Право и образование
№ 10 • 2015
EDUCATIONAL LAW
KIRILLOVYH A.A. Kirillovyh A.A. – associate professor, candidate of legal sciences
DOCTRINE IN THE EDUCATIONAL LEGISLATION: DOMESTIC AND FOREIGN EXPERIENCE
Страницы / Pages: 4-13
Аннотация / Annotation:
In this article the reader content-regulatory analysis of doctrine as a source of law in the context of existing forms of regulation of social relations; justifying the presence of, and also shows the role, value, location and perspectives of educational doctrines in the system of sources of educational legislation.
Ключевые слова / Keywords:
education, law, legislation, the doctrine of source, concept, rule, ideology, program.
Аннотация / Annotation:
In this article the reader content-regulatory analysis of doctrine as a source of law in the context of existing forms of regulation of social relations; justifying the presence of, and also shows the role, value, location and perspectives of educational doctrines in the system of sources of educational legislation.
Ключевые слова / Keywords:
education, law, legislation, the doctrine of source, concept, rule, ideology, program.
IBRAGIMOV G.I. Ibragimov G.I. – doctor ped. Sciences, professor, corresponding member. RAO, Professor
IBRAGIMOVA E.M. Ibragimova E.M. – Dr. ped. Sciences, Professor
On the legal framework and the essential features of network forms of educational programs
Страницы / Pages: 14-18
Аннотация / Annotation:
Based on analysis of art.15 of the Law «On Education in the Russian Federation» regulatory framework and the essential characteristics of the network form of educational programs are disclosed (organized for the formation of the unique competencies that are in demand in the rapidly developing sectors of the economy, organized mainly on the interdisciplinary nature of educational programs for personnel of large projects; makes it possible to increase the quality of education by enhancing certain aspects of the educational activities by using, in addition to its own resources, and resources (material, human, and others) and other organizations).We offered three options for the network form of educational programs: educational organization – educational organization; educational organization – organizations providing training; educational organization – an organization (scientific, medical, and others.), which has the resources to implement training, but does not have the license for educational activity.
Ключевые слова / Keywords:
law «On Education in the Russian Federation»; educational organization; educational program; network form of educational programs; the legal basis of the network form of training; the essential characteristics of the network form of learning.
Аннотация / Annotation:
Based on analysis of art.15 of the Law «On Education in the Russian Federation» regulatory framework and the essential characteristics of the network form of educational programs are disclosed (organized for the formation of the unique competencies that are in demand in the rapidly developing sectors of the economy, organized mainly on the interdisciplinary nature of educational programs for personnel of large projects; makes it possible to increase the quality of education by enhancing certain aspects of the educational activities by using, in addition to its own resources, and resources (material, human, and others) and other organizations).We offered three options for the network form of educational programs: educational organization – educational organization; educational organization – organizations providing training; educational organization – an organization (scientific, medical, and others.), which has the resources to implement training, but does not have the license for educational activity.
Ключевые слова / Keywords:
law «On Education in the Russian Federation»; educational organization; educational program; network form of educational programs; the legal basis of the network form of training; the essential characteristics of the network form of learning.
VORONINA A.A. Voronina A.A. – candidate of jurisprudence, head of chair of law of Russian State Professional and Pedagogical University
By the definition of the agreement on education
Страницы / Pages: 19-24
Аннотация / Annotation:
In the article is examined the problem of the determination of concept the agreement about the formation on the basis of the analysis of normative lawful reports and the author’s determination of the concept of the agreement about the formation is proposed.
Ключевые слова / Keywords:
agreement about the formation, paid educational services, educational organization, training, parties to the contract.
Аннотация / Annotation:
In the article is examined the problem of the determination of concept the agreement about the formation on the basis of the analysis of normative lawful reports and the author’s determination of the concept of the agreement about the formation is proposed.
Ключевые слова / Keywords:
agreement about the formation, paid educational services, educational organization, training, parties to the contract.
YUBKO V. Yubko V. – master’s degree in Law
Place of constitutional right to education in the main individual rights and freedoms
Страницы / Pages: 25-34
Аннотация / Annotation:
The constitutional right to education considered by the author in two aspects in this thesis. On the one hand it is considered within the system of fundamental rights and freedoms and on the other hand through the application of the right. The relationship of the right to education with other constitutional rights and freedoms are shown in the paper. The constitutional right to education is regarded by the author as a social right with a cultural aspect being one of the fundamental ones in the system of rights and freedoms.
Ключевые слова / Keywords:
Constitution, place the right to education, the system of rights and freedoms, the scope of application.
Аннотация / Annotation:
The constitutional right to education considered by the author in two aspects in this thesis. On the one hand it is considered within the system of fundamental rights and freedoms and on the other hand through the application of the right. The relationship of the right to education with other constitutional rights and freedoms are shown in the paper. The constitutional right to education is regarded by the author as a social right with a cultural aspect being one of the fundamental ones in the system of rights and freedoms.
Ключевые слова / Keywords:
Constitution, place the right to education, the system of rights and freedoms, the scope of application.
E.S. KANANYKINA E.S. Kananykina – PhD
Legislative support for the reform of the education system of countries
Southern Europe (Italy, Greece, Macedonia, Croatia)
Страницы / Pages: 35-45
Аннотация / Annotation:
The article is devoted to the development of the education system of the southern European countries in a changed legislative framework regarding secondary and higher education and the creation of a European higher education area.
Ключевые слова / Keywords:
educational doctrine, European law, the Bologna process, legislation on education.
MODERN EDUCATIONАннотация / Annotation:
The article is devoted to the development of the education system of the southern European countries in a changed legislative framework regarding secondary and higher education and the creation of a European higher education area.
Ключевые слова / Keywords:
educational doctrine, European law, the Bologna process, legislation on education.
ISKHAKOV E.R. Iskhakov E.R. – Professor of the Ufa law institute of the Ministry of internal affaires of Russia, MD, professor, colonel of police
The methods for increasing effectivity of teaching special subject “How forms anticorruption behavior” in law institute
Страницы / Pages: 46-54
Аннотация / Annotation:
The article describe psychological and pedagogical features of special anticorruption education for cadets and police officers. They are consisted from trainings with some parts of learning and using pedagogical innovation in interaction tracks. Showed the positive effect these subject for anticorruption mentality of cadets.
Ключевые слова / Keywords:
anticorruption education, forming anticorruption mentality, innovation psychological and pedagogical teaching methods.
Аннотация / Annotation:
The article describe psychological and pedagogical features of special anticorruption education for cadets and police officers. They are consisted from trainings with some parts of learning and using pedagogical innovation in interaction tracks. Showed the positive effect these subject for anticorruption mentality of cadets.
Ключевые слова / Keywords:
anticorruption education, forming anticorruption mentality, innovation psychological and pedagogical teaching methods.
TROFIMOVA G.A. Trofimova G.A. – expert of research association «Legal initiative»
The effectiveness of higher education institutions: problem of definition
Страницы / Pages: 55-61
Аннотация / Annotation:
The system of educational institutions should be built on the base of qualitative approach in their activities. One of the criteria is by far the monitoring of higher education institutions to identify among them efficient and inefficient organizations. The author tries to reveal the shortcomings of the existing performance indicators set out in the by-law, and to offer the list of the most important, in his view, the characteristics of the activities of higher educational institutions.
Ключевые слова / Keywords:
efficiency of the activities of universities, universities of monitoring the quality of higher education, performance indicators of public institutions, governance, higher education, paid education.
Аннотация / Annotation:
The system of educational institutions should be built on the base of qualitative approach in their activities. One of the criteria is by far the monitoring of higher education institutions to identify among them efficient and inefficient organizations. The author tries to reveal the shortcomings of the existing performance indicators set out in the by-law, and to offer the list of the most important, in his view, the characteristics of the activities of higher educational institutions.
Ключевые слова / Keywords:
efficiency of the activities of universities, universities of monitoring the quality of higher education, performance indicators of public institutions, governance, higher education, paid education.
SMIRNOV А.М. Smirnov А.М. – Leading Researcher Research Institute Federal Penitentiary Service, Russia, PhD of Law, Associate Professor
TO THE INTRODUCTION OF SEXUAL (SEXUAL) EDUCATION AND TRAINING AS DELINQUENCY COMMITTED BY THEM WAYS OF PREVENTING SEXUAL ASSAULT AND SEXUAL FREEDOM
Страницы / Pages: 62-70
Аннотация / Annotation:
The article is updated introduction to the issue of Russian educational institutions, which educate minors, sexual (sexual) education and training required to ensure a positive social development of people in that age group, and among them the prevention of deviant behavior such as criminal sexual assault and sexual freedom of the individual.
Ключевые слова / Keywords:
education system, teaching school, sex education, sex education, juvenile delinquency, sexual integrity, sexual freedom.
SCIENTIFIC MESSAGESАннотация / Annotation:
The article is updated introduction to the issue of Russian educational institutions, which educate minors, sexual (sexual) education and training required to ensure a positive social development of people in that age group, and among them the prevention of deviant behavior such as criminal sexual assault and sexual freedom of the individual.
Ключевые слова / Keywords:
education system, teaching school, sex education, sex education, juvenile delinquency, sexual integrity, sexual freedom.
MIRONOV O.O. Mironov O.O. – doctor of legal Sciences, Professor
The act of the President of the Russian Federation in the legal system of the country.
Страницы / Pages: 71-75
Аннотация / Annotation:
The article gives a general description of the acts of the President of the Russian Federation, under the law of his decrees and orders. Important is their flawless performance in other cases must be legal liability. The article draws attention to the different types of liability that might to be strengthened in order to increase performance discipline, teamwork state apparatus.
Ключевые слова / Keywords:
acts of the President of the Russian Federation, decrees and orders of the head of state, the decision of the Constitutional Court of the Russian Federation.
Аннотация / Annotation:
The article gives a general description of the acts of the President of the Russian Federation, under the law of his decrees and orders. Important is their flawless performance in other cases must be legal liability. The article draws attention to the different types of liability that might to be strengthened in order to increase performance discipline, teamwork state apparatus.
Ключевые слова / Keywords:
acts of the President of the Russian Federation, decrees and orders of the head of state, the decision of the Constitutional Court of the Russian Federation.
PROPASTIN S.V. Propastin S.V. – candidate of Law
Criminal procedure law as basis of formation of theory investigation of Internet crimes
Страницы / Pages: 76-88
Аннотация / Annotation:
From the standpoint of the methodology of the formation of the theoretical foundations of knowledge of the investigation of Internet crime should take into account the understanding of the current state and trends of the environment problem situation (the provisions of the Criminal Procedure Code of the Russian Federation as a whole), and the problem domain (the provisions of the Criminal Procedure Code of the Russian Federation in terms of features of pre-trial proceedings for crimes committed with the use of the Internet -technologies). The article describes the current status and development trends of these elements of setting and solving scientific problems, demonstrates their relationship with the individual areas of development of the theory of the investigation of Internet crime.
Ключевые слова / Keywords:
Internet crime, the investigation of crimes, criminal procedure, theoretical basis, computer crime, subject area, among the problematic situation.
Аннотация / Annotation:
From the standpoint of the methodology of the formation of the theoretical foundations of knowledge of the investigation of Internet crime should take into account the understanding of the current state and trends of the environment problem situation (the provisions of the Criminal Procedure Code of the Russian Federation as a whole), and the problem domain (the provisions of the Criminal Procedure Code of the Russian Federation in terms of features of pre-trial proceedings for crimes committed with the use of the Internet -technologies). The article describes the current status and development trends of these elements of setting and solving scientific problems, demonstrates their relationship with the individual areas of development of the theory of the investigation of Internet crime.
Ключевые слова / Keywords:
Internet crime, the investigation of crimes, criminal procedure, theoretical basis, computer crime, subject area, among the problematic situation.
ZHELONKINA E.A. Zhelonkina E.A. – candidate of law Sciences
The content of the legislative design of the guilt of legal persons in administrative law
Страницы / Pages: 89-95
Аннотация / Annotation:
The article outlines the main approaches to the definition of the constructs of guilt of a legal entity as part of the administrative offence. Specified kinds of offences committed by legal persons. Analyzes current legislation from the point of view of establishing the form and degree of guilt of a legal entity for the decision of a question on attraction to administrative responsibility.
Ключевые слова / Keywords:
legal entity, the form of guilt, the degree of guilt, administrative responsibility.
Аннотация / Annotation:
The article outlines the main approaches to the definition of the constructs of guilt of a legal entity as part of the administrative offence. Specified kinds of offences committed by legal persons. Analyzes current legislation from the point of view of establishing the form and degree of guilt of a legal entity for the decision of a question on attraction to administrative responsibility.
Ключевые слова / Keywords:
legal entity, the form of guilt, the degree of guilt, administrative responsibility.
SOKOLSKAYA L.V. Sokolskaya L.V. – The department of civil law disciplines Moscow State Regional Institute for the Humanities of Russia
Historical types of legal cultures
Страницы / Pages: 96-106
Аннотация / Annotation:
Variety of existing typologies of legal cultures shows that in the world of science is not developed a unified approach to the understanding of the legal culture and identified universally significant criterion for their typology. Based on the analysis of existing concepts of the legal culture of the author highlights the historical types of legal cultures and justifies the existence of a “genetic code” of legal culture, which bears as individual characteristics of the national legal culture (especially properties) and universal (generic properties). The base of the typology of legal cultures taken legal thinking, as an expression of the philosophical foundations of a particular era, culture and civilization. Legal thinking is a way of knowledge, expression, understanding of the legal reality. Legal thinking is a process of meaning flowing in the unity of the development of different types of social reality – the sensual, rational and intuitive. System-hierarchical variant relationship sensual, intuitive and rational types of meaning are confirmed in stable cultural types, historically. These forms of meaning, give rise to different forms of activity and are present in different combinations in different legal cultures. However, this combination can not be infinite. Based on the fact that a purely quantitative mathematical combinations may be only six, the author suggested that the historical and legal types of crops can be as much as necessary, but only six: Antique, Western European, Middle Eastern, East Asian, South Asian and Eurasian.
Ключевые слова / Keywords:
legal culture, typology, classification, cultural-historical type, historical and cultural values, and legal thinking.
Аннотация / Annotation:
Variety of existing typologies of legal cultures shows that in the world of science is not developed a unified approach to the understanding of the legal culture and identified universally significant criterion for their typology. Based on the analysis of existing concepts of the legal culture of the author highlights the historical types of legal cultures and justifies the existence of a “genetic code” of legal culture, which bears as individual characteristics of the national legal culture (especially properties) and universal (generic properties). The base of the typology of legal cultures taken legal thinking, as an expression of the philosophical foundations of a particular era, culture and civilization. Legal thinking is a way of knowledge, expression, understanding of the legal reality. Legal thinking is a process of meaning flowing in the unity of the development of different types of social reality – the sensual, rational and intuitive. System-hierarchical variant relationship sensual, intuitive and rational types of meaning are confirmed in stable cultural types, historically. These forms of meaning, give rise to different forms of activity and are present in different combinations in different legal cultures. However, this combination can not be infinite. Based on the fact that a purely quantitative mathematical combinations may be only six, the author suggested that the historical and legal types of crops can be as much as necessary, but only six: Antique, Western European, Middle Eastern, East Asian, South Asian and Eurasian.
Ключевые слова / Keywords:
legal culture, typology, classification, cultural-historical type, historical and cultural values, and legal thinking.
LITYAGIN N.N. Lityagin N.N. – PhD, Associate Professor, associate Professor of civil rights of MUH
Public-private partnership: the concept, content and implementation mechanisms.
Страницы / Pages: 107-114
Аннотация / Annotation:
The article analyzes the problems of integration of private and public capital, considered opinion of scientists – lawyers in private – public partnership, areas and methods of achieving it.
Ключевые слова / Keywords:
property, private capital, public capital, the integration of capital, innovative economy, public – private partnerships
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article analyzes the problems of integration of private and public capital, considered opinion of scientists – lawyers in private – public partnership, areas and methods of achieving it.
Ключевые слова / Keywords:
property, private capital, public capital, the integration of capital, innovative economy, public – private partnerships
ASTAFEV N.V. Astafev N.V. – Doctor of Pedagogy, Professor
Education leaders and forming official groups set-governmental troops and police task forces at the first stage of preparation for a business trip to the territory of the North Caucasian region of the Russian Federation
Страницы / Pages: 115-124
Аннотация / Annotation:
In training to participate in counterterrorism operations in the North Caucasus region of the Russian Federation, in the vast majority come strangers or unfamiliar with each other employees. These employees will have to serve in the special conditions for six months. Sociometric research results in teaching the program recommended by the Russian Interior Ministry, showed insufficient quality of appointing heads of companies, and, as a consequence, the formation of the service team. In this regard, necessary to revise the content of the training program. It is proposed to allocate a separate section of the program – commander training. Then, after the passage of commander training: The leader of the study (group) of the respective orders VOGOiP the Russian Interior Ministry, the control unit in the protection of public order and special operations, psychological and pedagogical methods of forming the service team, it is proposed in the framework of the training sessions, conduct psychological trainings educational groups. At the end of training, in order to assess the credibility of formal (kit-appointed leadership of present territorial bodies) and informal (manifested in the conditions of educational work) the leaders of the service team, it is necessary to conduct sociometric research. The results of sociometric research will assist the heads of unit (s) in the appointment of staff in full-time positions and eliminate the possibility of conflicts during a business trip.
Ключевые слова / Keywords:
combined unit; Task Force; the first phase of training; management team; training; service staff; formation.
Аннотация / Annotation:
In training to participate in counterterrorism operations in the North Caucasus region of the Russian Federation, in the vast majority come strangers or unfamiliar with each other employees. These employees will have to serve in the special conditions for six months. Sociometric research results in teaching the program recommended by the Russian Interior Ministry, showed insufficient quality of appointing heads of companies, and, as a consequence, the formation of the service team. In this regard, necessary to revise the content of the training program. It is proposed to allocate a separate section of the program – commander training. Then, after the passage of commander training: The leader of the study (group) of the respective orders VOGOiP the Russian Interior Ministry, the control unit in the protection of public order and special operations, psychological and pedagogical methods of forming the service team, it is proposed in the framework of the training sessions, conduct psychological trainings educational groups. At the end of training, in order to assess the credibility of formal (kit-appointed leadership of present territorial bodies) and informal (manifested in the conditions of educational work) the leaders of the service team, it is necessary to conduct sociometric research. The results of sociometric research will assist the heads of unit (s) in the appointment of staff in full-time positions and eliminate the possibility of conflicts during a business trip.
Ключевые слова / Keywords:
combined unit; Task Force; the first phase of training; management team; training; service staff; formation.
IVINSKAYA M.S. Ivinskaya M.S. – candidate of economic sciences
Economic and legal aspects of realization M&A strategy in the banking system of the EU: implementation of international experience in the Russian practice
Страницы / Pages: 125-140
Аннотация / Annotation:
The article is covered economic and legal aspects of M&A in the banking system of Europe (the example of Germany). Historical prerequisites of creation and development of regulating system are considered. In the article also is studied such important point as introduction of foreign regulating experience in the Russian banking sector.
Ключевые слова / Keywords:
mergers and acquisitions (M&A), regulating, economy, legislation.
Аннотация / Annotation:
The article is covered economic and legal aspects of M&A in the banking system of Europe (the example of Germany). Historical prerequisites of creation and development of regulating system are considered. In the article also is studied such important point as introduction of foreign regulating experience in the Russian banking sector.
Ключевые слова / Keywords:
mergers and acquisitions (M&A), regulating, economy, legislation.
RUDNEVA E.O. Rudneva E.O. – the lecturer
ACTUAL PROBLEMS OF PROTECTION OF COPYRIGHT IN THE INTERNET
Страницы / Pages: 141-148
Аннотация / Annotation:
The article deals with the problems of legal regulation of copyright on the Internet. The essence of the concept of information, copyright, information security.
Ключевые слова / Keywords:
information, law, society, the Internet.
Аннотация / Annotation:
The article deals with the problems of legal regulation of copyright on the Internet. The essence of the concept of information, copyright, information security.
Ключевые слова / Keywords:
information, law, society, the Internet.
ARISTOV E.V. Aristov E.V. – PhD (Law), senior lecturer of Department of Business law, civil and arbitration process of the Perm State University
Welfare State in Australia: constitutional-legal research
Страницы / Pages: 149-156
Аннотация / Annotation:
The article investigates the features of model of the welfare state implemented in Australia. The article shows the features of fixing of guarantees of the welfare state at the federal and regional levels. The author described the positions of the High Court of Australia on the question of interpretation of the content and significance of the constitutional principle of the welfare state.
Ключевые слова / Keywords:
Welfare State, welfaring of the State, Constitutional Law, basis of the constitutional system, constitutional-legal principle of the Welfare State.
Аннотация / Annotation:
The article investigates the features of model of the welfare state implemented in Australia. The article shows the features of fixing of guarantees of the welfare state at the federal and regional levels. The author described the positions of the High Court of Australia on the question of interpretation of the content and significance of the constitutional principle of the welfare state.
Ключевые слова / Keywords:
Welfare State, welfaring of the State, Constitutional Law, basis of the constitutional system, constitutional-legal principle of the Welfare State.
ANISHCHENKO А.V. Anishchenko А.V. – candidate of economic sciences
DOLLARIZATION NATIONAL ECONOMY – GLOBAL THREAT OF FINANCIAL SOVEREIGNTY OF THE RUSSIAN FEDERATION: THE ECONOMIC AND LEGAL ASPECTS
Страницы / Pages: 157-165
Аннотация / Annotation:
Modern Russia is integrated into the global dollar system, the national currency – the ruble is tied to the dollar, the level of dollarization of the national economy has reached a critical, which means that if you do not reverse the situation, in terms of sanctions, primarily in the financial and economic sphere, which introduces West is against us, Russia will always be to “play” by his rules, which he invented. This means that in order to survive in the modern world, finally losing its fiscal sovereignty of Russia is vital to get rid of “the shackles of the dollar” and try to escape from the rigid depending on the global dollar system. Protecting the financial sovereignty of Russia is the gradual withdrawal of the national monetary system to the dollar.
Ключевые слова / Keywords:
dollarization, the currency, the ruble, the financial sovereignty of the threat.
PAGES OF HISTORYАннотация / Annotation:
Modern Russia is integrated into the global dollar system, the national currency – the ruble is tied to the dollar, the level of dollarization of the national economy has reached a critical, which means that if you do not reverse the situation, in terms of sanctions, primarily in the financial and economic sphere, which introduces West is against us, Russia will always be to “play” by his rules, which he invented. This means that in order to survive in the modern world, finally losing its fiscal sovereignty of Russia is vital to get rid of “the shackles of the dollar” and try to escape from the rigid depending on the global dollar system. Protecting the financial sovereignty of Russia is the gradual withdrawal of the national monetary system to the dollar.
Ключевые слова / Keywords:
dollarization, the currency, the ruble, the financial sovereignty of the threat.
PETRENKO A.S. Petrenko A.S. – Ph. D. (Pedagogics), Associate Professor
Historical and pedagogical analysis of the development of the theory and practice of modular teaching
Страницы / Pages: 166-173
Аннотация / Annotation:
The article is devoted to historical and pedagogical analysis of modular training in domestic and foreign theory and practice; identify the steps in the origin, formation and development of modular training.
Ключевые слова / Keywords:
module, modular teaching, modules work skills, educational element.
REVIEWSАннотация / Annotation:
The article is devoted to historical and pedagogical analysis of modular training in domestic and foreign theory and practice; identify the steps in the origin, formation and development of modular training.
Ключевые слова / Keywords:
module, modular teaching, modules work skills, educational element.
SOLOVYEV A.A. Solovyev A.A. – federal judge, vice-president of the Commercial Tribunal of Moscow Region, doctor of science (Law), professor of the Kutafin Moscow State Law University, professor of the Sholokhov Moscow State University for the Humanities.
Welfare State: view on foreign experience Review of the scientific monograph of E.V. Aristov «The constitutional-legal principle of the welfaring of the State: foreign experience of legal support» (Moscow, 2013)
Страницы / Pages: 174-176
Аннотация / Annotation:
The article is a review of the scientific monograph of E.V.Aristov «The constitutional-legal principle of the welfaring of the State: foreign experience of legal support» (Moscow, 2013).
Ключевые слова / Keywords:
welfaring of the State, Welfare State, constitutional-legal principle of the welfaring of the State, basis of the constitutional system, comparative Law.
Аннотация / Annotation:
The article is a review of the scientific monograph of E.V.Aristov «The constitutional-legal principle of the welfaring of the State: foreign experience of legal support» (Moscow, 2013).
Ключевые слова / Keywords:
welfaring of the State, Welfare State, constitutional-legal principle of the welfaring of the State, basis of the constitutional system, comparative Law.