civil society is perfection of a military law of system. In the publication the basic legal relations demanding change of legal regulation, ways and methods of research, a scientific substantiation and acceptance of the military legislation at the present stage of development of a civil society in Russia are considered.
Ключевые слова / Keywords:
The Constitution, Armed Forces, legal status, military organization, organization and use of the Armed Forces, special legal regimes, military law.
SCRIPCHENCO N.U. Scripchenco N.U. – doctor of jurisprudence, associate professor
History of formation anddevelopmentof legislation governingspaceminor inspecial educationalinstitutionalization
Страницы / Pages: 150-159
Аннотация / Annotation:
Article analyzes thegenesisof legislative consolidation ofcompulsoryeducation measuresin the form ofminorpremisesina special educationalinstitutionclosed.Historical andlegal researchsuggeststhatfor the first timeinpre-revolutionary legislationsecuringthe possibility of placinga juvenilein an institutionas an alternative tocriminal punishment, the legislator has consistentlyexpandedthe grounds forthe implementation ofthis measureamong adolescents.
Ключевые слова / Keywords:
minoroffense, a special educationalinstitution.
Аннотация / Annotation:
Article analyzes thegenesisof legislative consolidation ofcompulsoryeducation measuresin the form ofminorpremisesina special educationalinstitutionclosed.Historical andlegal researchsuggeststhatfor the first timeinpre-revolutionary legislationsecuringthe possibility of placinga juvenilein an institutionas an alternative tocriminal punishment, the legislator has consistentlyexpandedthe grounds forthe implementation ofthis measureamong adolescents.
Ключевые слова / Keywords:
minoroffense, a special educationalinstitution.
ISKHAKOV E.R. Iskhakov E.R. – doctor of medicine, Professor
Law regulation of the development of medical education during tsar the Pavel the First
Страницы / Pages: 160-165
Аннотация / Annotation:
Law acts issued by tsar the Pavel the First about medical education researched in this article. These documents reflect the organization of selection students for studying, founding medical-surgical academies and increasing of efficacy of educational process.
Ключевые слова / Keywords:
legislation about medical education, legislation by tsar the Pavel the First.
SCIENTIFIC DEBUTАннотация / Annotation:
Law acts issued by tsar the Pavel the First about medical education researched in this article. These documents reflect the organization of selection students for studying, founding medical-surgical academies and increasing of efficacy of educational process.
Ключевые слова / Keywords:
legislation about medical education, legislation by tsar the Pavel the First.
RUZANOV S.A.
Ruzanov S.A.
–
Features of the development of the political process between 1994–1999 and their influence on the evolution of social protest in the russian society.
Страницы / Pages: 166-173
Аннотация / Annotation:
The article examines the impact of civil society on the development of the political regime in Russia after the constitutional crisis of September-October 1993 highlighted the role of the electoral campaign in 1995 as a tool for stabilization of the new political system in the country.
Ключевые слова / Keywords:
constitutional crisis of September-October 1993, civil society, social movements, political parties, the Russian electoral process, the opposition bloc, the social protest.
Аннотация / Annotation:
The article examines the impact of civil society on the development of the political regime in Russia after the constitutional crisis of September-October 1993 highlighted the role of the electoral campaign in 1995 as a tool for stabilization of the new political system in the country.
Ключевые слова / Keywords:
constitutional crisis of September-October 1993, civil society, social movements, political parties, the Russian electoral process, the opposition bloc, the social protest.
KUZNETSOVA V.S.
Kuznetsova V.S.
–
Art Club as a non-traditional form of development of the legal competence of students
Страницы / Pages: 174-179
Аннотация / Annotation:
The article deals with the legal competence of students, as well as with the example of the educational event dedicated to the Rights of the Child, in an nonconventional form of the art club, organized in the North Caucasus Federal University by the undergraduate students of the «Education in pedagogy and psychology» department and by the students SKFU Lyceum for talented children.
Ключевые слова / Keywords:
art club, competence approach, legal competence, the rights of the child.
Аннотация / Annotation:
The article deals with the legal competence of students, as well as with the example of the educational event dedicated to the Rights of the Child, in an nonconventional form of the art club, organized in the North Caucasus Federal University by the undergraduate students of the «Education in pedagogy and psychology» department and by the students SKFU Lyceum for talented children.
Ключевые слова / Keywords:
art club, competence approach, legal competence, the rights of the child.