Право и образование
№ 11 • 2010
EDUCATIONAL LAW
VETOSHKIN S.A. Vetoshkin S.A. – Professor of the Department for Educational Law, Russian State Professional and Pedagogic University, Doctor of Pedagogy
YAGOFAROV D.A. Yagofarov D.A. – Associate Professor of the Department of Theory of State and Law, Ural State Juridical Academy, PhD in Law
Comments to a Draft of a New Federal Law ‘Education in the Russian Federation’
Страницы / Pages: 4-18
Аннотация / Annotation:
Some articles of the published draft of the Federal Law ‘Education in the Russian Federation’ are analyzed in the article. Critical notes for contents of articles of introductory chapters and the article 15 ‘Higher Education’ of the draft are given; proposals on amendments are made.
Ключевые слова / Keywords:
law, education, law of education, a code of education, a system of education, juridical techniques.
Аннотация / Annotation:
Some articles of the published draft of the Federal Law ‘Education in the Russian Federation’ are analyzed in the article. Critical notes for contents of articles of introductory chapters and the article 15 ‘Higher Education’ of the draft are given; proposals on amendments are made.
Ключевые слова / Keywords:
law, education, law of education, a code of education, a system of education, juridical techniques.
ZHARIKOV S.YU. Zharikov S.Yu. – Head of the Department of Criminal Law and Procedures of MUH, PhD in Law, Associate Professor
Actual Issues of Improvement of Legal Regulation of General Education for Prisoners
Страницы / Pages: 19-25
Аннотация / Annotation:
Challenges of improvement of a process of getting general education by prisoners are considered in the article. Great attention is paid to issues of final attestation of graduates in prisons.
Ключевые слова / Keywords:
prisoners, general education, professional education, final attestation, a correctional facility.
MODERN EDUCATIONАннотация / Annotation:
Challenges of improvement of a process of getting general education by prisoners are considered in the article. Great attention is paid to issues of final attestation of graduates in prisons.
Ключевые слова / Keywords:
prisoners, general education, professional education, final attestation, a correctional facility.
MELNICHENKO R.G. Melnichenko R.G. – Associate Professor of the Department of Theory and History of State and Law of Volgograd Academy of State Service, PhD in Law, Associate Professor
Qualification Examination for Getting a Russian Lawyer Status
Страницы / Pages: 26-39
Аннотация / Annotation:
Analysis of conducting of qualification examinations in chambers of lawyers in Russia is represented in the article. Disadvantages of the existing system are shown and variations of eradication of them are proposed.
Ключевые слова / Keywords:
lawyer, qualification commission, testing, professional knowledge, professional competence, assessment, examination.
Аннотация / Annotation:
Analysis of conducting of qualification examinations in chambers of lawyers in Russia is represented in the article. Disadvantages of the existing system are shown and variations of eradication of them are proposed.
Ключевые слова / Keywords:
lawyer, qualification commission, testing, professional knowledge, professional competence, assessment, examination.
OSIPOV M.YU. Osipov M.Yu. – Researcher of the Institute of Jurisprudence and Management of All-Russian Police Association, PhD in Law
Basic Problems of Improvement of Contents of Juridical Education in case of Usage of a Competence Approach
Страницы / Pages: 40-44
Аннотация / Annotation:
Basic characteristics and contents of drafts of new federal state educational standards in a field of jurisprudence are considered in the article; recommendations for their improvement are given.
Ключевые слова / Keywords:
juridical education, a competence approach, federal state educational standards.
Аннотация / Annotation:
Basic characteristics and contents of drafts of new federal state educational standards in a field of jurisprudence are considered in the article; recommendations for their improvement are given.
Ключевые слова / Keywords:
juridical education, a competence approach, federal state educational standards.
IPATOVA E.R. Ipatova E.R. – Senior Teacher of the Department of Legal Psychology and Juridical Expertise, Ural State Juridical Academy
Personally-Oriented Technology of Development of Social and Professional Mobility of Students
Страницы / Pages: 45-51
Аннотация / Annotation:
A nature of social and professional mobility of students, which is set as a pedagogic strategy, is determined on the basis of analysis of concepts ‘social mobility’ and ‘professional mobility’. Personally oriented technology of development of social and professional mobility of students is represented.
Ключевые слова / Keywords:
social mobility, professional mobility, social and professional mobility, personally oriented technology of development of social and professional mobility of students.
Аннотация / Annotation:
A nature of social and professional mobility of students, which is set as a pedagogic strategy, is determined on the basis of analysis of concepts ‘social mobility’ and ‘professional mobility’. Personally oriented technology of development of social and professional mobility of students is represented.
Ключевые слова / Keywords:
social mobility, professional mobility, social and professional mobility, personally oriented technology of development of social and professional mobility of students.
GRIGORIEV O.V. Grigoriev O.V. – Teacher of Novosibirsk Branch of MUH, PhD in Law
KONONOV A.N. Kononov A.N. – Teacher of Novosibirsk Military Institute for Internal Forces of the Ministry of Internal Affairs of Russia
Interaction between Juridical and Moral Education of Recruits in Military Universities
Страницы / Pages: 52-58
Аннотация / Annotation:
The article covers analysis of interaction between juridical and moral education within the system of military higher education. Conditions, which are necessary for successful implementation of educational tasks in educational process in a military university, are considered.
Ключевые слова / Keywords:
legal consciousness, moral, educational influence, valuable orientations, social and legal settings.
Аннотация / Annotation:
The article covers analysis of interaction between juridical and moral education within the system of military higher education. Conditions, which are necessary for successful implementation of educational tasks in educational process in a military university, are considered.
Ключевые слова / Keywords:
legal consciousness, moral, educational influence, valuable orientations, social and legal settings.
USMANIOV T.M. Usmaniov T.M. – Applicant, Khabarovsk Border Institute of the Federal Security Service of Russia
Psychological and Pedagogic Aspects of Development of Reflective Culture of Recruits in a Military University
Страницы / Pages: 59-66
Аннотация / Annotation:
The article covers description of a role of reflective culture in personal and professional development of recruits in military educational institutions.
Ключевые слова / Keywords:
reflection, reflective culture, personal and professional development.
Аннотация / Annotation:
The article covers description of a role of reflective culture in personal and professional development of recruits in military educational institutions.
Ключевые слова / Keywords:
reflection, reflective culture, personal and professional development.
SHEVCHENKO O.V. Shevchenko O.V. – Doctor’s Degree Student of the Department of Philosophy and Religious Studies of the Military University of Moscow Region, PhD in Philosophy
Spiritual Traditions of Social Education of a Personality
Страницы / Pages: 67-73
Аннотация / Annotation:
Basic essential differences of spiritual traditions of social education of a personality, such as succession, periodicity, sustainability, mass dissemination, high emotionality of demonstration, social determination, axiological character, which are implemented in functioning of Russian society, are shown in the article.
Ключевые слова / Keywords:
traditions, spiritual traditions, essential differences, social education, Russian society.
DISCUSSING THE PROBLEM Аннотация / Annotation:
Basic essential differences of spiritual traditions of social education of a personality, such as succession, periodicity, sustainability, mass dissemination, high emotionality of demonstration, social determination, axiological character, which are implemented in functioning of Russian society, are shown in the article.
Ключевые слова / Keywords:
traditions, spiritual traditions, essential differences, social education, Russian society.
TROFIMOV V.D. Trofimov V.D. – PhD in Law, Associate Professor
A Project of the Federal Law ‘Security: Expert Assessment and Constructive Proposals’
Страницы / Pages: 74-87
Аннотация / Annotation:
The article includes critical comments to a draft of the Federal law ‘Security’ introduced by the President of the Russian Federation to the State Duma of the Federal Assembly of the Russian Federation. An author together with an expert assessment of fundamentals of a draft gives constructive proposals focused on improvement of a draft contents. A concept ‘national security’ is explained in the article; practicability of legislative consolidation of a legal principle of state’s activity such as support of national security is proved; the functions of the Security Council of the Russian Federation and a structure of a legal mechanism of support of national security in a country are shown.
Ключевые слова / Keywords:
national security, legislative support of national security.
Аннотация / Annotation:
The article includes critical comments to a draft of the Federal law ‘Security’ introduced by the President of the Russian Federation to the State Duma of the Federal Assembly of the Russian Federation. An author together with an expert assessment of fundamentals of a draft gives constructive proposals focused on improvement of a draft contents. A concept ‘national security’ is explained in the article; practicability of legislative consolidation of a legal principle of state’s activity such as support of national security is proved; the functions of the Security Council of the Russian Federation and a structure of a legal mechanism of support of national security in a country are shown.
Ключевые слова / Keywords:
national security, legislative support of national security.
SAZONNIKOVA E.V. Sazonnikova E.V. – Associate Professor of the Department of Constitutional Law of Russia and Foreign Countries of the Faculty of Law, Voronezh State University, PhD in Law
Popularization of Legal Science in Russia
Страницы / Pages: 88-93
Аннотация / Annotation:
The article covers problems of popularization of legal sciences. An author explains a concept, reasons, types, target groups, risks of implementation, formats and methods of action and a value of popularization of law. An author concludes that popularization of law is inadequately represented in masses and it is necessary to develop this way of enlightenment.
Ключевые слова / Keywords:
education, law, popularization, knowledge, interesting science.
Аннотация / Annotation:
The article covers problems of popularization of legal sciences. An author explains a concept, reasons, types, target groups, risks of implementation, formats and methods of action and a value of popularization of law. An author concludes that popularization of law is inadequately represented in masses and it is necessary to develop this way of enlightenment.
Ключевые слова / Keywords:
education, law, popularization, knowledge, interesting science.
GRIGORIEV O.V. Grigoriev O.V. – Teacher of Theory and History of State and Law, Novosibirsk Military Institute for Internal Forces of the Ministry of Internal Affairs of Russia, PhD in Law
A System of Military Tribunals in Modern Russia
Страницы / Pages: 94-103
Аннотация / Annotation:
Problems of development of military court system are considered in the article; basic parameters of Russian legislation, which regulates establishment of military tribunals in modern Russia, are described; basic reasons of violations in terms of examination of criminal and civil cases are explained.
Ключевые слова / Keywords:
military tribunals, organs of military justice, a status of military men, jurisdiction, authorities, Juridical Department, Military Division of the Supreme Court, garrison tribunals, a counterterrorism operation.
Аннотация / Annotation:
Problems of development of military court system are considered in the article; basic parameters of Russian legislation, which regulates establishment of military tribunals in modern Russia, are described; basic reasons of violations in terms of examination of criminal and civil cases are explained.
Ключевые слова / Keywords:
military tribunals, organs of military justice, a status of military men, jurisdiction, authorities, Juridical Department, Military Division of the Supreme Court, garrison tribunals, a counterterrorism operation.
KOLOSOVICH O.S. Kolosovich O.S. – Associate Professor of the Department of Criminal Procedure, Volgograd Academy of the Ministry of Internal Affairs of Russia, PhD in Law
VOLKOLUPOVA V.A. Volkolupova V.A. – Senior Teacher of the Department of Criminal Law, Volgograd Academy of the Ministry of Internal Affairs of Russia, PhD in Law
Basic Tendencies of Development of a System of Criminal Regulation, Setting Responsibility of Authorities for Crimes Committed by Abuse of Official Position and Challenges for its Improvement
Страницы / Pages: 104-113
Аннотация / Annotation:
Actual problems of development of legal means for fighting against corruption crimes, committed by authorities, are considered in the article. Authors analyze basic tendencies in development of a system of criminal regulation, assigning responsibility for crimes committed by abuse of official position and on this basis determine future ways of improvement. It is proposed to reconstruct in the Criminal Code of the Russian Federation as components of a crime a theft of property though abuse of official position by managers in commercial and other organizations.
Ключевые слова / Keywords:
authorities, corruption, abuse of official position, classification of crimes, aggregate of crimes, a special subject, managing persons in a commercial or other organization.
Аннотация / Annotation:
Actual problems of development of legal means for fighting against corruption crimes, committed by authorities, are considered in the article. Authors analyze basic tendencies in development of a system of criminal regulation, assigning responsibility for crimes committed by abuse of official position and on this basis determine future ways of improvement. It is proposed to reconstruct in the Criminal Code of the Russian Federation as components of a crime a theft of property though abuse of official position by managers in commercial and other organizations.
Ключевые слова / Keywords:
authorities, corruption, abuse of official position, classification of crimes, aggregate of crimes, a special subject, managing persons in a commercial or other organization.
TITOV M.K. Titov M.K. – Head of Scientific and Research Laboratory of the Center of Military and Scientific Information of the Military University, PhD in Sociology
Problems of Institutionalization of Rules and Limitations, which Regulate Activity of Subjects in Political Conflict Resolution
Страницы / Pages: 114-122
Аннотация / Annotation:
The article covers institutional mechanisms of political conflicts resolution. Great attention is paid to differentiate formal and informal institutes, which influence of conflict behavior of political subjects, and to consider a genesis of each type of institute. Reasons of increasing a role of informal institutes in conflict resolution are considered.
Ключевые слова / Keywords:
actor, institutionalization, informal institute, political conflict, formal institute.
ISSUES OF PEDAGOGYАннотация / Annotation:
The article covers institutional mechanisms of political conflicts resolution. Great attention is paid to differentiate formal and informal institutes, which influence of conflict behavior of political subjects, and to consider a genesis of each type of institute. Reasons of increasing a role of informal institutes in conflict resolution are considered.
Ключевые слова / Keywords:
actor, institutionalization, informal institute, political conflict, formal institute.
PETRENKO A.S. Petrenko A.S. – Senior Teacher of the Department of Human and Social and Economic Disciplines KhPI FSS of Russia, PhD in Pedagogy
Development of a Theory of Pedagogic Culture of an Officer in Russian Military Pedagogy in the second half of 20th century
Страницы / Pages: 123-130
Аннотация / Annotation:
Issues concerning development of a theory of pedagogic culture of an officer in Russian military pedagogy of 20th century are considered in the article. An author represents initial fundamentals, categorical and conceptual parameters, and conceptual core as basic theoretical fundamentals, and generalizes procedural-technological level.
Ключевые слова / Keywords:
theory, culture, pedagogic culture, an officer.
Аннотация / Annotation:
Issues concerning development of a theory of pedagogic culture of an officer in Russian military pedagogy of 20th century are considered in the article. An author represents initial fundamentals, categorical and conceptual parameters, and conceptual core as basic theoretical fundamentals, and generalizes procedural-technological level.
Ключевые слова / Keywords:
theory, culture, pedagogic culture, an officer.
ANTONENKO S.A. Antonenko S.A. – Teacher of the Department of Information Technologies and Communication of Khabarovsk Border Institute of the Federal Security Service of Russia
Pedagogic Values in Russian Pedagogy in the end of 50ies-the beginning of 60ies of 20th century
Страницы / Pages: 131-136
Аннотация / Annotation:
The article covers pedagogic values in Russian pedagogy in the end of 50ies-the beginning of 60ies of 20th century and described historic prerequisites, which influences on their establishment. Some issues of pedagogy, which are governed by social, cultural and political conditions of this epoch, are set in the article. Author focuses attention on human values existing in Soviet pedagogy despite communism ideology.
Ключевые слова / Keywords:
pedagogic values, socialistic humanism, technocratic approach, spiritual worth, spiritual values, inherent worth.
SCIENTIFIC DEBUTАннотация / Annotation:
The article covers pedagogic values in Russian pedagogy in the end of 50ies-the beginning of 60ies of 20th century and described historic prerequisites, which influences on their establishment. Some issues of pedagogy, which are governed by social, cultural and political conditions of this epoch, are set in the article. Author focuses attention on human values existing in Soviet pedagogy despite communism ideology.
Ключевые слова / Keywords:
pedagogic values, socialistic humanism, technocratic approach, spiritual worth, spiritual values, inherent worth.
MAGOMEDRASULOV M.M. Magomedrasulov M.M. – Applicant for the Department of Theory of State and Law of Moscow University of the Ministry of Internal Affairs of Russia
A System of Principles of a Legal State as a Basis of Qualitative Characteristics of State Law Enforcement
Страницы / Pages: 137-143
Аннотация / Annotation:
The article covers determination of economic dependence between principal fundamentals of functioning of a legal state and changing of contents and direction of a system of state and legal enforcement and development of seamless connections with other forms of social regulation and stimulation of legal behavior and law.
Ключевые слова / Keywords:
legal state, enforcement, principles, a system, state enforcement, legal enforcement.
Аннотация / Annotation:
The article covers determination of economic dependence between principal fundamentals of functioning of a legal state and changing of contents and direction of a system of state and legal enforcement and development of seamless connections with other forms of social regulation and stimulation of legal behavior and law.
Ключевые слова / Keywords:
legal state, enforcement, principles, a system, state enforcement, legal enforcement.
VLASOVA L.V. Vlasova L.V. – Researcher of Amur Regional Museum in the name of G.S. Novikov-Daurskiy
Ideas of Orthodox Education in Works of St John Chrysostom
Страницы / Pages: 144-150
Аннотация / Annotation:
Ideas of Orthodox education, formulated by St. John Chrysostom in his work, and their actuality in modern times are considered in the article.
Ключевые слова / Keywords:
God, virtue, soul, confession, Orthodox, church.
Аннотация / Annotation:
Ideas of Orthodox education, formulated by St. John Chrysostom in his work, and their actuality in modern times are considered in the article.
Ключевые слова / Keywords:
God, virtue, soul, confession, Orthodox, church.
PANFILOV A.F. Panfilov A.F. – Postgraduate Student of the Department of Civil Law of the Modern University for the Humanities
Legal Regulation of Public Relations in Owing, Using, and Disposing of a Motor-Car
Страницы / Pages: 151-158
Аннотация / Annotation:
Public relations in a field of civil and legal protection of owner’s rights and their responsibilities, lacks of the existing legislation and ways of its improvement focused on protection of legal rights and interests of owner-drivers.
Ключевые слова / Keywords:
the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the State Automobile Inspection, proprietary rights, direct authority, rights of owners-drivers, responsibilities of owners-drivers, a motor-car, property.
Аннотация / Annotation:
Public relations in a field of civil and legal protection of owner’s rights and their responsibilities, lacks of the existing legislation and ways of its improvement focused on protection of legal rights and interests of owner-drivers.
Ключевые слова / Keywords:
the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the State Automobile Inspection, proprietary rights, direct authority, rights of owners-drivers, responsibilities of owners-drivers, a motor-car, property.
KHLEBODAROV S.A. Khlebodarov S.A. – Teacher Syzran’ Medical College
Legal Fundamentals of District Council’s Activity in a field of Medicine
Страницы / Pages: 159-166
Аннотация / Annotation:
The article covers consideration of the legislation, which regulated district council’s activity in a field of medicine and sanitary. Great attention is paid to medical Statutes dated 1857, 1882, 1905 years. Functions of doctors, paramedics, midwives are analyzed. Mandatory and discretionary rules of activity of medical staff are considered.
Ключевые слова / Keywords:
district council, medical statutes, district medicine, doctors, paramedics, midwives.
Аннотация / Annotation:
The article covers consideration of the legislation, which regulated district council’s activity in a field of medicine and sanitary. Great attention is paid to medical Statutes dated 1857, 1882, 1905 years. Functions of doctors, paramedics, midwives are analyzed. Mandatory and discretionary rules of activity of medical staff are considered.
Ключевые слова / Keywords:
district council, medical statutes, district medicine, doctors, paramedics, midwives.
ALAVERDOV O.S. Alaverdov O.S. – Postgraduate Student of North-Caucasian Social Institute
Dissemination of Compromising Information via Internet: Criminal and Legal Aspect
Страницы / Pages: 167-173
Аннотация / Annotation:
The article covers an issue of dissemination of compromising information via Internet. Articles of the Criminal Code concerning this category of crimes are systemized. Issues of consideration of Internet resources as a special form of mass media are investigated; proposals on introduction of alterations into Russian legislation are given.
Ключевые слова / Keywords:
constitutional rights, dissemination, disclosure, Internet site, mass media, a crime, a provider.
Аннотация / Annotation:
The article covers an issue of dissemination of compromising information via Internet. Articles of the Criminal Code concerning this category of crimes are systemized. Issues of consideration of Internet resources as a special form of mass media are investigated; proposals on introduction of alterations into Russian legislation are given.
Ключевые слова / Keywords:
constitutional rights, dissemination, disclosure, Internet site, mass media, a crime, a provider.