Право и образование
№ 11 • 2012
PROBLEMS OF EDUCATION
SELIVERSTOVA O.I. Seliverstova O.I. – Head of the Sector for Research Works of the Federal Center of Educational Legislation, PhD in Law
Legal Regulation of Educational Services within the Context of WTO Access of Russia
Страницы / Pages: 4-16
Аннотация / Annotation:
An analysis of legal regulation of a sphere of educational services in the Russian Federation related to incurrence covenants adopted by Russia on the basic agreement of service trade is conducted in the article.
Ключевые слова / Keywords:
World Trade Organization, the basic agreement of service trade, educational services, national regime, the most favoured nation treatment, incurrence covenance.
Аннотация / Annotation:
An analysis of legal regulation of a sphere of educational services in the Russian Federation related to incurrence covenants adopted by Russia on the basic agreement of service trade is conducted in the article.
Ключевые слова / Keywords:
World Trade Organization, the basic agreement of service trade, educational services, national regime, the most favoured nation treatment, incurrence covenance.
KISLOV A.G. Kislov A.G. – Deputy Dierctor of the Institute of Sociology and Law of Russian State Professional and Pedagogic University, PhD, Professor
SHMURYGINA O.V. Shmurygina O.V. – Dean of the Faculty of Extramural Education of the Institute for Sociology and Law of Russian State Professional and Pedagogic University
Institutialization of Higehr School: a Retrospective View
Страницы / Pages: 17-31
Аннотация / Annotation:
The article covers evolution of higher school being in a crisis of identification (and self-actualization). A retrospective analysis enables to consider a process of institutialization as a dominant one in its millenium evolution, and a modern crisis is related to limitations of institutional abilities, nonaccordance demands and tendencies of development of a modern society.
Ключевые слова / Keywords:
higher school, university, a social institute, a university idea, higher school mission, functions of higher school as a social institute.
Аннотация / Annotation:
The article covers evolution of higher school being in a crisis of identification (and self-actualization). A retrospective analysis enables to consider a process of institutialization as a dominant one in its millenium evolution, and a modern crisis is related to limitations of institutional abilities, nonaccordance demands and tendencies of development of a modern society.
Ключевые слова / Keywords:
higher school, university, a social institute, a university idea, higher school mission, functions of higher school as a social institute.
ASHENOVA T.M. Ashenova T.M. – Postgraduate Student of the Department of Theory and History of State and Law of Omsk Academy of the Ministry of Internal Affairs of Russia
Educational Law as a Subject of Scientific Discussions in Russian Legal Sciences
Страницы / Pages: 32-38
Аннотация / Annotation:
Evolution of views on understanding of a subject of educational law is analyzed in the article. Complexity of educational law as a field of legislation and a branch of law is fixed; specifics of pedagogic relations as a core of a system of educational law are set.
Ключевые слова / Keywords:
educational law, a subject of legal regulation, educational relations, pedagogic relations, educational and training relations.
Аннотация / Annotation:
Evolution of views on understanding of a subject of educational law is analyzed in the article. Complexity of educational law as a field of legislation and a branch of law is fixed; specifics of pedagogic relations as a core of a system of educational law are set.
Ключевые слова / Keywords:
educational law, a subject of legal regulation, educational relations, pedagogic relations, educational and training relations.
NAGOVITSYN S.G. Nagovitsyn S.G. – Head of the Department for Humane, Social, Economic and Natural Disciplines of Izhevsk Juridical Institute (Branch) of The Russian Academy of the Ministry of Justice of Russia, PhD in Pedagogy, Associate Professor
A Technology of Evaluation of a Level of Development of Key Competences of Graduates of Universities of Law
Страницы / Pages: 39-54
Аннотация / Annotation:
A technology of detection and designing of the expressed competences of graduates of a juridical university taking into account requirements of regional market of labor showing modern methodical approaches to an idea of passportization of competences is considered in the article. A technology of evaluation of a level of readiness of key competences of future lawyers is described.
Ключевые слова / Keywords:
a technology, designing, quality of training, a competence approach, competences, a model.
Аннотация / Annotation:
A technology of detection and designing of the expressed competences of graduates of a juridical university taking into account requirements of regional market of labor showing modern methodical approaches to an idea of passportization of competences is considered in the article. A technology of evaluation of a level of readiness of key competences of future lawyers is described.
Ключевые слова / Keywords:
a technology, designing, quality of training, a competence approach, competences, a model.
SHIBANOVA E.K. Shibanova E.K. – Deputy Director of The Department of History and Philosophy of Chelyabinsk Branch of the Russian Academy for Public Economy and State Service under the President of the Russian Federation, PhD in Pedagogy, Associate Professor
Development of Polyfunctional Competences in Managerial Activity of Future Lawyers
Страницы / Pages: 55-64
Аннотация / Annotation:
Charecteristics of polyfunctional competences as a complex set of professionalism of future lawyers is shown in the article; consideration of implementation of polyfucntional competences into managerial activity of future lawyers is given.
Ключевые слова / Keywords:
competences, polyfunctional competences, polyfunctional activity, polyfunctional managerial activity.
EDUCATION ABROADАннотация / Annotation:
Charecteristics of polyfunctional competences as a complex set of professionalism of future lawyers is shown in the article; consideration of implementation of polyfucntional competences into managerial activity of future lawyers is given.
Ключевые слова / Keywords:
competences, polyfunctional competences, polyfunctional activity, polyfunctional managerial activity.
NASONKIN V.V. Nasonkin V.V. – Director of the Federal Center of Educational Legislation, Associate Professor of the Department of Comparative Educational Policy of The Russian University for Peoples’ Friendship, PhD in Law
Implementation of a Right for Education in Problem Districts of European Cities
Страницы / Pages: 65-74
Аннотация / Annotation:
The article covers implementation of a right for education in problem districts of European cities, which can not be conducted only through increasing of financing and improving a network of educational institutions. The author states that it is based on integrated programs with participation of children, youth organizations and unions and power authorities on all levels.
Ключевые слова / Keywords:
integration, education, participation, good governance, self-education, supplementary education.
Аннотация / Annotation:
The article covers implementation of a right for education in problem districts of European cities, which can not be conducted only through increasing of financing and improving a network of educational institutions. The author states that it is based on integrated programs with participation of children, youth organizations and unions and power authorities on all levels.
Ключевые слова / Keywords:
integration, education, participation, good governance, self-education, supplementary education.
KIRILLOVA N.B. Kirillova N.B. – Associate Professor of the Department of Sociology and Management of Social Processes of the Academy of Labor and Social Relations, PhD
Higher Education in France: a Factor of Succession
Страницы / Pages: 75-81
Аннотация / Annotation:
Strategic purposes of reforms of higher education in France, that don’t depend on presidents and governments, are charecterized. A role of a subsystem of juridical education and modern tendencies of its development are shown.
Ключевые слова / Keywords:
universities, scientific and educational clusters, university enterprises, compartivism, jurists’ training.
METHODOLOGY OF A SCIENTIFIC RESEARCHАннотация / Annotation:
Strategic purposes of reforms of higher education in France, that don’t depend on presidents and governments, are charecterized. A role of a subsystem of juridical education and modern tendencies of its development are shown.
Ключевые слова / Keywords:
universities, scientific and educational clusters, university enterprises, compartivism, jurists’ training.
BALAKHOVASKIY A.A. Balakhovaskiy A.A. – Teacher of the Department of Philosophy and religious Studies of the Military University, PhD, Professor
PETRIY P.V. Petriy P.V. – Head of the Department of Philosophy and Religious Studies of the Military University, PhD, Professor
Methodological Contents of a Dissertation Research: Problems of a Definition and Main Requirements
Страницы / Pages: 82-100
Аннотация / Annotation:
Some approaches to interpretation of methodology of scienitific cognition and research enabling to represent contents of methodological settings and regulations in scientist’s activity is shown in the article. Great attention is paid to consideration of methodological contents of a fact of reality, a fact of science, a scienitifc problem, a hypothesis, argumentation and a scientific theory. Ideas in this article are the result of reflection of author’s activity as directors of scientific and teaching staff and work in the dissertation.
Ключевые слова / Keywords:
methodological culture, methodological support, contents of a dissertation research, a fact of reality, a scientific problem, a hypothesis, argumentation, a scientific theory, creativity.
DISCUSSING A PROBLEMАннотация / Annotation:
Some approaches to interpretation of methodology of scienitific cognition and research enabling to represent contents of methodological settings and regulations in scientist’s activity is shown in the article. Great attention is paid to consideration of methodological contents of a fact of reality, a fact of science, a scienitifc problem, a hypothesis, argumentation and a scientific theory. Ideas in this article are the result of reflection of author’s activity as directors of scientific and teaching staff and work in the dissertation.
Ключевые слова / Keywords:
methodological culture, methodological support, contents of a dissertation research, a fact of reality, a scientific problem, a hypothesis, argumentation, a scientific theory, creativity.
FOKINA V.N. Fokina V.N. – PhD in Sociology, Associate Professor
SLIVA A.V. Sliva A.V. – PhD in Technical Sciences, Senior Researcher
SHIROKOVA M.E. Shirokova M.E. – PhD in Sociology
SEMENOVA T.YU. Semenova T.Yu. – PhD in Sociology
Copyrights and E-Libraries
Страницы / Pages: 101-112
Аннотация / Annotation:
A problem of creating e-libraries in a field of confrontation of two antipodal principles such as free access to information and copyrights’ protection is considered in the article. It is shown that free access to educational resources is denied not by authors of books, but commercial pubishing-houses using a copyright in their own purposes. A review in brief not only Russian but also American approaches to this problem is given.
Ключевые слова / Keywords:
e-library system, a copyright, free access libraries, franchisors.
Аннотация / Annotation:
A problem of creating e-libraries in a field of confrontation of two antipodal principles such as free access to information and copyrights’ protection is considered in the article. It is shown that free access to educational resources is denied not by authors of books, but commercial pubishing-houses using a copyright in their own purposes. A review in brief not only Russian but also American approaches to this problem is given.
Ключевые слова / Keywords:
e-library system, a copyright, free access libraries, franchisors.
SAZONOV V.E. Sazonov V.E. – PhD in Law
Specifics of Legal Support and Implementation of State and Private Partnership in Brasilia
Страницы / Pages: 113-120
Аннотация / Annotation:
The article covers special features of legal support and problems of implementation of state and private partnership in Brasilia.
Ключевые слова / Keywords:
state and private partnership, a concession, state administration, public interests, public services, Brasilia.
Аннотация / Annotation:
The article covers special features of legal support and problems of implementation of state and private partnership in Brasilia.
Ключевые слова / Keywords:
state and private partnership, a concession, state administration, public interests, public services, Brasilia.
KULESHOV R.V. Kuleshov R.V. – PhD in Law
Specifics of Fighting against Banditism in the Territory of Western Ukraine in 40ies-50ies of 20th century
Страницы / Pages: 121-124
Аннотация / Annotation:
The article covers specifics of fighting against banditism in the territory of Western Ukraine. Organizational measures of state powers and methods of actions of law-enforcement agencies in liquidation of criminal groups in 40ies-50ies of 20th century are described.
Ключевые слова / Keywords:
banditism, liquidation of a criminal group, fighting against banditism, Western Ukraine, UPA, OUN.
Аннотация / Annotation:
The article covers specifics of fighting against banditism in the territory of Western Ukraine. Organizational measures of state powers and methods of actions of law-enforcement agencies in liquidation of criminal groups in 40ies-50ies of 20th century are described.
Ключевые слова / Keywords:
banditism, liquidation of a criminal group, fighting against banditism, Western Ukraine, UPA, OUN.
BERESTOVOY A.N. Berestovoy A.N. – PhD in Law, Associate Professor
Types of Circumstances Excluding Criminal Action and a Place of Sbstantiated Risk in thier System
Страницы / Pages: 125-133
Аннотация / Annotation:
By author’s opinion separation of a criminal action from non-criminal one is a fundamental problem of criminal and legal regulation; solving this problem influences on formation of contents of regulatory material of criminal legislation.
Ключевые слова / Keywords:
circumstances, excluding a criminal action, a crime, conditions of legality, a legal action, criminal and legal qualification.
Аннотация / Annotation:
By author’s opinion separation of a criminal action from non-criminal one is a fundamental problem of criminal and legal regulation; solving this problem influences on formation of contents of regulatory material of criminal legislation.
Ключевые слова / Keywords:
circumstances, excluding a criminal action, a crime, conditions of legality, a legal action, criminal and legal qualification.
SHURAEVA E.L
Shuraeva E.L
–
Artistic and Philosophic Implementation of a Theme of Gothic as Medieval World View in N.Gumilev’s Poetry
Страницы / Pages: 134-137
Аннотация / Annotation:
Implementation of motives, images, and themes of gothic in N.Gumilev’s poetry is shown in the article. Great attention is paid to center and expression of aesthetic, spiritual, moral, philosophic, social and political ideas of a poet.
Ключевые слова / Keywords:
philosophy, gothic, religion, spirituality, world view, persona, acmeism, symbolism.
PAGES OF HISTORYАннотация / Annotation:
Implementation of motives, images, and themes of gothic in N.Gumilev’s poetry is shown in the article. Great attention is paid to center and expression of aesthetic, spiritual, moral, philosophic, social and political ideas of a poet.
Ключевые слова / Keywords:
philosophy, gothic, religion, spirituality, world view, persona, acmeism, symbolism.
KHACHATUROV R.L. Khachaturov R.L. – Doctor of Law, Professor
Legislative Acts as Sources of Ancient Russian Law
Страницы / Pages: 138-145
Аннотация / Annotation:
The article covers investigation of evolution of ancient Russian law and legislative acts as its sources. A system of legislative acts is shown by the author on the basis of various sources, and evaluation of legislative activities of princes and contents of main codes of 11-12th centuries is made.
Ключевые слова / Keywords:
ancient Russian law, oral law, Russkaya Pravda, church by-laws.
Аннотация / Annotation:
The article covers investigation of evolution of ancient Russian law and legislative acts as its sources. A system of legislative acts is shown by the author on the basis of various sources, and evaluation of legislative activities of princes and contents of main codes of 11-12th centuries is made.
Ключевые слова / Keywords:
ancient Russian law, oral law, Russkaya Pravda, church by-laws.
MOROZ E.V. Moroz E.V. – Doctor of History, Associate Professor
Russian Interpretation of Law in 1920ies (Some Aspects of a Problem)
Страницы / Pages: 146-155
Аннотация / Annotation:
An analysis of Russian interpretation of law in 1920ies is given in the article. Main methodological approaches and evaluation of legal studies are shown through concepts of interpretation of law such Russian lawyers as E.B. Pashukanis, P.I. Stuchka, M.A. Reisner. As main concepts of Russian interpretation of law there are exchange, proletarian and class-sociological concepts.
Ключевые слова / Keywords:
interpretation of law, law, a norm, legal consciousness, exchange, proletarian, intuitive, class, revolutionary.
Аннотация / Annotation:
An analysis of Russian interpretation of law in 1920ies is given in the article. Main methodological approaches and evaluation of legal studies are shown through concepts of interpretation of law such Russian lawyers as E.B. Pashukanis, P.I. Stuchka, M.A. Reisner. As main concepts of Russian interpretation of law there are exchange, proletarian and class-sociological concepts.
Ключевые слова / Keywords:
interpretation of law, law, a norm, legal consciousness, exchange, proletarian, intuitive, class, revolutionary.
FEDOROVA A.N. Fedorova A.N. – PhD in Law, Associate Professor
A Concepts and Corpus Delicti of Military Articles by 1715
Страницы / Pages: 156-161
Аннотация / Annotation:
The article covers a research of a concept and corpus delicti in Military Articles by 1715. The author demonstrates development of criminal and legal thoughts in 18th century and arising of new juridical terms and institutes of law.
Ключевые слова / Keywords:
crimes, corpus delicti, subject of crime, object of crime, mental element in crime, objective aspect of crime.
Аннотация / Annotation:
The article covers a research of a concept and corpus delicti in Military Articles by 1715. The author demonstrates development of criminal and legal thoughts in 18th century and arising of new juridical terms and institutes of law.
Ключевые слова / Keywords:
crimes, corpus delicti, subject of crime, object of crime, mental element in crime, objective aspect of crime.
TUMOV V.V. Tumov V.V. – PhD in Law, Associate Professor
Death by Laws of ‘Jugdement of Gods’: Modern Interpretation of an Ancient Babylonian Tradition
Страницы / Pages: 162-167
Аннотация / Annotation:
Some aspects of legal cause death in Ancient Mesopotamia are expressed in the article. A special historic approach to death penalty in the Code of Hammurabi is explained in isolation from philosophic and metaphysical representation of the event. Author’s idea is considered by using modern terminological apparaturs of law.
Ключевые слова / Keywords:
legal cause death, death penalty, The Code of Hammurabi, demolition of a criminal, an object of criminal infringement, lex talionis, objective imputations.
A SCIENTIFIC DEBUTАннотация / Annotation:
Some aspects of legal cause death in Ancient Mesopotamia are expressed in the article. A special historic approach to death penalty in the Code of Hammurabi is explained in isolation from philosophic and metaphysical representation of the event. Author’s idea is considered by using modern terminological apparaturs of law.
Ключевые слова / Keywords:
legal cause death, death penalty, The Code of Hammurabi, demolition of a criminal, an object of criminal infringement, lex talionis, objective imputations.
DANILENKO I.N.
Danilenko I.N.
–
Types of Legal Strategies through a Prism of Variety of Forms of Law
Страницы / Pages: 168-174
Аннотация / Annotation:
The author makes an attempt to determine specific pecularities of all types of a legal strategy. This information enables to see a legal strategy not only as an instrument setting a vector of development and changing a law, but also as instrument enabling avoid incorrect understanding of legal processes arising in legal reality.
Ключевые слова / Keywords:
legal strategy of a state, regulatory strategy, a group law, international law, goal-setting.
Аннотация / Annotation:
The author makes an attempt to determine specific pecularities of all types of a legal strategy. This information enables to see a legal strategy not only as an instrument setting a vector of development and changing a law, but also as instrument enabling avoid incorrect understanding of legal processes arising in legal reality.
Ключевые слова / Keywords:
legal strategy of a state, regulatory strategy, a group law, international law, goal-setting.
DASHDAMIROV Z.M.
Dashdamirov Z.M.
–
Sovereignty as a Property of a Modern State
Страницы / Pages: 175-180
Аннотация / Annotation:
A problem of sovereignty in a modern state is investigated in the article; and it is an actual task within the context of legal education. The author concludes that sovereignty is not only domination and irreplaceability of a state but its expressiveness in social reality and stability of ties arising between a state and other social institutes.
Ключевые слова / Keywords:
sovereignty, a state, law, independence, power, rationality, ownership.
Аннотация / Annotation:
A problem of sovereignty in a modern state is investigated in the article; and it is an actual task within the context of legal education. The author concludes that sovereignty is not only domination and irreplaceability of a state but its expressiveness in social reality and stability of ties arising between a state and other social institutes.
Ключевые слова / Keywords:
sovereignty, a state, law, independence, power, rationality, ownership.