Право и образование
№ 11 • 2013
A THEORY OF LAWARZAMASOV J.G.
Arzamasov J.G. – Doctor of Laws Science, Professor
Regulatory Impact Assessment: concept, function, problems of institutionalization
Страницы / Pages: 4-17
Аннотация / Annotation:
The article is devoted to the regulatory impact assessment (RIA) as a tool of legal monitoring aimed at improving the efficiency of the normmaking process. The types of legal monitoring are discussed. The concept and reveals the function of RIA are given. The genesis of the institution and the use of regulatory impact assessment are discussed. The major issues of institutionalization of RIA in Russia and the ways to solve them.
Ключевые слова / Keywords:
regulatory impact assessment, legal monitoring, monitoring of legal instruments, the legal institutionalization of monitoring the effectiveness of the state apparatus, the effectiveness of the legislation, the consequences of the adoption of regulations, legal outlook, public consultation.
PONKIN I.V. Аннотация / Annotation:
The article is devoted to the regulatory impact assessment (RIA) as a tool of legal monitoring aimed at improving the efficiency of the normmaking process. The types of legal monitoring are discussed. The concept and reveals the function of RIA are given. The genesis of the institution and the use of regulatory impact assessment are discussed. The major issues of institutionalization of RIA in Russia and the ways to solve them.
Ключевые слова / Keywords:
regulatory impact assessment, legal monitoring, monitoring of legal instruments, the legal institutionalization of monitoring the effectiveness of the state apparatus, the effectiveness of the legislation, the consequences of the adoption of regulations, legal outlook, public consultation.
Ponkin I.V. – doctor of science (Law), professor of chair of the legal support of the state and municipal services of the International Institute of Public Administration and Management of the Russian Presidential Academy of National Economy and Public Administration (Moscow, Russia), professor
The concept, features and the nature of public administration
Страницы / Pages: 18-24
Аннотация / Annotation:
The article is devoted to the scientific interpretation of the concepts of public administration and governance. Presented by the author’s definition of the concept of «public administration». Describes the legal nature and essence of modern «traditional» model of public administration.
Ключевые слова / Keywords:
public administration, public administration, public administration, administration.
NOSOV S.I. Аннотация / Annotation:
The article is devoted to the scientific interpretation of the concepts of public administration and governance. Presented by the author’s definition of the concept of «public administration». Describes the legal nature and essence of modern «traditional» model of public administration.
Ключевые слова / Keywords:
public administration, public administration, public administration, administration.
Nosov S.I. – doctor of jurisprudence, professor
GAVASHELI T.V.
Gavasheli T.V.
–
Systematization as factor of modernization of the Russian legislation
Страницы / Pages: 25-32
Аннотация / Annotation:
This article is devoted to problems of modernization of the Russian legislation. Authors give the analysis of new approaches to systematization in the present conditions of economic development.
Ключевые слова / Keywords:
modernization of the legislation, systematization, incorporation, consolidation, codification, records of normative acts.
FOMIN A.A. DOCTOR OF JURISPRUDENCE Аннотация / Annotation:
This article is devoted to problems of modernization of the Russian legislation. Authors give the analysis of new approaches to systematization in the present conditions of economic development.
Ключевые слова / Keywords:
modernization of the legislation, systematization, incorporation, consolidation, codification, records of normative acts.
Fomin A.A. doctor of jurisprudence – professor of chair of justice of the Penza state university
Moral safety as object of legal policy: general-theoretical and branch aspects
Страницы / Pages: 33-40
Аннотация / Annotation:
The moral safety in the conditions of the constitutional state is one of the major objects and priorities of legal policy. In article all-legal and some branch aspects of legal regulation of moral safety are investigated. Need of improvement of organizational and legal technology of the mechanism ensuring moral safety in modern Russia locates.
Ключевые слова / Keywords:
legal policy; moral safety; efficiency of legal regulation.
MAMEDZADE A. A. Аннотация / Annotation:
The moral safety in the conditions of the constitutional state is one of the major objects and priorities of legal policy. In article all-legal and some branch aspects of legal regulation of moral safety are investigated. Need of improvement of organizational and legal technology of the mechanism ensuring moral safety in modern Russia locates.
Ключевые слова / Keywords:
legal policy; moral safety; efficiency of legal regulation.
Mamedzade A. A. – PhD (Law), doctoral candidate of the Institute of Philosophy, Sociology and Law of the Azerbaijan National Academy of Sciences
Freedom of religion: essence, legal content and correlation with the freedom of conscience
Страницы / Pages: 41-48
Аннотация / Annotation:
The definition, essence, legal content and limits of the freedom of religion through the angle of ancient and. contemporary views of such freedom is reviewed in this article. It defines the interconnection between the freedom of religion end freedom of conscience. In the conclusion t is stated that there is no significant difference- between these terms. The notion of the freedom of religion is wider than the freedom of conscience; the term of the freedom of conscience is stilt deeper than the freedom of religion.
Ключевые слова / Keywords:
freedom of conscience, freedom of religion, a cult, law, religion, creed, the natural borde.
EDUCATION AND TRAININGАннотация / Annotation:
The definition, essence, legal content and limits of the freedom of religion through the angle of ancient and. contemporary views of such freedom is reviewed in this article. It defines the interconnection between the freedom of religion end freedom of conscience. In the conclusion t is stated that there is no significant difference- between these terms. The notion of the freedom of religion is wider than the freedom of conscience; the term of the freedom of conscience is stilt deeper than the freedom of religion.
Ключевые слова / Keywords:
freedom of conscience, freedom of religion, a cult, law, religion, creed, the natural borde.
GLADILINA I.P.
Gladilina I.P. – Doctor of Pedagogy, Associate Professor
A Social and Cultural Paradigm of Education and Training of Gifted Children and Youth
Страницы / Pages: 49-56
Аннотация / Annotation:
The article covers consideration of an issue of creation of conditions for successful socialization and effective self-actualization of the youth and using potential for innovative development of a country. Integration of ideas of culture and nature of mental reality developed by a cultural-historic school by L.Vygotskiy is a fundament of a social and cultural paradigm of genius.
Ключевые слова / Keywords:
gifted children and youth, a social and cultural paradigm, innovations.
PETROSHENKO A. Аннотация / Annotation:
The article covers consideration of an issue of creation of conditions for successful socialization and effective self-actualization of the youth and using potential for innovative development of a country. Integration of ideas of culture and nature of mental reality developed by a cultural-historic school by L.Vygotskiy is a fundament of a social and cultural paradigm of genius.
Ключевые слова / Keywords:
gifted children and youth, a social and cultural paradigm, innovations.
Petroshenko A. – Researcher of Inter-departmental resource center for safety monitoring and examination of the educational environment MGPPU, Ph.D.
Modern scientific approaches to legal upbringing of students
Страницы / Pages: 57-68
Аннотация / Annotation:
The paper presents the classification of scientific approaches to legal upbringing of the younger generations, the need of taking into account the state of legal upbringing as a mandatory component of a complex security assessment of educational institutes, the author proposed a method of evaluating the effectiveness of the legal upbringing in educational institutes on the basis of both qualitative and quantitative criteria.
Ключевые слова / Keywords:
scientific approach, legal upbringing, law-abiding behavior, legal consciousness, the method of assessment of legal upbringing in the educational institutes.
OVSYANNIKOVA O.A. Аннотация / Annotation:
The paper presents the classification of scientific approaches to legal upbringing of the younger generations, the need of taking into account the state of legal upbringing as a mandatory component of a complex security assessment of educational institutes, the author proposed a method of evaluating the effectiveness of the legal upbringing in educational institutes on the basis of both qualitative and quantitative criteria.
Ключевые слова / Keywords:
scientific approach, legal upbringing, law-abiding behavior, legal consciousness, the method of assessment of legal upbringing in the educational institutes.
Ovsyannikova O.A. – candidate of pedagogical Sciences, associate Professor
Psychological and pedagogical conceptual basis for forming the language personality» of University students
Страницы / Pages: 69-83
Аннотация / Annotation:
The psychological and pedagogical foundations of language personality» of University students. The author focuses on the study of the personality of the speaker of the individual into the mainstream of such linguistic disciplines as: psycholinguistics, cognitive linguistics, rhetoric, neo-rhetoric, semiotics, discourse theory, sociolinguistics, generative linguistics, linguistic and cultural studies. It seems likely that, in the context of the educational process of profile of the University, focused on specific professional activities having a hard time limit on the development of the disciplines of the General humanitarian cycle, the most adequate competence-based approach to solving the problem of forming the language personality of the specialist.
Ключевые слова / Keywords:
linguistic personality», professional education, psycholinguistics, cognitive linguistics, rhetoric, neo-rhetoric, semiotics, discourse theory, sociolinguistics, generative linguistics, linguistic and cultural studies.
EREMINA T.I. Аннотация / Annotation:
The psychological and pedagogical foundations of language personality» of University students. The author focuses on the study of the personality of the speaker of the individual into the mainstream of such linguistic disciplines as: psycholinguistics, cognitive linguistics, rhetoric, neo-rhetoric, semiotics, discourse theory, sociolinguistics, generative linguistics, linguistic and cultural studies. It seems likely that, in the context of the educational process of profile of the University, focused on specific professional activities having a hard time limit on the development of the disciplines of the General humanitarian cycle, the most adequate competence-based approach to solving the problem of forming the language personality of the specialist.
Ключевые слова / Keywords:
linguistic personality», professional education, psycholinguistics, cognitive linguistics, rhetoric, neo-rhetoric, semiotics, discourse theory, sociolinguistics, generative linguistics, linguistic and cultural studies.
Eremina T.I. – PhD in Law, PhD in History, Associate Professor of the Departament of State Law at Herzen State Pedagogical University of Russia
School uniform as an element of the school education system.
Страницы / Pages: 84-92
Аннотация / Annotation:
The article is devoted to the problems of working out current dress requirements for schoolchildren and the evolution of the pupils` uniform in Russia and other countries.
Ключевые слова / Keywords:
dress, pupil, law, symbol.
MELNICHENKO R.G. Аннотация / Annotation:
The article is devoted to the problems of working out current dress requirements for schoolchildren and the evolution of the pupils` uniform in Russia and other countries.
Ключевые слова / Keywords:
dress, pupil, law, symbol.
Melnichenko R.G. – PhD in Law, Associate Professor
An Interactive Examination: Checking and Development of Competences
Страницы / Pages: 93-102
Аннотация / Annotation:
A step-by-step description of the examination on humane disciplines within ‘Interactive Examination’ is given in the article. This form of control is based on a principle of special integration of students not only as objects of control but also as its subjects.
Ключевые слова / Keywords:
interactivity, an examination, an interactive examination, competences, control, education, criteria of assessment, a student-examinator.
SCIENTIFIC MESSAGESАннотация / Annotation:
A step-by-step description of the examination on humane disciplines within ‘Interactive Examination’ is given in the article. This form of control is based on a principle of special integration of students not only as objects of control but also as its subjects.
Ключевые слова / Keywords:
interactivity, an examination, an interactive examination, competences, control, education, criteria of assessment, a student-examinator.
KERIMOV A.D.
Kerimov A.D. – Doctor of Law, Professor
KHALIPOVA E.V. Khalipova E.V. – Doctor of Law, Doctor of Sociology, Professor
On the results and prospects of legal and constitutional development of Russia
Страницы / Pages: 103-111
Аннотация / Annotation:
The article in question endorses the statement that according to the Constitutional provisions of 1993 and as a result of twenty-year-old practice of their implementation, the Russian Federation, in terms of its system of government, is an example of a presidential rather than a semi-presidential republic, as it is claimed by quite a number of researchers. According to the authors, the fact that President has extremely wide powers is generally justified from the viewpoint of the development the country’s strategic interests and at the same time charges him with a huge responsibility for the future of Russia. The given paper contains some arguments in favor of the idea that the Russian political leadership should speedily reject commitment to free and totally self-regulating market unburdened with social responsibilities.
Ключевые слова / Keywords:
constitution, system of government, semi-presidential republic, democracy, free market, self-regulating market, social justice, social progress.
REPIN E.YA. Аннотация / Annotation:
The article in question endorses the statement that according to the Constitutional provisions of 1993 and as a result of twenty-year-old practice of their implementation, the Russian Federation, in terms of its system of government, is an example of a presidential rather than a semi-presidential republic, as it is claimed by quite a number of researchers. According to the authors, the fact that President has extremely wide powers is generally justified from the viewpoint of the development the country’s strategic interests and at the same time charges him with a huge responsibility for the future of Russia. The given paper contains some arguments in favor of the idea that the Russian political leadership should speedily reject commitment to free and totally self-regulating market unburdened with social responsibilities.
Ключевые слова / Keywords:
constitution, system of government, semi-presidential republic, democracy, free market, self-regulating market, social justice, social progress.
Repin E.Ya. – Lead researcher of the research laboratory management and control systems the Far Eastern Federal University
MANSUROV ÛL. N. Mansurov Ûl. N. – doctor of technical sciences, Professor of the Department of innovation, quality, standardization and certification of the Far Eastern Federal University
KLOCHKOVA I. S. Klochkova I. S. – candidate of technical sciences, Associate Professor of food biotechnology of the far Eastern State technical fisheries University
BYCHKOVA A.A Bychkova A.A – Graduate Department of Innovation, quality, standardization and certification of the Far Eastern Federal University.
On monitoring and evaluation of the scientific potential of the country: national and international experience
Страницы / Pages: 112-121
Аннотация / Annotation:
In today’s economic transformation problem for rapid assessment of the situation in different sectors and spheres of public life is of paramount importance. The content, direction and intensity of the processes taking place in the field of science and innovation, they are responsible for the consequences of the need for regular, special observation of the dynamics of the situation in this area and its determinants. Monitoring and evaluation of the scientific potential of helping to correct the possible directions for further development and to identify the best methods and the effective use of the potential.
Ключевые слова / Keywords:
scientific potential, monitoring, assessment methodology of scientific potential.
SOKOLSKAYA L.V. Аннотация / Annotation:
In today’s economic transformation problem for rapid assessment of the situation in different sectors and spheres of public life is of paramount importance. The content, direction and intensity of the processes taking place in the field of science and innovation, they are responsible for the consequences of the need for regular, special observation of the dynamics of the situation in this area and its determinants. Monitoring and evaluation of the scientific potential of helping to correct the possible directions for further development and to identify the best methods and the effective use of the potential.
Ключевые слова / Keywords:
scientific potential, monitoring, assessment methodology of scientific potential.
Sokolskaya L.V. – assistant professor of Civil Disciplines Moscow State Regional Humanitarian Institute, PhD
The problem of integration of Eurasian Law
Страницы / Pages: 122-130
Аннотация / Annotation:
In the article the problem of the formation of the legal Eurasian space allocated stages Eurasian legal integration.
Ключевые слова / Keywords:
Eurasia, integration, legal system, legal environment, the global law.
ALEKSANOVA YU.A. Аннотация / Annotation:
In the article the problem of the formation of the legal Eurasian space allocated stages Eurasian legal integration.
Ключевые слова / Keywords:
Eurasia, integration, legal system, legal environment, the global law.
Aleksanova Yu.A. – PhD in Law, Associate Professor
Factoring in a Reform of Civil Legislation
Страницы / Pages: 131-144
Аннотация / Annotation:
The article covers a problem of legal regulation of factoring relations within a reform of a civil legislation. There is an article-by-article analysis of existing rules under the Civil Code of the Russian Federation and regulations of a draft of the Civil Code of the Russian Federation related to the given topic. Great attention is paid to researching practical problems of participants of factoring relations that are not set in a draft of the Civil Code of the Russian Federation.
Ключевые слова / Keywords:
law, civil law, financial agreements, factoring.
PAGES OF HISTORYАннотация / Annotation:
The article covers a problem of legal regulation of factoring relations within a reform of a civil legislation. There is an article-by-article analysis of existing rules under the Civil Code of the Russian Federation and regulations of a draft of the Civil Code of the Russian Federation related to the given topic. Great attention is paid to researching practical problems of participants of factoring relations that are not set in a draft of the Civil Code of the Russian Federation.
Ключевые слова / Keywords:
law, civil law, financial agreements, factoring.
ISKHAKOV E.R.
Iskhakov E.R. – doctor of medicine, Professor
Some aspects of medical education and medical care in educational organizations in law acts issued by tsar the Pavel the First
Страницы / Pages: 145-150
Аннотация / Annotation:
Law acts about medical education and medical care for students are researched in this article. Such groups of law acts as about development of medical education, teaching medical knowledge for future priests, medical care for students are analyzed.
Ключевые слова / Keywords:
legislation about medical education, legislation by tsar the Pavel the First, preparation medical staff in Russian Empire, medical care in educational organizations, medical training of priests.
KOSHANSHI I.
Аннотация / Annotation:
Law acts about medical education and medical care for students are researched in this article. Such groups of law acts as about development of medical education, teaching medical knowledge for future priests, medical care for students are analyzed.
Ключевые слова / Keywords:
legislation about medical education, legislation by tsar the Pavel the First, preparation medical staff in Russian Empire, medical care in educational organizations, medical training of priests.
Koshanshi I.
–
Improvement of system of legal preparation in military schools in the second half of the XIX century
Страницы / Pages: 151-153
Аннотация / Annotation:
This article reveals the historical necessity of elaboration legal training in the military educational institutions of the Russian Federation in the second half of the XIX century.
Ключевые слова / Keywords:
legal training, military legal educational institution, legal discipline, officer personnel, officer.
A SCIENTIFIC DEBUTАннотация / Annotation:
This article reveals the historical necessity of elaboration legal training in the military educational institutions of the Russian Federation in the second half of the XIX century.
Ключевые слова / Keywords:
legal training, military legal educational institution, legal discipline, officer personnel, officer.
OSTRANITSA A.L.
Ostranitsa A.L.
–
Features of resource support of physical culture and sports in the Armed Forces of the Russian Federation
Страницы / Pages: 154-163
Аннотация / Annotation:
The article analyzes the content of physical education and sport in the Armed Forces of the Russian Federation as an element of the system of physical culture and sports in the country and the subject of training of troops (forces). Characterized by the nature and structure of the resources of physical training and sports, especially their formation and use from the point of view of the resource approach.
Ключевые слова / Keywords:
resources, resource provision, resource-based, physical education, physical education, sport.
DMITRASHCHENKO O.A. Аннотация / Annotation:
The article analyzes the content of physical education and sport in the Armed Forces of the Russian Federation as an element of the system of physical culture and sports in the country and the subject of training of troops (forces). Characterized by the nature and structure of the resources of physical training and sports, especially their formation and use from the point of view of the resource approach.
Ключевые слова / Keywords:
resources, resource provision, resource-based, physical education, physical education, sport.
Dmitrashchenko O.A. – the competitor for the title of Ph.D. in Political Science, International Security department member of the Moscow State University, international politics faculty.
US-Argentine union: yesterday and today
Страницы / Pages: 164-173
Аннотация / Annotation:
Latin America is one of the priority regions in United States foreign policy. The closest cooperation U.S. has developed with a leading country in the region – Argentina, which in 1997 received the status of a major non-NATO ally.
Ключевые слова / Keywords:
USA, Argentina, major non-NATO ally.
MAKSIMOV A.I. Аннотация / Annotation:
Latin America is one of the priority regions in United States foreign policy. The closest cooperation U.S. has developed with a leading country in the region – Argentina, which in 1997 received the status of a major non-NATO ally.
Ключевые слова / Keywords:
USA, Argentina, major non-NATO ally.
Maksimov A.I. – Post-graduate student of the Volzhskiy University name V.N. Tatishcheva
DEPRIVATION OF THE RIGHT IN THE MODERN WORLD
Страницы / Pages: 174-179
Аннотация / Annotation:
Penalty of deprivation of the right to occupy certain positions or engage in certain activities is one of the subjects to criminal laws of a number of states. The article reveals the essence of the sentence in a comparison, as well as the position of the Russian legislation. Need of improvement of increasing the use of this punishment in the practice of the courts.
Ключевые слова / Keywords:
criminal law, deprivation of the right to occupy certain positions or engage in certain activities, punishment, the purpose of punishment, the restriction of labor rights and professional activities of the convicted person, the deprivation of rights.
Аннотация / Annotation:
Penalty of deprivation of the right to occupy certain positions or engage in certain activities is one of the subjects to criminal laws of a number of states. The article reveals the essence of the sentence in a comparison, as well as the position of the Russian legislation. Need of improvement of increasing the use of this punishment in the practice of the courts.
Ключевые слова / Keywords:
criminal law, deprivation of the right to occupy certain positions or engage in certain activities, punishment, the purpose of punishment, the restriction of labor rights and professional activities of the convicted person, the deprivation of rights.