Право и образование
№ 11 • 2015
EDUCATIONAL LAW
Kurov S.V. – candidate of law scince, associate Professor

Страницы / Pages: 4-14
Аннотация / Annotation:
The article is devoted to actual problems of moral and ethical rules in education (high education). On the real cases is opened nature and charecterisfics of moral and ethical rules in education area and its relations wilth law.
Ключевые слова / Keywords:
education rules in education (high education), education law; educational legal relationship; management in high education.
Аннотация / Annotation:
The article is devoted to actual problems of moral and ethical rules in education (high education). On the real cases is opened nature and charecterisfics of moral and ethical rules in education area and its relations wilth law.
Ключевые слова / Keywords:
education rules in education (high education), education law; educational legal relationship; management in high education.

Demidyuk V.A. – PhD in Law, Associate Professor

Страницы / Pages: 15-25
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.
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.

Vostryakov N.A. – head of school №8 of Lesnoy

Ozhiganova M.V. – PhD of Law, docent

Страницы / Pages: 26-35
Аннотация / Annotation:
Questions of law and regulation, connected with enhancement of new wage system in educational organizations are analyzed in this article.
Ключевые слова / Keywords:
educators, wage, stimulating payment, effective contract.
MODERN EDUCATIONАннотация / Annotation:
Questions of law and regulation, connected with enhancement of new wage system in educational organizations are analyzed in this article.
Ключевые слова / Keywords:
educators, wage, stimulating payment, effective contract.

Alehin I.A. – doctor of pedagogical sciences, professor

Trenin I.V.
–

Страницы / Pages: 36-45
Аннотация / Annotation:
The report discusses the legal aspects of the integration of information and didactic resources in the military College. The article is an attempt to summarize and classify the possible legal problems associated with the integration of information resources and application of modern information technologies in the educational process of the University, the possible ways of resolving legal problems and focus on legal gaps the issue of integration of resources.
Ключевые слова / Keywords:
problems of legal security, efficiency, integration, information resources, teaching resources, educational process, classification, legal issues, legal spaces, modern information technology.
Аннотация / Annotation:
The report discusses the legal aspects of the integration of information and didactic resources in the military College. The article is an attempt to summarize and classify the possible legal problems associated with the integration of information resources and application of modern information technologies in the educational process of the University, the possible ways of resolving legal problems and focus on legal gaps the issue of integration of resources.
Ключевые слова / Keywords:
problems of legal security, efficiency, integration, information resources, teaching resources, educational process, classification, legal issues, legal spaces, modern information technology.

Tretyakova O.V. – Doctor of Political Sciences, Associate Professor

Страницы / Pages: 46-56
Аннотация / Annotation:
The article is devoted to legal training of students – future specialists in advertising and public relations, and to their legal culture formation. The author analyzes the university course «Legal and ethical principles of advertising and PR-activities», its role and place in the education of future specialists. Particular attention is paid to the methods of teaching aimed at preventing, by subjects of the advertising market, offenses and conscious abidance of established rules – both in legislation and in corporate codes of self-regulation.
Ключевые слова / Keywords:
advertising, public relations, legal training, legal culture, professional ethics, methods of teaching.
Аннотация / Annotation:
The article is devoted to legal training of students – future specialists in advertising and public relations, and to their legal culture formation. The author analyzes the university course «Legal and ethical principles of advertising and PR-activities», its role and place in the education of future specialists. Particular attention is paid to the methods of teaching aimed at preventing, by subjects of the advertising market, offenses and conscious abidance of established rules – both in legislation and in corporate codes of self-regulation.
Ключевые слова / Keywords:
advertising, public relations, legal training, legal culture, professional ethics, methods of teaching.

Shubina I.V. – candidate of pedagogical sciences, associate professor

Страницы / Pages: 57-64
Аннотация / Annotation:
The article discusses the project activities, its essence, content, and the place and role in the implementation of the SMART education society. Disclosed its main directions and methods of implementation. This project activity serves as a tool SMART education.
Ключевые слова / Keywords:
project, activities, project activities, SMART education, distance education, information society.
HOT TOPICАннотация / Annotation:
The article discusses the project activities, its essence, content, and the place and role in the implementation of the SMART education society. Disclosed its main directions and methods of implementation. This project activity serves as a tool SMART education.
Ключевые слова / Keywords:
project, activities, project activities, SMART education, distance education, information society.

Ponkin I.V. – doctor of science (Law), professor

Страницы / Pages: 65-73
Аннотация / Annotation:
The article is devoted to the concept of parallel states. The article investigates the essential attributes, species, nature, causes and features of functioning of Parallel State. The article shows the contents of the scientific discussion on this topic. The article proposed the author’s definition of Parallel State, represented the classification of Parallel State.
Ключевые слова / Keywords:
Parallel State, Failed State, Dysfunctional State, public administration, governance, sovereignty, destabilization of the state.
Аннотация / Annotation:
The article is devoted to the concept of parallel states. The article investigates the essential attributes, species, nature, causes and features of functioning of Parallel State. The article shows the contents of the scientific discussion on this topic. The article proposed the author’s definition of Parallel State, represented the classification of Parallel State.
Ключевые слова / Keywords:
Parallel State, Failed State, Dysfunctional State, public administration, governance, sovereignty, destabilization of the state.

Soloviev A.A. – doctor of legal Sciences

Sheiafetdinova N.A. – candidate of legal Sciences, associate Professor

Страницы / Pages: 74-79
Аннотация / Annotation:
The article considers the issues important principle of legal responsibility – the multiplication of attraction to legal liability. The question is investigated in the context of international and domestic law.
Ключевые слова / Keywords:
judicial reform, legal responsibility, the principles of legal responsibility, normally requires a single accountability.
Аннотация / Annotation:
The article considers the issues important principle of legal responsibility – the multiplication of attraction to legal liability. The question is investigated in the context of international and domestic law.
Ключевые слова / Keywords:
judicial reform, legal responsibility, the principles of legal responsibility, normally requires a single accountability.

Zavrazhin A.V. – the doctor ofhistorical sciences, professor

Karmanov M.V. – the doctor of economics, professor

Страницы / Pages: 80-87
Аннотация / Annotation:
Recently society in increasing frequency faces such serious problem as telephone terrorism. Its decision is objectively impossible without comprehensive and reliable information about scales, prevalence, structure and damage from obviously untrue reports on acts of terrorism. In this regard great scientific and practical interest causes improvement of methodology of the theoretical applied analysis of so negative social and economic phenomenon.
Ключевые слова / Keywords:
Telephone terrorism, features of telephone terrorism as object of the analysis, indicators of telephone terrorism, problem of an assessment of telephone terrorism.
Аннотация / Annotation:
Recently society in increasing frequency faces such serious problem as telephone terrorism. Its decision is objectively impossible without comprehensive and reliable information about scales, prevalence, structure and damage from obviously untrue reports on acts of terrorism. In this regard great scientific and practical interest causes improvement of methodology of the theoretical applied analysis of so negative social and economic phenomenon.
Ключевые слова / Keywords:
Telephone terrorism, features of telephone terrorism as object of the analysis, indicators of telephone terrorism, problem of an assessment of telephone terrorism.

Tverdova T.V. – PhD in law, associate Professor

Страницы / Pages: 88-98
Аннотация / Annotation:
Legal person as a subject of civil law, acting the law or deal obligations must be held accountable. However, the current legal mechanism allows a legal entity that has violated the rights and legitimate interests of their counterparties, to escape responsibility even in the presence of an enforceable court decision. One of the reasons is the dishonesty of the persons authorized to act on behalf of a legal entity. This article analyzes some existing in civil law of Russia of the problems in determining who and how much can be held responsible for a legal person.
Ключевые слова / Keywords:
civil law; legal person; the subject of civil rights, responsibility, property of the legal person; founding document; the sole Executive body; the participant, loss.
Аннотация / Annotation:
Legal person as a subject of civil law, acting the law or deal obligations must be held accountable. However, the current legal mechanism allows a legal entity that has violated the rights and legitimate interests of their counterparties, to escape responsibility even in the presence of an enforceable court decision. One of the reasons is the dishonesty of the persons authorized to act on behalf of a legal entity. This article analyzes some existing in civil law of Russia of the problems in determining who and how much can be held responsible for a legal person.
Ключевые слова / Keywords:
civil law; legal person; the subject of civil rights, responsibility, property of the legal person; founding document; the sole Executive body; the participant, loss.

Chechenev N.S.
–

Страницы / Pages: 99-105
Аннотация / Annotation:
The article is considered one of unique mechanisms of state management – the state preferences, their role in system of administrative and legal mechanisms managements of the state organizations. Features of realization of the state preferences within the frameworks of integration processes European and Eurasian economic union and influence on efficient governance the state organizations are researched.
Ключевые слова / Keywords:
administrative and legal mechanisms, state organizations, the state preferences, integration, the Eurasian economic union, the European Union.
FOREIGN EXPERIENCEАннотация / Annotation:
The article is considered one of unique mechanisms of state management – the state preferences, their role in system of administrative and legal mechanisms managements of the state organizations. Features of realization of the state preferences within the frameworks of integration processes European and Eurasian economic union and influence on efficient governance the state organizations are researched.
Ключевые слова / Keywords:
administrative and legal mechanisms, state organizations, the state preferences, integration, the Eurasian economic union, the European Union.

Berzin V.A. – doctor of science Law

Страницы / Pages: 106-112
Аннотация / Annotation:
The article is devoted to research of the functioning of public administration in the field of wine viticulture and winemaking in Argentina. The article describes the legal status and functions of the principal organs of public administration in this area.
Ключевые слова / Keywords:
wine, wine, grape vine, wine industry, public administration, administrative law.
Аннотация / Annotation:
The article is devoted to research of the functioning of public administration in the field of wine viticulture and winemaking in Argentina. The article describes the legal status and functions of the principal organs of public administration in this area.
Ключевые слова / Keywords:
wine, wine, grape vine, wine industry, public administration, administrative law.

Nureyev G.H. – PhD, Associate Professor

Страницы / Pages: 113-120
Аннотация / Annotation:
This article analyzes the legislation and practice of exercising the powers of the constitutional courts of Western European countries (for example Germany, France, Italy and Spain) for the resolution of disputes on competence between state bodies. The peculiarities of this type of constitutional proceedings.
Ключевые слова / Keywords:
a dispute about competence, public authorities, the constitutional review, the plaintiff, the defendant, the parties of the case, competitiveness.
Аннотация / Annotation:
This article analyzes the legislation and practice of exercising the powers of the constitutional courts of Western European countries (for example Germany, France, Italy and Spain) for the resolution of disputes on competence between state bodies. The peculiarities of this type of constitutional proceedings.
Ключевые слова / Keywords:
a dispute about competence, public authorities, the constitutional review, the plaintiff, the defendant, the parties of the case, competitiveness.

Aristov E.V. – PhD (Law)

Страницы / Pages: 121-133
Аннотация / Annotation:
The article investigates the features of model of the welfare state implemented in the German. The article shows the features of fixing of guarantees of the welfare state at the federal and regional levels. The author described the positions of the Federal Constitutional Court of Germany on the question of interpretation of the content and significance of the constitutional principle of the welfare state.
Ключевые слова / Keywords:
Welfare State, welfaring of the State, Constitutional Law, basis of the constitutional system, constitutional-legal principle of the Welfare State.
Аннотация / Annotation:
The article investigates the features of model of the welfare state implemented in the German. The article shows the features of fixing of guarantees of the welfare state at the federal and regional levels. The author described the positions of the Federal Constitutional Court of Germany on the question of interpretation of the content and significance of the constitutional principle of the welfare state.
Ключевые слова / Keywords:
Welfare State, welfaring of the State, Constitutional Law, basis of the constitutional system, constitutional-legal principle of the Welfare State.

Ponkina A.I. – PhD (Law)

Страницы / Pages: 134-139
Аннотация / Annotation:
The article investigates the place and significance of regulations of the international sports organizations. The author investigated the features of interaction between the regulations of the international sports organizations and national legislation of States.
Ключевые слова / Keywords:
sports law, lex sportiva, sports, legal regulation in the sports sphere, autonomous extralegal normative order, autonomy of sport, procedural norms, international sports organizations.
SCIENTIFIC DEBUTАннотация / Annotation:
The article investigates the place and significance of regulations of the international sports organizations. The author investigated the features of interaction between the regulations of the international sports organizations and national legislation of States.
Ключевые слова / Keywords:
sports law, lex sportiva, sports, legal regulation in the sports sphere, autonomous extralegal normative order, autonomy of sport, procedural norms, international sports organizations.

Kochergina N.V. – Chief Expert

Страницы / Pages: 140-145
Аннотация / Annotation:
The article comprehensively reviews the features of the current situation with the legal regulation and the vector of criminal bankruptcy development in the Russian Federation. It discusses various aspects of insolvency (bankruptcy) based on current statistics, regulatory changes of the body of law controlling the insolvency (bankruptcy) problems, various judicial practice, as well as the criminal component of the institution, taking into account the norms of criminal law.
Ключевые слова / Keywords:
insolvency (bankruptcy), bankruptcy law, criminal bankruptcy.
Аннотация / Annotation:
The article comprehensively reviews the features of the current situation with the legal regulation and the vector of criminal bankruptcy development in the Russian Federation. It discusses various aspects of insolvency (bankruptcy) based on current statistics, regulatory changes of the body of law controlling the insolvency (bankruptcy) problems, various judicial practice, as well as the criminal component of the institution, taking into account the norms of criminal law.
Ключевые слова / Keywords:
insolvency (bankruptcy), bankruptcy law, criminal bankruptcy.

Rybakova M.A.
–

Страницы / Pages: 146-153
Аннотация / Annotation:
Lawmaking is one of the most important spheres prompt, timely and most adequately address the main social, economic and political problems of the modern Russian society. This article discusses the concept of effective legislative activity and proved its evaluation methodology, and argued identified key factors for a successful legislative results- independence and freedom from undue political and regulatory constraints, the participation of external experts, transparency – is, in my opinion – the basis of effective lawmaking activities.
Ключевые слова / Keywords:
legislative activity, effective legislation, sustainable development.
Аннотация / Annotation:
Lawmaking is one of the most important spheres prompt, timely and most adequately address the main social, economic and political problems of the modern Russian society. This article discusses the concept of effective legislative activity and proved its evaluation methodology, and argued identified key factors for a successful legislative results- independence and freedom from undue political and regulatory constraints, the participation of external experts, transparency – is, in my opinion – the basis of effective lawmaking activities.
Ключевые слова / Keywords:
legislative activity, effective legislation, sustainable development.

Khazova V.M.
–

Страницы / Pages: 154-160
Аннотация / Annotation:
The implementation of the new value the principles of successful human life with the transformation in the health system. The paper investigates the mechanism of socialization of medical personnel in the context of health reforms. Is the rationale for a deeper scientific analysis of the effectiveness of professional activity of the system for monitoring the quality and volume of medical services.
Ключевые слова / Keywords:
social medicine, health, the transformation of the health system, quality control, social mobility.
Аннотация / Annotation:
The implementation of the new value the principles of successful human life with the transformation in the health system. The paper investigates the mechanism of socialization of medical personnel in the context of health reforms. Is the rationale for a deeper scientific analysis of the effectiveness of professional activity of the system for monitoring the quality and volume of medical services.
Ключевые слова / Keywords:
social medicine, health, the transformation of the health system, quality control, social mobility.

Sedova D.V.
–

Страницы / Pages: 161-165
Аннотация / Annotation:
The article is devoted to the legal regulation in the Soviet social policy of childhood and guardianship in the USSR during the postwar period of 1945-1955es. The author analyzed the normative legal acts about the social policy in helping children and orphelans, archival materials.
Ключевые слова / Keywords:
normative legal acts, childhood, orphelans, guardianship.
FORUMS AND RESEARCHАннотация / Annotation:
The article is devoted to the legal regulation in the Soviet social policy of childhood and guardianship in the USSR during the postwar period of 1945-1955es. The author analyzed the normative legal acts about the social policy in helping children and orphelans, archival materials.
Ключевые слова / Keywords:
normative legal acts, childhood, orphelans, guardianship.

Ozerov A.A. – PhD, Associate Professor

Tyurikov A.G. – Doctor of Social Sciences, Professor

Страницы / Pages: 166-175
Аннотация / Annotation:
The article describes the results of the Second Eurasian Forum «The quality of education, quality of human resources, quality of life» and a comprehensive study of the Eurasian «The quality of municipal power in Eurasia.» Particular attention is paid to the issues of quality education as a key resource of human development and decent quality of life.
Ключевые слова / Keywords:
quality of education, continuing education, quality of human resources, quality of government, quality of life as a criterion for evaluating the effectiveness of social control.
Аннотация / Annotation:
The article describes the results of the Second Eurasian Forum «The quality of education, quality of human resources, quality of life» and a comprehensive study of the Eurasian «The quality of municipal power in Eurasia.» Particular attention is paid to the issues of quality education as a key resource of human development and decent quality of life.
Ключевые слова / Keywords:
quality of education, continuing education, quality of human resources, quality of government, quality of life as a criterion for evaluating the effectiveness of social control.