Право и образование
№ 10 • 2016
EDUCATIONAL LAW
KIRILLOVYH A.A. Kirillovyh A.A. – PhD
IVSHYN M.S. Ivshyn M.S. – PhD
Principles of state policy in the development of the russian education system
Страницы / Pages: 4-13
Аннотация / Annotation:
In the proposed article introduces the reader to the legal informative analysis of the principles of the State policy and legal regulation in the sphere of education, enshrined in the new educational legislation; draws attention to the role and importance of the principles within the framework of the national education system.
Ключевые слова / Keywords:
principle, policy, education, priority integration, democracy, decentralisation, competition.
Аннотация / Annotation:
In the proposed article introduces the reader to the legal informative analysis of the principles of the State policy and legal regulation in the sphere of education, enshrined in the new educational legislation; draws attention to the role and importance of the principles within the framework of the national education system.
Ключевые слова / Keywords:
principle, policy, education, priority integration, democracy, decentralisation, competition.
BARABANOVA S.V. Barabanova S.V. – doctor of law Sciences, associate Professor
MAKAROV T.G.. Makarov T.G.. – candidate of legal Sciences, associate Professor
Protection of intellectual property in higher education
Страницы / Pages: 14-24
Аннотация / Annotation:
In the article features of legal protection of intellectual property in the sphere of higher education are considered. Authors have given the main methods of protection of the intellectual rights. It is revealed that in case of protection of patent laws of educational institution on the invention created in its walls it is necessary to prove use by the expected violator of each sign of the invention or a sign equivalent to it. Specific actions on protection of objects of intellectual property of higher education institution are designated.
Ключевые слова / Keywords:
protection, intellectual property, objects of industrial property, objects of copyright, engineering education.
Аннотация / Annotation:
In the article features of legal protection of intellectual property in the sphere of higher education are considered. Authors have given the main methods of protection of the intellectual rights. It is revealed that in case of protection of patent laws of educational institution on the invention created in its walls it is necessary to prove use by the expected violator of each sign of the invention or a sign equivalent to it. Specific actions on protection of objects of intellectual property of higher education institution are designated.
Ключевые слова / Keywords:
protection, intellectual property, objects of industrial property, objects of copyright, engineering education.
VASILENKO A.А. Vasilenko A.А. – Candidate of Sciences (Law), Docent
Sources of legal regulation of civil and labor contracts in educational law
Страницы / Pages: 25-32
Аннотация / Annotation:
The article covers topical issues of the theory of sources of legal regulation of civil and labor contracts in the mechanism of educational relations, including contents of thesis studies in the area of educational law application. Historical journey to the formation and establishing of educational system was used in this article. Authors’ theoretical views in the area of educational law, as well as theories about law systematization were used for this purpose. Independent scientific conclusions were drawn up as a result of analysis performed.
Ключевые слова / Keywords:
civil and labor contracts, educational relations mechanism, educational law, sources of legal regulation of contracts.
Аннотация / Annotation:
The article covers topical issues of the theory of sources of legal regulation of civil and labor contracts in the mechanism of educational relations, including contents of thesis studies in the area of educational law application. Historical journey to the formation and establishing of educational system was used in this article. Authors’ theoretical views in the area of educational law, as well as theories about law systematization were used for this purpose. Independent scientific conclusions were drawn up as a result of analysis performed.
Ключевые слова / Keywords:
civil and labor contracts, educational relations mechanism, educational law, sources of legal regulation of contracts.
SALIY I.S. Saliy I.S. – a graduate student
The legal status of the interests of students and the education community in the system of normative legal acts (their projects) relating to the control and supervision of the quality of education
Страницы / Pages: 33-40
Аннотация / Annotation:
The article attempts to analyze the accounting problems and implement state interests of students and the teaching community as participants in the educational relationship with the legal regulation of control and supervision of the quality of the education system. As a result, the study concluded the need to consider the interests of the education community and the students by the authorities with the legal regulation of these relations. The study focused on the improvement of relations in the field of control and supervision of the quality of education, in terms of the creation and implementation in practice of the instrument coordination of social and public will.
Ключевые слова / Keywords:
quality education; legal regulation of education; the interests of the education community; control and supervision of education; normative legal acts; the interests of the students.
MODERN EDUCATIONАннотация / Annotation:
The article attempts to analyze the accounting problems and implement state interests of students and the teaching community as participants in the educational relationship with the legal regulation of control and supervision of the quality of the education system. As a result, the study concluded the need to consider the interests of the education community and the students by the authorities with the legal regulation of these relations. The study focused on the improvement of relations in the field of control and supervision of the quality of education, in terms of the creation and implementation in practice of the instrument coordination of social and public will.
Ключевые слова / Keywords:
quality education; legal regulation of education; the interests of the education community; control and supervision of education; normative legal acts; the interests of the students.
KHVATSIK YU.A. Khvatsik Yu.A. – Doctor of Law
Professional legal ethics: new teaching approaches
Страницы / Pages: 41-52
Аннотация / Annotation:
The importance of understanding the role of a lawyer in his professional and appropriate behavior patterns in relationships with clients and colleagues is the essence of professional ethics. Unfortunately, professional ethics and professional responsibility are not given enough attention in the legal curriculum. This leads to conflicts within the professional community and has a negative effect on the image of the legal profession in the society. In this context it is necessary to change the approaches to teaching legal ethics and to learn foreign experience in teaching and training law students to understand and accept principles of professional responsibility and legal ethics.
Ключевые слова / Keywords:
lawyer, legal ethics, professional liability, corporate lawyer ethics, regulation, principles, activity, code of ethics, educational process, legal clinic.
Аннотация / Annotation:
The importance of understanding the role of a lawyer in his professional and appropriate behavior patterns in relationships with clients and colleagues is the essence of professional ethics. Unfortunately, professional ethics and professional responsibility are not given enough attention in the legal curriculum. This leads to conflicts within the professional community and has a negative effect on the image of the legal profession in the society. In this context it is necessary to change the approaches to teaching legal ethics and to learn foreign experience in teaching and training law students to understand and accept principles of professional responsibility and legal ethics.
Ключевые слова / Keywords:
lawyer, legal ethics, professional liability, corporate lawyer ethics, regulation, principles, activity, code of ethics, educational process, legal clinic.
GERASHCHENKO I.G. Gerashchenko I.G. – Doctor of Sciences(Philosophy), Professor
Political-legal ideology of contemporary russian education
Страницы / Pages: 53-60
Аннотация / Annotation:
Conducting of analysis of political-legal ideology of contemporary Russian education is quite a topical issue today. The article considers the evolution of ideological views during the latter decades. It contains the proofs of the thesis that contemporary Russian political-legal ideology has eclectic nature, as far as it unites at least three types of ideology: communistic, western and orthodoxy ones. The paper focuses on the idea that there’s a need to strengthen the scientific element of Russian ideology within education.
Ключевые слова / Keywords:
ideology, political-legal ideology, ideologization, deideologization, reideologization, eclectic ideology.
Аннотация / Annotation:
Conducting of analysis of political-legal ideology of contemporary Russian education is quite a topical issue today. The article considers the evolution of ideological views during the latter decades. It contains the proofs of the thesis that contemporary Russian political-legal ideology has eclectic nature, as far as it unites at least three types of ideology: communistic, western and orthodoxy ones. The paper focuses on the idea that there’s a need to strengthen the scientific element of Russian ideology within education.
Ключевые слова / Keywords:
ideology, political-legal ideology, ideologization, deideologization, reideologization, eclectic ideology.
KISELEV A.K.
Kiselev A.K.
–
Investing in education as the leading trend of EU social policy.
Страницы / Pages: 61-68
Аннотация / Annotation:
The main directions of the social policy of the European Union in the field of education. Analyzes the methods and tools of the EU educational policy at the beginning of the XXI century and in the future implementation of the EU strategy «Europe 2020».
Ключевые слова / Keywords:
The European Union, education, social policy, investment in education, the budget deficit, integration into the social environment, employment.
HOT TOPICАннотация / Annotation:
The main directions of the social policy of the European Union in the field of education. Analyzes the methods and tools of the EU educational policy at the beginning of the XXI century and in the future implementation of the EU strategy «Europe 2020».
Ключевые слова / Keywords:
The European Union, education, social policy, investment in education, the budget deficit, integration into the social environment, employment.
DMITRIEVA L.G. Dmitrieva L.G. – Ph.D.
SERGEEVA D.N. Sergeeva D.N. – Assistant of the Psychology
Manipulation of consciousness in extremist sources (on materials of psychological expertise)
Страницы / Pages: 69-75
Аннотация / Annotation:
The article reveals problem of analyzing of extremist orientation texts by psychological means, in particular, with the use of methods to detect manipulation of consciousness and the psychological impact on the reader.Marked multilayered similar texts, including a subtexts, hidden techniques of psychological pressure.There is also differentiated by the degree of material perception of complexity in order to gradually prepare potential supporters of extremist views to the understanding of more complex texts.
Ключевые слова / Keywords:
extremism, terrorism, manipulation of consciousness.
Аннотация / Annotation:
The article reveals problem of analyzing of extremist orientation texts by psychological means, in particular, with the use of methods to detect manipulation of consciousness and the psychological impact on the reader.Marked multilayered similar texts, including a subtexts, hidden techniques of psychological pressure.There is also differentiated by the degree of material perception of complexity in order to gradually prepare potential supporters of extremist views to the understanding of more complex texts.
Ключевые слова / Keywords:
extremism, terrorism, manipulation of consciousness.
NOVIKOV A. V. Novikov A. V. – Doctor of Social Sciences, Professor
BARKOVSKAYA E.V. Barkovskaya E.V. – candidate of sociological Sciences
On health services, rehabilitation and re-socialization of persons engaged in the illicit use of narcotic drugs and psychotropic substances, and drug addicts in the conditions of the current drug situation
Страницы / Pages: 76-84
Аннотация / Annotation:
The article analyzes the aspects of the implementation and efficiency of the state anti-drug policy in the provision of health care services, rehabilitation and re-socialization of persons engaged in the illicit use of narcotic drugs and psychotropic substances, and drug addicts in the conditions of the current drug situation.
Ключевые слова / Keywords:
quality of life, drug situation, the provision of medical services to persons against illegal use of narcotic drugs or psychotropic substances, the person admits illegal consumption of narcotic drugs and psychotropic substances, rehabilitation and resocialization of narcotics users and drug addicts.
Аннотация / Annotation:
The article analyzes the aspects of the implementation and efficiency of the state anti-drug policy in the provision of health care services, rehabilitation and re-socialization of persons engaged in the illicit use of narcotic drugs and psychotropic substances, and drug addicts in the conditions of the current drug situation.
Ключевые слова / Keywords:
quality of life, drug situation, the provision of medical services to persons against illegal use of narcotic drugs or psychotropic substances, the person admits illegal consumption of narcotic drugs and psychotropic substances, rehabilitation and resocialization of narcotics users and drug addicts.
SKOBKAREVA E.A.
Skobkareva E.A.
–
About foreign experience differentiation of criminal proceedings
Страницы / Pages: 85-91
Аннотация / Annotation:
The author analyzes the differentiation of pre-trial production of a number of some foreign States. Studied forms of the preliminary investigation, the order of the actions of the police upon receipt of reports of crime. An attempt to highlight features and shortcomings of the existing model of the preliminary investigation.
Ключевые слова / Keywords:
differentiation, procedural production, pre-trial proceedings, inquiry, initiation, investigation, crime.
Аннотация / Annotation:
The author analyzes the differentiation of pre-trial production of a number of some foreign States. Studied forms of the preliminary investigation, the order of the actions of the police upon receipt of reports of crime. An attempt to highlight features and shortcomings of the existing model of the preliminary investigation.
Ключевые слова / Keywords:
differentiation, procedural production, pre-trial proceedings, inquiry, initiation, investigation, crime.
CHUPRAYKOVА T.V. Chupraykovа T.V. – graduate student of University for the Humanities
Features of formation the lawyer professional legal culture
Страницы / Pages: 92-99
Аннотация / Annotation:
The article describes the process of formation the lawyer professional legal culture. The article presents the design features of the lawyer professional culture during training and in the process of entering the legal profession. The article accentuate on the problem of transition from training to the stage of professional activity with establishment of the individual corresponding properties and the lawyer professional training for requirements of the profession.
Ключевые слова / Keywords:
professional legal culture, a lawyer, professional training, professional occupation, legal knowledge, legal values.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article describes the process of formation the lawyer professional legal culture. The article presents the design features of the lawyer professional culture during training and in the process of entering the legal profession. The article accentuate on the problem of transition from training to the stage of professional activity with establishment of the individual corresponding properties and the lawyer professional training for requirements of the profession.
Ключевые слова / Keywords:
professional legal culture, a lawyer, professional training, professional occupation, legal knowledge, legal values.
SOLOVYEV A.A. Solovyev A.A. – doctor of science (Law)
Legal Status and Competence of the Supreme council of magistrates of the Italian Republic
Страницы / Pages: 100-107
Аннотация / Annotation:
The author also gives an account of the competence of the Supreme council in picking up new magistrates, their promotion as well as their disciplinary liability. The article also gives a description of the Supreme council’s role in shaping the structure of the Italian court system as well as promoting effective court functioning.
Ключевые слова / Keywords:
system of courts, judicial power, international experience, representative bodies of the judiciary, Italian republic, Supreme council of magistrates of the Italian Republic.
Аннотация / Annotation:
The author also gives an account of the competence of the Supreme council in picking up new magistrates, their promotion as well as their disciplinary liability. The article also gives a description of the Supreme council’s role in shaping the structure of the Italian court system as well as promoting effective court functioning.
Ключевые слова / Keywords:
system of courts, judicial power, international experience, representative bodies of the judiciary, Italian republic, Supreme council of magistrates of the Italian Republic.
ZAVRAZHIN A.V. Zavrazhin A.V. – doctor of historical Sciences, Professor
KARMANOV M.V. Karmanov M.V. – doctor of economic Sciences, Professor
Consumer extremism: the concept and characteristics of research
Страницы / Pages: 108-115
Аннотация / Annotation:
The article analyzes different points of view on the understanding of the category “consumer extremism”, the paper describes basic features, specific features and also reveals its place and role in modern society. The author’s approach to comprehensive analysis of consumer extremism as an independent object of applied research.
Ключевые слова / Keywords:
extremism, extremism in society, consumer extremism that evaluation of consumer extremism.
Аннотация / Annotation:
The article analyzes different points of view on the understanding of the category “consumer extremism”, the paper describes basic features, specific features and also reveals its place and role in modern society. The author’s approach to comprehensive analysis of consumer extremism as an independent object of applied research.
Ключевые слова / Keywords:
extremism, extremism in society, consumer extremism that evaluation of consumer extremism.
ILYIN A.A. Ilyin A.A. – Candidate of legal sciences
Professional managers to the legal culture in the education system: the theoretical foundations
Страницы / Pages: 116-121
Аннотация / Annotation:
The article deals with the definition of formation of legal culture of the whole system from the experts and managers of the education system, in particular, it defines the initial parameters of the system, its criteria and ratings. Creating such a system is possible provided identifying the essence of the phenomena studied, and that taken in this article.
Ключевые слова / Keywords:
culture identity, legal culture, education managers, professional and legal culture, education manager.
Аннотация / Annotation:
The article deals with the definition of formation of legal culture of the whole system from the experts and managers of the education system, in particular, it defines the initial parameters of the system, its criteria and ratings. Creating such a system is possible provided identifying the essence of the phenomena studied, and that taken in this article.
Ключевые слова / Keywords:
culture identity, legal culture, education managers, professional and legal culture, education manager.
TUPIKIN R.V.
Tupikin R.V.
–
Foreign experience of contractual regulation of property relations of religious organizations
Страницы / Pages: 122-137
Аннотация / Annotation:
The article investigates the concordats on the status of property religious sites and property relations of religious organizations.
Ключевые слова / Keywords:
civil law, religious real estate, religious organization, concordat.
Аннотация / Annotation:
The article investigates the concordats on the status of property religious sites and property relations of religious organizations.
Ключевые слова / Keywords:
civil law, religious real estate, religious organization, concordat.
PROPASTIN S.V. Propastin S.V. – candidate of Law
Participation in specialist electronic media withdrawal: options for the law enforcer
Страницы / Pages: 138-142
Аннотация / Annotation:
The author of the goal is to look at the current problematic situation from the perspective of the semantic interpretation of the Code of Criminal Procedure and highlight the true meaning of the requirements on the mandatory participation of a specialist in the seizure of the electronic media in the course of search and seizure.
Ключевые слова / Keywords:
electronic media, search, seizure, part expert, internet technology.
PAGES OF HISTORYАннотация / Annotation:
The author of the goal is to look at the current problematic situation from the perspective of the semantic interpretation of the Code of Criminal Procedure and highlight the true meaning of the requirements on the mandatory participation of a specialist in the seizure of the electronic media in the course of search and seizure.
Ключевые слова / Keywords:
electronic media, search, seizure, part expert, internet technology.
BERLYAVSKIY L.G. Berlyavskiy L.G. – Doctor of sciences (History), Candidate of jurisprudence, assistant professor
Legal education reforms in the USA in the end of the XIX-th century: lessons for the present
Страницы / Pages: 143-148
Аннотация / Annotation:
Reforms in legal education in the USA remind of necessity reforming of the Russian legal education that involves in itself the most steadfast public interest. Legal education as the constitutional value is considered from the point of view of combination the public and personal beginnings. The persons rendering the qualified legal assistance, have a number of characteristics of subjects with the special constitutional status.
Ключевые слова / Keywords:
reforms, legal education, USA, constitutional value.
Аннотация / Annotation:
Reforms in legal education in the USA remind of necessity reforming of the Russian legal education that involves in itself the most steadfast public interest. Legal education as the constitutional value is considered from the point of view of combination the public and personal beginnings. The persons rendering the qualified legal assistance, have a number of characteristics of subjects with the special constitutional status.
Ключевые слова / Keywords:
reforms, legal education, USA, constitutional value.
VOYTOVICH L.V. Voytovich L.V. – PhD, Associate professor
SERGEEV I.V.
Sergeev I.V.
–
Transformation of tort liability of the institute in Russia in connection with the First world war
Страницы / Pages: 149-158
Аннотация / Annotation:
The article describes the Institute of tort duty under Russia during the First world war. The changes in the views of its main provisions. Analyzed the rules governing compensation for the citizens of the harm caused to the state. Presents the views of lawyers on the concept of the «impossibility» of performance of obligations, and the concept of «force majeure».
Ключевые слова / Keywords:
law to the First world war, tort law, tort legal relations, obligations, harm, damages, civil liability, tort liability, the state fee.
Аннотация / Annotation:
The article describes the Institute of tort duty under Russia during the First world war. The changes in the views of its main provisions. Analyzed the rules governing compensation for the citizens of the harm caused to the state. Presents the views of lawyers on the concept of the «impossibility» of performance of obligations, and the concept of «force majeure».
Ключевые слова / Keywords:
law to the First world war, tort law, tort legal relations, obligations, harm, damages, civil liability, tort liability, the state fee.
YAKOVLEVA O.N. Yakovleva O.N. – PhD in Law, docent
Role of the ministry of justice of the russian empire the implementation of basic provisions censorship reforms in the XIX century
Страницы / Pages: 159-165
Аннотация / Annotation:
The article deals with the participation of the Ministry of Justice of the Russian Imeri in implementing censorship reform in 1865, which introduced, as is well known, some concessions for the metropolitan press in the form of legal jurisdiction and the derogation of prior censorship. There was a special category of so-called “uncensored” editions. This liberal criterion was the ability to print figures, in the case of detention of publication of “harmful” direction, to defend their interests in court. In 1872 the law was passed, which significantly limited the influence of the judiciary in matters of “uncensored” print. The study of the practice implementation of the main provisions of the reform of censorship in 1865, as well as the review of the activities of the Committee of Ministers, the Ministry of Interior, Ministry of Justice, the General Administration of Press, the capital of censorship committees allows more objectively evaluate the nature of the internal policy of the Russian autocracy, its ideology and collaboration with social institution, as a seal.
Ключевые слова / Keywords:
The Ministry of Justice of the Russian Empire, the Ministry of Internal Affairs of the Russian Empire, the caesura, censorship reform, Censorship Statute.
Аннотация / Annotation:
The article deals with the participation of the Ministry of Justice of the Russian Imeri in implementing censorship reform in 1865, which introduced, as is well known, some concessions for the metropolitan press in the form of legal jurisdiction and the derogation of prior censorship. There was a special category of so-called “uncensored” editions. This liberal criterion was the ability to print figures, in the case of detention of publication of “harmful” direction, to defend their interests in court. In 1872 the law was passed, which significantly limited the influence of the judiciary in matters of “uncensored” print. The study of the practice implementation of the main provisions of the reform of censorship in 1865, as well as the review of the activities of the Committee of Ministers, the Ministry of Interior, Ministry of Justice, the General Administration of Press, the capital of censorship committees allows more objectively evaluate the nature of the internal policy of the Russian autocracy, its ideology and collaboration with social institution, as a seal.
Ключевые слова / Keywords:
The Ministry of Justice of the Russian Empire, the Ministry of Internal Affairs of the Russian Empire, the caesura, censorship reform, Censorship Statute.
RUDNEVA N.V. Rudneva N.V. – the senior lecturer
Regional experience of formation of legal culture of students in the second half of 1960-ies
Страницы / Pages: 166-172
Аннотация / Annotation:
The article examines the experience of formation of legal culture of students of the University, analyzes the impact of ideological-political aspect in the process of educational work-for example, archival materials of the region.
Ключевые слова / Keywords:
legal culture, experience, education, ideology, students.
REVIEWSАннотация / Annotation:
The article examines the experience of formation of legal culture of students of the University, analyzes the impact of ideological-political aspect in the process of educational work-for example, archival materials of the region.
Ключевые слова / Keywords:
legal culture, experience, education, ideology, students.
SINELNIKOVA V.N. Sinelnikova V.N. – doctor of science (Law)
The poor doctor a word: the right doctors
Страницы / Pages: 173-176
Аннотация / Annotation:
This publication is a review of the scientific monograph of A.A. Ponkina and I.V. Ponkin «The rights of doctors» (M.: GEOTAR-Media, 2016, 120 p.).
Ключевые слова / Keywords:
rights of doctors, doctor, medical law, public health, medicine, social rights, professional rights.
Аннотация / Annotation:
This publication is a review of the scientific monograph of A.A. Ponkina and I.V. Ponkin «The rights of doctors» (M.: GEOTAR-Media, 2016, 120 p.).
Ключевые слова / Keywords:
rights of doctors, doctor, medical law, public health, medicine, social rights, professional rights.