Право и образование
№ 11 • 2014
MODERN EDUCATION
NOVIKOVA E.YU. Novikova E.Yu. – doctor of philosophical Sciences, Professor
The competence of post-graduate education: needs and realities
Страницы / Pages: 4-14
Аннотация / Annotation:
The article deals with the competence of graduate students included in educational standard. The author of the study curricula in accordance with the competence-based approach. The subject line curriculum content competencies cannot be considered a sufficient condition for their formation. The necessity of the correction of curricula in accordance with such factors as specialization of the student; the world of work, which plans its activity the student after finishing graduate school, career line professional development, preferred graduate students.
Ключевые слова / Keywords:
post-graduate, competence, higher education, curriculum, discipline, practice, effectiveness.
Аннотация / Annotation:
The article deals with the competence of graduate students included in educational standard. The author of the study curricula in accordance with the competence-based approach. The subject line curriculum content competencies cannot be considered a sufficient condition for their formation. The necessity of the correction of curricula in accordance with such factors as specialization of the student; the world of work, which plans its activity the student after finishing graduate school, career line professional development, preferred graduate students.
Ключевые слова / Keywords:
post-graduate, competence, higher education, curriculum, discipline, practice, effectiveness.
MACKIEWICZ R.S. Mackiewicz R.S. – candidate of economic sciences
SERYI F.G. Seryi F.G. – candidate of economic sciences
Contribution to institutional and departmental science education in the intellectualization of law enforcement: problems and ways of their solution
Страницы / Pages: 15-22
Аннотация / Annotation:
Analysis of legal, economic and organizational aspects of defining the role of the institutional and departmental science education in the scientific protecting the national interests of Russia, with the forces and means of law enforcement, problems and ways of their solution.
Ключевые слова / Keywords:
science, education, law, national interests, economic security, law enforcement.
Аннотация / Annotation:
Analysis of legal, economic and organizational aspects of defining the role of the institutional and departmental science education in the scientific protecting the national interests of Russia, with the forces and means of law enforcement, problems and ways of their solution.
Ключевые слова / Keywords:
science, education, law, national interests, economic security, law enforcement.
KOPYLOV I.A. Kopylov I.A. – candidate of political sciences
Policy of the modern Russian state in the sphere of the higher education.
Страницы / Pages: 23-26
Аннотация / Annotation:
The state policy is fundamental in development and functioning of the educational sphere. In article the main priorities and ways of development of Russian education in the XXI century are defined.
Ключевые слова / Keywords:
a state policy in education, system of Russian education.
Аннотация / Annotation:
The state policy is fundamental in development and functioning of the educational sphere. In article the main priorities and ways of development of Russian education in the XXI century are defined.
Ключевые слова / Keywords:
a state policy in education, system of Russian education.
DEMIDYUK V.A. Demidyuk V.A. – PhD in Law
Legal nature of contractual relationship involving Federal State Budgetary Educational Institutions of Higher Professional Education
Страницы / Pages: 27-32
Аннотация / Annotation:
The article is devoted to the legal nature of contractual relationship, including Federal State Budgetary Educational Institutions of Higher Professional Education. Also various points of view related to the subject, object and the content of the contractual relationship are considered in the article.
Ключевые слова / Keywords:
contract, subject, object, essence of the contractual relationship.
JURIDICAL EDUCATIONАннотация / Annotation:
The article is devoted to the legal nature of contractual relationship, including Federal State Budgetary Educational Institutions of Higher Professional Education. Also various points of view related to the subject, object and the content of the contractual relationship are considered in the article.
Ключевые слова / Keywords:
contract, subject, object, essence of the contractual relationship.
DORSKAYA A.A. Dorskaya A.A. – Doctor of Law, Professor
Legal reform as an interdisciplinary concept modern legal education
Страницы / Pages: 33-41
Аннотация / Annotation:
The article explains the need for a comprehensive review of the concept of “legal reform” as the faculties of law, and in other areas of training of legal education. Examples are given of the study of legal reforms in courses Theory of State and Law, History of State and Law of Russia and foreign countries, sectoral disciplines of international law. The significance of improving legal education in the implementation of a modern legal reform in Russia.
Ключевые слова / Keywords:
legal reform, legal education, the theory of state and law, the history of state and law, industry disciplines, international law.
Аннотация / Annotation:
The article explains the need for a comprehensive review of the concept of “legal reform” as the faculties of law, and in other areas of training of legal education. Examples are given of the study of legal reforms in courses Theory of State and Law, History of State and Law of Russia and foreign countries, sectoral disciplines of international law. The significance of improving legal education in the implementation of a modern legal reform in Russia.
Ключевые слова / Keywords:
legal reform, legal education, the theory of state and law, the history of state and law, industry disciplines, international law.
BRESTER A.A. Brester A.A. – PhD in Law
Penteconter:from the first class of the European thought school towards modern law schools.
Страницы / Pages: 42-51
Аннотация / Annotation:
Premised on M.K. Petrov’s philosophic essay on the development of the European school of thought, the article elaborates on what and how should be taught in modern law schools. An attempt is made to identify the grounds for rising fundamental issues of shaping legal education. The traditional teaching methods are challenged. The article deals with the issues of defining legal activity, ensuring conditions for mastering it, practical training, and the roles of an instructor and a student.
Ключевые слова / Keywords:
legal education, thought school, legal activity.
Аннотация / Annotation:
Premised on M.K. Petrov’s philosophic essay on the development of the European school of thought, the article elaborates on what and how should be taught in modern law schools. An attempt is made to identify the grounds for rising fundamental issues of shaping legal education. The traditional teaching methods are challenged. The article deals with the issues of defining legal activity, ensuring conditions for mastering it, practical training, and the roles of an instructor and a student.
Ключевые слова / Keywords:
legal education, thought school, legal activity.
LETUTA T.V. Letuta T.V. – Associate Professor
The corporate law as an academic discipline in the context of the reform of civil law and the educational process
Страницы / Pages: 52-58
Аннотация / Annotation:
In this paper presents an analysis of approaches to building a system of corporate law as an academic discipline, assesses the effectiveness of its construction, taking into account the objectives of the legislation and the educational process in the implementation of competence-based approach. We justify the need for the formation of the system of presentation of the course in the academic literature and the practice of teaching in modern conditions. The author’s approach to the construction of an optimal system of corporate law.
Ключевые слова / Keywords:
competence approach, the reform of civil law, corporate law, the system of the course, the goal of the educational process.
A THEORY OF LAWАннотация / Annotation:
In this paper presents an analysis of approaches to building a system of corporate law as an academic discipline, assesses the effectiveness of its construction, taking into account the objectives of the legislation and the educational process in the implementation of competence-based approach. We justify the need for the formation of the system of presentation of the course in the academic literature and the practice of teaching in modern conditions. The author’s approach to the construction of an optimal system of corporate law.
Ключевые слова / Keywords:
competence approach, the reform of civil law, corporate law, the system of the course, the goal of the educational process.
SOKOLSKAYA L.V. Sokolskaya L.V. – PhD
SOKOLSKY V.I.
Sokolsky V.I.
–
Legal acculturation as a subject historical and theoretical study
Страницы / Pages: 59-68
Аннотация / Annotation:
The paper investigates the problem of legal acculturation as a form of intercultural contact. Formulated the concept of the phenomenon disclosed vayutsya its features and functions.
Ключевые слова / Keywords:
legal culture, legal acculturation, intercultural contact, the interaction of legal cultures, reception.
Аннотация / Annotation:
The paper investigates the problem of legal acculturation as a form of intercultural contact. Formulated the concept of the phenomenon disclosed vayutsya its features and functions.
Ключевые слова / Keywords:
legal culture, legal acculturation, intercultural contact, the interaction of legal cultures, reception.
PANCHENKO V.YU. Panchenko V.Yu. – PhD in Law
SHUSHPANOV K.S.
Shushpanov K.S.
–
Immanent limits of human rights as their objective limits
Страницы / Pages: 69-73
Аннотация / Annotation:
The article is devoted to making a distinction between the forms of human rights limits on the grounds of their objective or subjective nature. The theoretical possibility of the existence of objectiveness in legal phenomena is being analyzed. The author estimates the existing legal mechanisms from the point of view of the legal limits theory.
Ключевые слова / Keywords:
human rights limits, restrictions, immanent limits of human rights, objectiveness of legal phenomena.
Аннотация / Annotation:
The article is devoted to making a distinction between the forms of human rights limits on the grounds of their objective or subjective nature. The theoretical possibility of the existence of objectiveness in legal phenomena is being analyzed. The author estimates the existing legal mechanisms from the point of view of the legal limits theory.
Ключевые слова / Keywords:
human rights limits, restrictions, immanent limits of human rights, objectiveness of legal phenomena.
SHEIAFETDINOVA N.A. Sheiafetdinova N.A. – associate Professor of Department of theory and history of state and law
Ideological function of the state in modern conditions
Страницы / Pages: 74-77
Аннотация / Annotation:
The article is devoted to the implementation of the ideological function of the state. The author dwells on the problems of the ideological activities of the government, examines the significance of the ideological functions, explores the options for upgrading the ideological policy of the state.
Ключевые слова / Keywords:
ideology, the ideological function of the state power, state functions, government policy, modern conditions.
Аннотация / Annotation:
The article is devoted to the implementation of the ideological function of the state. The author dwells on the problems of the ideological activities of the government, examines the significance of the ideological functions, explores the options for upgrading the ideological policy of the state.
Ключевые слова / Keywords:
ideology, the ideological function of the state power, state functions, government policy, modern conditions.
GUBAREVA A. Gubareva A. – candidate of legal sciences, docent
Substance and basic characteristics of Foreign Trade Law method
Страницы / Pages: 78-86
Аннотация / Annotation:
The author outlines the appearance of the new regulation method as a result of transformation civil and administrative legal regulation methods. The method of the Foreign Trade law in opinion of the author, reflects the symbiosis of the public and private elements in organization of the legal regulation.
Ключевые слова / Keywords:
foreign trade law, method of foreign trade law, mutation of civil and administrative legal regulation methods
WE DISCUSS THE PROBLEMАннотация / Annotation:
The author outlines the appearance of the new regulation method as a result of transformation civil and administrative legal regulation methods. The method of the Foreign Trade law in opinion of the author, reflects the symbiosis of the public and private elements in organization of the legal regulation.
Ключевые слова / Keywords:
foreign trade law, method of foreign trade law, mutation of civil and administrative legal regulation methods
ALESHIN V.V. Aleshin V.V. – Doctor of Law, Professor
Military and emergency as a special legal regime to ensure Russia’s national security
Страницы / Pages: 87-95
Аннотация / Annotation:
The article examines the legal basis for the use and utilization of the martial law regime and the state of emergency. Revealed the main purpose of these modes: Security of the Russian Federation. Provides international practice of using these modes.
Ключевые слова / Keywords:
martial law, state of emergency, principles, human rights and freedoms, security.
Аннотация / Annotation:
The article examines the legal basis for the use and utilization of the martial law regime and the state of emergency. Revealed the main purpose of these modes: Security of the Russian Federation. Provides international practice of using these modes.
Ключевые слова / Keywords:
martial law, state of emergency, principles, human rights and freedoms, security.
BAJCHOROVA F.H. Bajchorova F.H. – candidate of legal Sciences
The characteristic of the person of victims and witnesses suffering alcoholism and a narcotism and an estimation of their indications in criminal legal proceedings.
Страницы / Pages: 96-103
Аннотация / Annotation:
Article opens concept of alcoholism and a narcotism, their influence on behaviour of victims and witnesses by manufacture on criminal case during their interrogation. And also about the limited possibility of a correct estimation of the created situation and, accordingly, correct information transfer about it to bodies of preliminary investigation and court. The author accents the basic attention that abusing alcohol and the use of narcotics by victims and witnesses, puts in a difficult situation all process of their interrogation and an estimation of their indications as proofs on business, as at a stage of preliminary investigation as during judicial examination.
Ключевые слова / Keywords:
criminal legal proceedings, the witness who has suffered, alcoholism, a narcotism, a crime, proofs.
Аннотация / Annotation:
Article opens concept of alcoholism and a narcotism, their influence on behaviour of victims and witnesses by manufacture on criminal case during their interrogation. And also about the limited possibility of a correct estimation of the created situation and, accordingly, correct information transfer about it to bodies of preliminary investigation and court. The author accents the basic attention that abusing alcohol and the use of narcotics by victims and witnesses, puts in a difficult situation all process of their interrogation and an estimation of their indications as proofs on business, as at a stage of preliminary investigation as during judicial examination.
Ключевые слова / Keywords:
criminal legal proceedings, the witness who has suffered, alcoholism, a narcotism, a crime, proofs.
AKHMETOV A.S. Akhmetov A.S. – Ph.D., associate professor
Development of civil society in the Republic of Kazakhstan
Страницы / Pages: 104-111
Аннотация / Annotation:
Scientific work is written on the basis of scientific researches of the Kazakhstan and foreign authors concerning the nature of the right, legal culture, its valuable reference points in the course of formation of a civil society and a lawful state in Republic Kazakhstan.
Ключевые слова / Keywords:
legal culture, democratic state and its values, civil society, nature of legal reforms of Kazakhstan, absolute values of the human personality.
SCIENTIFIC REPORTАннотация / Annotation:
Scientific work is written on the basis of scientific researches of the Kazakhstan and foreign authors concerning the nature of the right, legal culture, its valuable reference points in the course of formation of a civil society and a lawful state in Republic Kazakhstan.
Ключевые слова / Keywords:
legal culture, democratic state and its values, civil society, nature of legal reforms of Kazakhstan, absolute values of the human personality.
KOZHEVNIKOV O.A. Kozhevnikov O.A. – doctor of legal Sciences, Professor
Some questions of practice of delegation of the RF public authorities to local self-government in the field of administrative law
Страницы / Pages: 112-118
Аннотация / Annotation:
This article is dedicated to the implementation of the legislative bodies of the subjects of the Russian Federation of its authority in subjects of joint jurisdiction of the Russian Federation, in particular in the field of administrative law and process. It seems that these powers should be exercised in strict compliance with the provisions of the RF Constitution and Federal legislation. Failure to adhere to these acts in violation of certain provisions of the Constitution of the Russian Federation, including for guarantees of local self-government in assigning them to a state authority, without corresponding financial support.
Ключевые слова / Keywords:
state authority, joint management, administrative law, administrative process Constitution of the Russian Federation, bodies of local self-government, the Supreme court of the RF Supreme arbitration court of the Russian Federation, judicial practice, court costs.
Аннотация / Annotation:
This article is dedicated to the implementation of the legislative bodies of the subjects of the Russian Federation of its authority in subjects of joint jurisdiction of the Russian Federation, in particular in the field of administrative law and process. It seems that these powers should be exercised in strict compliance with the provisions of the RF Constitution and Federal legislation. Failure to adhere to these acts in violation of certain provisions of the Constitution of the Russian Federation, including for guarantees of local self-government in assigning them to a state authority, without corresponding financial support.
Ключевые слова / Keywords:
state authority, joint management, administrative law, administrative process Constitution of the Russian Federation, bodies of local self-government, the Supreme court of the RF Supreme arbitration court of the Russian Federation, judicial practice, court costs.
GOLIKOV V.D. Golikov V.D. – Doctor of Social Sciences, a professor
KOLESNIKOV V.A. Kolesnikov V.A. – PhD in Sociology, Associate Professor
KUDRYAVTSEVA O.G.
Kudryavtseva O.G.
–
It is time to recall the eternal juvenile technology!
Страницы / Pages: 119-130
Аннотация / Annotation:
The article is devoted to the problem of juvenile technologies. It considers the complex of measures aimed at the implementation and protection of rights, freedoms and legitimate interests imperfect-year-old in conflict with the law, and promote the disclosure of their individually-th potential for the free development of society and of self-denial from asocial-th behavior.
Ключевые слова / Keywords:
history, technology, society, personality, upbringing, values, authority, social responsibility, negative behavior, family, parents, mo Rahl, worldview.
Аннотация / Annotation:
The article is devoted to the problem of juvenile technologies. It considers the complex of measures aimed at the implementation and protection of rights, freedoms and legitimate interests imperfect-year-old in conflict with the law, and promote the disclosure of their individually-th potential for the free development of society and of self-denial from asocial-th behavior.
Ключевые слова / Keywords:
history, technology, society, personality, upbringing, values, authority, social responsibility, negative behavior, family, parents, mo Rahl, worldview.
SPIRIDONOVA G.V
Spiridonova G.V
–
Legal aspects of the evaluation of public investment projects efficiency
Страницы / Pages: 131-138
Аннотация / Annotation:
The article deals with the legal aspects of the evaluation of public investment projects efficiency. In the article the results of the legislative activity of subjects of the Russian Federation in the part of the quantitative assessment of social utility investment projects. Identified the prevailing norms of the regulatory impact.
Ключевые слова / Keywords:
investment project, socially-oriented investor, social efficiency, public support, assessment of social efficiency, regulatory impact.
PAGES OF HISTORYАннотация / Annotation:
The article deals with the legal aspects of the evaluation of public investment projects efficiency. In the article the results of the legislative activity of subjects of the Russian Federation in the part of the quantitative assessment of social utility investment projects. Identified the prevailing norms of the regulatory impact.
Ключевые слова / Keywords:
investment project, socially-oriented investor, social efficiency, public support, assessment of social efficiency, regulatory impact.
SHEVTSOVA S.V. Shevtsova S.V. – the candidate of pedagogical sciences
Education responsibility as the most important legal factor in the history of formation and development of personality of future officer of the early 20th century
Страницы / Pages: 139-147
Аннотация / Annotation:
The article is devoted to historical and pedagogical analysis of the formation and development of the practice of formation of professional responsibility in military education. It considers psycho-pedagogical and legal factors training of military personnel in Russia.
Ключевые слова / Keywords:
professional responsibility, education, military education, legal training.
Аннотация / Annotation:
The article is devoted to historical and pedagogical analysis of the formation and development of the practice of formation of professional responsibility in military education. It considers psycho-pedagogical and legal factors training of military personnel in Russia.
Ключевые слова / Keywords:
professional responsibility, education, military education, legal training.
NAUMKINA V.V. Naumkina V.V. – Doctor of Law, Associate Professor
Conditions of the marriage contract in the customary law of Siberian nomads (1 half XIX century)
Страницы / Pages: 148-152
Аннотация / Annotation:
The article is devoted to economic and moral conditions of the marriage contract. The author examines the collective nature of marital agreements and features of marriageable age. The author also stands out particularly marriage among of the Siberian nomads.
Ключевые слова / Keywords:
common law marriage, age of spouses, especially the marital relationship.
Аннотация / Annotation:
The article is devoted to economic and moral conditions of the marriage contract. The author examines the collective nature of marital agreements and features of marriageable age. The author also stands out particularly marriage among of the Siberian nomads.
Ключевые слова / Keywords:
common law marriage, age of spouses, especially the marital relationship.
MIKHAILOVA O.E. Mikhailova O.E. – Candidate of Laws
The Genesis of the Customs Legislation of Russia in the Middle Ages
Страницы / Pages: 153-156
Аннотация / Annotation:
The article deals with the problems of the origin and formation of the customs legislations of the Russian state, the creation of system of foreign trade regulation in the 11-17th centuries. The main attantion is paid to the retrospective analysis of customs norm-setting in the specified period.
Ключевые слова / Keywords:
customs, “Russkaya Pravda”, customs duties, “Trade Charter”, “New Trade Chater”, protectionism.
SCIENTIFIC DEBUTАннотация / Annotation:
The article deals with the problems of the origin and formation of the customs legislations of the Russian state, the creation of system of foreign trade regulation in the 11-17th centuries. The main attantion is paid to the retrospective analysis of customs norm-setting in the specified period.
Ключевые слова / Keywords:
customs, “Russkaya Pravda”, customs duties, “Trade Charter”, “New Trade Chater”, protectionism.
CHEPRUNOV R.U.
Cheprunov R.U.
–
Legal and institutional aspects of a detsentralizm in reforming of local self-government in Ukraine
Страницы / Pages: 157-169
Аннотация / Annotation:
The article describes reform of system of the local self-government, carried out in a context of the course chosen by Ukraine on power decentralization in the state. Are estimated strong and weaknesses of the offered project of reform, possibility of introduction of the separate ideas offered in this project in the Russian reality.
Ключевые слова / Keywords:
reform of local self-government, decentralization, federalization, Ukraine, council, executive body of council.
Аннотация / Annotation:
The article describes reform of system of the local self-government, carried out in a context of the course chosen by Ukraine on power decentralization in the state. Are estimated strong and weaknesses of the offered project of reform, possibility of introduction of the separate ideas offered in this project in the Russian reality.
Ключевые слова / Keywords:
reform of local self-government, decentralization, federalization, Ukraine, council, executive body of council.
ANDREEV K.M.
Andreev K.M.
–
Legitimate reasons and conditions for the disclosure of information protected as a religious secret from the point of view of constitutional law
Страницы / Pages: 170-174
Аннотация / Annotation:
The article is devoted to the study of the causes, conditions and cases of lawful disclosure of confidential information is protected as a religious secret, the limits of the autonomy of religious organizations associated with domestic institutions and historical traditions, the preservation of religious secret.
Ключевые слова / Keywords:
religious freedom, religion, church-state relations, constitutional rights and freedoms, religious secret, secret of confession.
Аннотация / Annotation:
The article is devoted to the study of the causes, conditions and cases of lawful disclosure of confidential information is protected as a religious secret, the limits of the autonomy of religious organizations associated with domestic institutions and historical traditions, the preservation of religious secret.
Ключевые слова / Keywords:
religious freedom, religion, church-state relations, constitutional rights and freedoms, religious secret, secret of confession.
SOKOLOVA D.V.
Sokolova D.V.
–
On the question of the need to study the basics of international humanitarian law by journalists
Страницы / Pages: 175-179
Аннотация / Annotation:
This article devoted to studying the foundations of international humanitarian law by journalists. The publication based on data of the expert survey conducted among journalists and photographers. The respondents’ answers suggest inadequate informativenes reporters in matters of law of war.
Ключевые слова / Keywords:
international humanitarian law, media education, military journalism, hot zones.
Аннотация / Annotation:
This article devoted to studying the foundations of international humanitarian law by journalists. The publication based on data of the expert survey conducted among journalists and photographers. The respondents’ answers suggest inadequate informativenes reporters in matters of law of war.
Ключевые слова / Keywords:
international humanitarian law, media education, military journalism, hot zones.