Право и образование
№ 11 • 2011
EDUCATIONAL LAW
KUROV S.V. Kurov S.V. – Associate Professor of the Russian Academy of National Economy and State Service under the President of the Russian Federation, Honored Teacher of the Russian Federation, PhD in Law
Protection of Rights and Interests of Subjects in a Sphere of Education: Factors of Influence
Страницы / Pages: 4-15
Аннотация / Annotation:
Factors influencing on development of theoretical and legal fundament of legal protection of subjects in a sphere of education are analyzed in the article; their specifics and meaning for determining a nature and content of protection are developed. The great attention is paid to a social conflict as an epistemological basis for arising protection of broken and disputed rights and legal interests of subjects in a sphere of education.
Ключевые слова / Keywords:
a social conflict, a legal conflict, legal protection of rights and interests, a sphere of education, protection of rights of subjects in a sphere of education.
Аннотация / Annotation:
Factors influencing on development of theoretical and legal fundament of legal protection of subjects in a sphere of education are analyzed in the article; their specifics and meaning for determining a nature and content of protection are developed. The great attention is paid to a social conflict as an epistemological basis for arising protection of broken and disputed rights and legal interests of subjects in a sphere of education.
Ключевые слова / Keywords:
a social conflict, a legal conflict, legal protection of rights and interests, a sphere of education, protection of rights of subjects in a sphere of education.
BAIKIN T.A. Baikin T.A. – PhD in Law
Legal Regulation of Relations in a Sphere of Education: A Social and Economic Aspect
Страницы / Pages: 16-20
Аннотация / Annotation:
General characteristics of such poorly studied but multiple-aspect problem as influence of law on educational processes of social life is given in the article. The great attention is paid to social and economic factors of quality of education within the context of influencing legal regulators. Also the author concludes that education is not only a subject of legal regulation but an element forming potential of legal mechanisms and effectiveness of their application.
Ключевые слова / Keywords:
education, a law, a force of law, state and legal regulation, a social and economic component of educational policy.
Аннотация / Annotation:
General characteristics of such poorly studied but multiple-aspect problem as influence of law on educational processes of social life is given in the article. The great attention is paid to social and economic factors of quality of education within the context of influencing legal regulators. Also the author concludes that education is not only a subject of legal regulation but an element forming potential of legal mechanisms and effectiveness of their application.
Ключевые слова / Keywords:
education, a law, a force of law, state and legal regulation, a social and economic component of educational policy.
KIRILLOVYKH A.A. Kirillovykh A.A. – Jurist Consult of Vyatka State Agricultural Academy, Teacher of Saint-Petersburg Institute of Foreign Economic Relations, Economy and Law, Kirov Branch
A University in a Legislation of a High School (Legal Analysis of Status of Moscow State University and Saint-Petersburg State University)
Страницы / Pages: 21-34
Аннотация / Annotation:
Main changes and amendments in educational legislation within the frameworks of adopted special legal basis developed for legal and academic status of two leading Russian Universities namely Moscow State University and Saint-Petersburg State University are shown and analyzed in the article.
Ключевые слова / Keywords:
a special legislation, a legal status, a classical university, a scientific and educational complex, a budgetary institution, an organizational structure, rector’s authorities, academic autonomy, educational standards, documents of education.
Аннотация / Annotation:
Main changes and amendments in educational legislation within the frameworks of adopted special legal basis developed for legal and academic status of two leading Russian Universities namely Moscow State University and Saint-Petersburg State University are shown and analyzed in the article.
Ключевые слова / Keywords:
a special legislation, a legal status, a classical university, a scientific and educational complex, a budgetary institution, an organizational structure, rector’s authorities, academic autonomy, educational standards, documents of education.
SHKUNOV V.N. LEADING SCIENTISTS OF POVOLZHSK BRANCH OF THE INSTITUTE OF RUSSIAN HISTORY OF THE RUSSIAN ACADEMY OF SCIENCES Shkunov V.N. Leading Scientists of Povolzhsk Branch of the Institute of Russian History of the Russian Academy of Sciences – Doctor of Pedagogy
Development of a Regional Educational Center in Manipur
Страницы / Pages: 35-39
Аннотация / Annotation:
India is one of the largest federations in the world, where the process of administrative and territorial division has not settled yet. Arising new entities, complicated relations between a center and regions influence on specifics of development of Indian educational law. Specifics of development of regional educational law in Manipur state are considered.
Ключевые слова / Keywords:
India, Manipur state, professional education, an educational law, a regional legislation.
Аннотация / Annotation:
India is one of the largest federations in the world, where the process of administrative and territorial division has not settled yet. Arising new entities, complicated relations between a center and regions influence on specifics of development of Indian educational law. Specifics of development of regional educational law in Manipur state are considered.
Ключевые слова / Keywords:
India, Manipur state, professional education, an educational law, a regional legislation.
MARKEEV A.I. Markeev A.I. – Deputy Director of the Department for Constitutional and Municipal Law of GOU VPO ‘Siberian Academy for the State Service’ PhD in Law, Associate Professor
Legal Regulation of Access to Documents in Common Libraries
Страницы / Pages: 40-48
Аннотация / Annotation:
One of the tasks of libraries is using documents from library’s funds. Here we have some legal limitations for protection of rights of those people, who have intellectual rights on documents used by libraries. This article is related to novels in the legislation of Russia containing the results of intellectual activity.
Ключевые слова / Keywords:
a document, an access to documents, a library, results of intellectual activity, legal regulation.
EDUCATION: EXPERIENCE AND PRACTICE Аннотация / Annotation:
One of the tasks of libraries is using documents from library’s funds. Here we have some legal limitations for protection of rights of those people, who have intellectual rights on documents used by libraries. This article is related to novels in the legislation of Russia containing the results of intellectual activity.
Ключевые слова / Keywords:
a document, an access to documents, a library, results of intellectual activity, legal regulation.
PODOLSKAYA T.A. Podolskaya T.A. – Head of the Department of Economics, Law and Management of the Institute for Professional Training of State Officers, Doctor of Psychology, Professor
IDOBAEVA O.A. Idobaeva O.A. – Associate Professor of the Medical Faculty of Obninsk Institute for Nuclear Energy of the National Research Nuclear University of MIFI, PhD in Psychology, Associate Professor
Practically-Oriented Psychological Disciplines within a System of Supplementary Professional Education of State Officers
Страницы / Pages: 49-57
Аннотация / Annotation:
High level of qualification is mainly supported by a system of supplementary professional training of state officers, which should be dynamic and flexible one and reacts operatively on actual state problems. Ways and abilities of usage of practically-oriented psychological disciplines in various forms of supplementary professional training are considered in the article.
Ключевые слова / Keywords:
supplementary professional training, practically-oriented psychological disciplines, psychological competence, self-actualization, mental and emotional wealth.
Аннотация / Annotation:
High level of qualification is mainly supported by a system of supplementary professional training of state officers, which should be dynamic and flexible one and reacts operatively on actual state problems. Ways and abilities of usage of practically-oriented psychological disciplines in various forms of supplementary professional training are considered in the article.
Ключевые слова / Keywords:
supplementary professional training, practically-oriented psychological disciplines, psychological competence, self-actualization, mental and emotional wealth.
KHRAPENKO I.B. Khrapenko I.B. – Dean of the Psychological Faculty of NOU VPO Murmansk Institute for the Humanities, PhD in Psychology
Abilities of Supplementary Education in Professional Development of a Modern Psychologist
Страницы / Pages: 58-68
Аннотация / Annotation:
Abilities of supplementary education in training and retraining and psychologists are considered in the article. A model of implementation of a program of supplementary education on basis of a university psychological faculty in various stags of professionalization of a specialist is given in the article. Its psychological characteristics and consideration are provided.
Ключевые слова / Keywords:
supplementary education, a model of supplementary education, professional self-actualization, professional education, retraining, professional training.
Аннотация / Annotation:
Abilities of supplementary education in training and retraining and psychologists are considered in the article. A model of implementation of a program of supplementary education on basis of a university psychological faculty in various stags of professionalization of a specialist is given in the article. Its psychological characteristics and consideration are provided.
Ключевые слова / Keywords:
supplementary education, a model of supplementary education, professional self-actualization, professional education, retraining, professional training.
OSIPOV M.YU. Osipov M.Yu. – Senior Researcher of the Institute of Jurisprudence and Administration of All-Russian Police Association, PhD in Law
Problems of Improvement of Competitions for Entering Postgraduate Studies in Modernization of Higher Education
Страницы / Pages: 69-72
Аннотация / Annotation:
A problem of improvement of competitions for entering postgraduate studies is one of actual problems in a sphere of post-university professional education. Main problems of entering to postgraduate studies and their solution are represented in the article.
Ключевые слова / Keywords:
post-university education, competitions, postgraduate studies, a scientific and teaching staff.
Аннотация / Annotation:
A problem of improvement of competitions for entering postgraduate studies is one of actual problems in a sphere of post-university professional education. Main problems of entering to postgraduate studies and their solution are represented in the article.
Ключевые слова / Keywords:
post-university education, competitions, postgraduate studies, a scientific and teaching staff.
POLOZOV N.A. Polozov N.A. – Postgraduate Student of the Department of Public Law of All-Russian Academy of Foreign Trade of the Ministry for Economy and Development of the Russian Federation
Legal Regulation of a Trans-European Partnership Program in a Field of Higher Education – TEMPUS
Страницы / Pages: 73-80
Аннотация / Annotation:
The article covers legal fundamentals of the program Tempus set by the European community for aid of the Eastern European States in reforming of a system of higher education. European experience of legal regulation of financial and technical aid in a field of education, and analysis of existing sources of law in EU in this field within the context of the reform of external financial instruments conducted in EU states is considered.
Ключевые слова / Keywords:
TEMPUS program, European Union, a financial instrument, higher education, European policy of neighborhood.
A THEORY OF LAW Аннотация / Annotation:
The article covers legal fundamentals of the program Tempus set by the European community for aid of the Eastern European States in reforming of a system of higher education. European experience of legal regulation of financial and technical aid in a field of education, and analysis of existing sources of law in EU in this field within the context of the reform of external financial instruments conducted in EU states is considered.
Ключевые слова / Keywords:
TEMPUS program, European Union, a financial instrument, higher education, European policy of neighborhood.
ZOLOTUKHINA T.A. Zolotukhina T.A. – Senior Teacher of the Department of Civil and Legal Disciplines of Rostov Branch of the Russian Academy of Justice, PhD in Law
A Ratio between Legal Constructions ‘Lawmaking’ and ‘Legislation’
Страницы / Pages: 81-87
Аннотация / Annotation:
Legal categories ‘lawmaking’ and ‘legislation’ are considered and their legal contents are determined. The research is based on the analysis of theoretical aspects of a concept ‘law’.
Ключевые слова / Keywords:
a law, legislation, a legal act, lawmaking, a lawmaking process, a lawmaking organ.
Аннотация / Annotation:
Legal categories ‘lawmaking’ and ‘legislation’ are considered and their legal contents are determined. The research is based on the analysis of theoretical aspects of a concept ‘law’.
Ключевые слова / Keywords:
a law, legislation, a legal act, lawmaking, a lawmaking process, a lawmaking organ.
MALINOVSKIY L.F. HEAD OF THE DEPARTMENT OF ECONOMICS OF A NEW JURIDICAL INSTITUTE Malinovskiy L.F. Head of the Department of Economics of a New Juridical Institute – PhD in Economics, Associate Professor
Some Institutional Fundamentals of a Nature of the State
Страницы / Pages: 88-97
Аннотация / Annotation:
Some conceptual fundamentals of the state and state regulation from the position of a modern institutional theory are considered in the article. The author represents institutional reasons for selecting key spheres of state administration and analyzes contract and predatory concepts of the state.
Ключевые слова / Keywords:
an institutional theory, formal and informal rules, transaction costs, cultural homogeny, personalized and non-personalized exchange, a principal gent, a dilemma of punishment, a free rider problem, a paradox of subject, a contract and predatory concepts of the state.
Аннотация / Annotation:
Some conceptual fundamentals of the state and state regulation from the position of a modern institutional theory are considered in the article. The author represents institutional reasons for selecting key spheres of state administration and analyzes contract and predatory concepts of the state.
Ключевые слова / Keywords:
an institutional theory, formal and informal rules, transaction costs, cultural homogeny, personalized and non-personalized exchange, a principal gent, a dilemma of punishment, a free rider problem, a paradox of subject, a contract and predatory concepts of the state.
PANCHENKO V.YU. Panchenko V.Yu. – Associate Professor of the Department of a Theory of State and Law of Siberian Federal University, PhD in Law
Modern Legal Understanding and Legal Aid as a Guarantee of Human Rights
Страницы / Pages: 98-109
Аннотация / Annotation:
The article covers issues of modern understanding of law concerning to such a mean of support of human rights and freedoms as legal aid. The author analyzes a series of modern approaches to legal understanding (anthropocentric, instrumental, communicative and dialogical approaches) and their role in cognition and explanation of a phenomenon of legal aid and concludes of necessity of integrative understanding of law.
Ключевые слова / Keywords:
understanding of a law, legal aid, anthropocentric approach to a law, an instrumental theory of law, a communicative theory of law, a dialogical theory of law, integrative legal understanding.
DISCUSSING A PROBLEM Аннотация / Annotation:
The article covers issues of modern understanding of law concerning to such a mean of support of human rights and freedoms as legal aid. The author analyzes a series of modern approaches to legal understanding (anthropocentric, instrumental, communicative and dialogical approaches) and their role in cognition and explanation of a phenomenon of legal aid and concludes of necessity of integrative understanding of law.
Ключевые слова / Keywords:
understanding of a law, legal aid, anthropocentric approach to a law, an instrumental theory of law, a communicative theory of law, a dialogical theory of law, integrative legal understanding.
MILINCHUK V. . Milinchuk V. . – PhD in Law
Modern Legal Fundamentals and Mechanisms for Support International and Legal Responsibility of States in Fighting against Criminality
Страницы / Pages: 110-120
Аннотация / Annotation:
The article covers a problem of new approaches to a concept of international and legal responsibility. An analysis of wide used concepts ‘general’ and ‘mutual’ responsibility of the state is conducted. The great attention is paid to a research of challenges of application of appropriate legal mechanisms in a sphere of fighting against criminality.
Ключевые слова / Keywords:
responsibility, supreme of the law, sovereignty.
Аннотация / Annotation:
The article covers a problem of new approaches to a concept of international and legal responsibility. An analysis of wide used concepts ‘general’ and ‘mutual’ responsibility of the state is conducted. The great attention is paid to a research of challenges of application of appropriate legal mechanisms in a sphere of fighting against criminality.
Ключевые слова / Keywords:
responsibility, supreme of the law, sovereignty.
VANEEV O.N. Vaneev O.N. – Advisor of Expert and Legal Administration of the Legislative Assembly of Krasnoyarsk Region, PhD in Law
A Problem of Anti-Corruption Monitoring of Activity of Local Governments
Страницы / Pages: 121-127
Аннотация / Annotation:
Problems of anti-corruption monitoring of activity of local governments (in Krasnoyarsk region) are considered. Problems in activity of local governments in anti-corruption sphere are set; proposals in improvement of anti-corruption monitoring are given.
Ключевые слова / Keywords:
a law, anti-corruption, anti-corruption monitoring, local governments.
Аннотация / Annotation:
Problems of anti-corruption monitoring of activity of local governments (in Krasnoyarsk region) are considered. Problems in activity of local governments in anti-corruption sphere are set; proposals in improvement of anti-corruption monitoring are given.
Ключевые слова / Keywords:
a law, anti-corruption, anti-corruption monitoring, local governments.
IBRAGIMOV K.KH. Ibragimov K.Kh. – Doctor’s Degree Student the Russian Legal Academy of the Ministry of Justice of the Russian Federation, Doctor of Agriculture, PhD in Law,, Professor
Legal and Economic Mechanisms of State Regulation of Safety of Fertility of Agricultural Lands
Страницы / Pages: 128-135
Аннотация / Annotation:
The article covers analysis of legal and economic mechanisms of state regulation of safety of fertility of agricultural lands conducted on the basis of three federal target programs adopted in 1992-2006. A definition of ‘legal mechanism’ concerning protection of agricultural lands is given. Disadvantages of legal mechanisms of the given programs are shown and measures of improvement are proposed.
Ключевые слова / Keywords:
agricultural lands, land fertility, a legal mechanism, state regulation, reproduction, interaction.
Аннотация / Annotation:
The article covers analysis of legal and economic mechanisms of state regulation of safety of fertility of agricultural lands conducted on the basis of three federal target programs adopted in 1992-2006. A definition of ‘legal mechanism’ concerning protection of agricultural lands is given. Disadvantages of legal mechanisms of the given programs are shown and measures of improvement are proposed.
Ключевые слова / Keywords:
agricultural lands, land fertility, a legal mechanism, state regulation, reproduction, interaction.
LANTSIEVICH YU.M. Lantsievich Yu.M. – Senior Researcher of the Academy of Administration of the Ministry of Internal Affairs of Russia
Specifics of a Legal Institute of Anti-Corruption Expertise of Legal Acts and Their Drafts
Страницы / Pages: 136-144
Аннотация / Annotation:
Specifics of a legal institute of anti-corruption expertise of legal acts and their drafts are considered in eth article. The author states that a key component of specifics of this or that expertise of a legal act is methods of its conduction.
Ключевые слова / Keywords:
a legal institute, anti-corruption expertise, legal acts, a method.
Аннотация / Annotation:
Specifics of a legal institute of anti-corruption expertise of legal acts and their drafts are considered in eth article. The author states that a key component of specifics of this or that expertise of a legal act is methods of its conduction.
Ключевые слова / Keywords:
a legal institute, anti-corruption expertise, legal acts, a method.
SHEVCHENKO O.V. Shevchenko O.V. – Doctor’s Degree Student of the Department of Philosophy and Religion Studies of the Military University of Moscow Region PhD
Mental Fundamentals of Spiritual Traditions of Modern Russian Society and Army
Страницы / Pages: 145-152
Аннотация / Annotation:
Main content specifics of mental basis of spiritual traditions of modern Russian society and army are represented; a series of conclusions of methodological principles is made.
Ключевые слова / Keywords:
traditions, spiritual traditions, mental fundamentals, Russian society, army.
Аннотация / Annotation:
Main content specifics of mental basis of spiritual traditions of modern Russian society and army are represented; a series of conclusions of methodological principles is made.
Ключевые слова / Keywords:
traditions, spiritual traditions, mental fundamentals, Russian society, army.
VLASOV V.A. Vlasov V.A. – Deputy Director of the Legal Institute in Scientific and Research Work of the Institute of Law of Krasnoyarsk State Agrarian University, PhD in Law, Associate Professor
TROYANOV N.I. Troyanov N.I. – Deputy Director of the Department of Municipal Property and Lands Krasnoyarsk
Alienation of the Real Estate Leased by Small and Medium Business and Owned by Legal Entities of the Russian Federation and Municipal Real Estate: Issues of Theory and Practice
Страницы / Pages: 153-162
Аннотация / Annotation:
The article covers analysis of existing legal statements of the Federal Law No. 159-FZ ‘Specifics of Alienation of the Real Estate Rent by Small and Medium Business and Owned by Legal Entities of the Russian Federation and Municipal Real Estate, and Amendments in Regulations of the Russian Federation’ dated July 22, 2008, and application practice in Krasnoyarsk-city. Authors pay attention to problem aspects of this legal act.
Ключевые слова / Keywords:
privatization, real estate, state property of the legal entities of the Russian Federation, municipal property, subjects of small and medium business, a tenant, a privilege right, redemption of leasing assets, Krasnoyarsk, a department.
A SCIENTIFIC DEBUT Аннотация / Annotation:
The article covers analysis of existing legal statements of the Federal Law No. 159-FZ ‘Specifics of Alienation of the Real Estate Rent by Small and Medium Business and Owned by Legal Entities of the Russian Federation and Municipal Real Estate, and Amendments in Regulations of the Russian Federation’ dated July 22, 2008, and application practice in Krasnoyarsk-city. Authors pay attention to problem aspects of this legal act.
Ключевые слова / Keywords:
privatization, real estate, state property of the legal entities of the Russian Federation, municipal property, subjects of small and medium business, a tenant, a privilege right, redemption of leasing assets, Krasnoyarsk, a department.
MEDVEDV E.V. Medvedv E.V. – Postgraduate Student of the International Legal Institute
Standards of Human Rights and Freedoms: Problems of a Ratio between Transnational and Interstate Interpretation
Страницы / Pages: 163-170
Аннотация / Annotation:
The article covers interpretation of standards of human rights and freedoms in the Russian Federation.
Ключевые слова / Keywords:
the Constitution of the Russian Federation, a legal position, of the Constitutional Court of the Russian Federation, European Courts on Human Rights, human rights and freedoms.
Аннотация / Annotation:
The article covers interpretation of standards of human rights and freedoms in the Russian Federation.
Ключевые слова / Keywords:
the Constitution of the Russian Federation, a legal position, of the Constitutional Court of the Russian Federation, European Courts on Human Rights, human rights and freedoms.
PANKOV A.YU. Pankov A.Yu. – MUH Postgraduate Student, Teacher of the Department of General Human Disciplines of Russian State Social University
Russian Doctrine and Law Enforcement Practice of Understanding and Signs and a Subject of a Contract of Surety
Страницы / Pages: 171-181
Аннотация / Annotation:
Problems of Russian doctrines and law enforcement practice of a concept, signs and a subject of a contract of surety are considered in the article. Specifics of a construction of a contract of surety and its subjects in existing legislation of the Russian Federation are explored. Juridical facts, with which amendments and termination of this contract and parties’ rights and responsibilities are related to, are analyzed.
Ключевые слова / Keywords:
a contract of surety, a bargain, a guarantor, a lawyer, bargain conditions, a doctrine.
Аннотация / Annotation:
Problems of Russian doctrines and law enforcement practice of a concept, signs and a subject of a contract of surety are considered in the article. Specifics of a construction of a contract of surety and its subjects in existing legislation of the Russian Federation are explored. Juridical facts, with which amendments and termination of this contract and parties’ rights and responsibilities are related to, are analyzed.
Ключевые слова / Keywords:
a contract of surety, a bargain, a guarantor, a lawyer, bargain conditions, a doctrine.