Право и образование
№ 11 • 2016
A THEORY OF LAW
VESELKOVA E.G. Veselkova E.G. – Ph.D
The legal capacity of organizations
Страницы / Pages: 4-12
Аннотация / Annotation:
The article explores doctrinal legal capacity of the organizations, analyzed the modern theory of competence. The author comes to the conclusion about the existence in addition to General and special legal capacity of organizations of special form of legal capacity of legal entities, exclusive of legal capacity. Lists a number of organizations with exceptional capacity. Definitions are offered of General, special and exclusive legal organizations.
Ключевые слова / Keywords:
capacity, specialized subjects of business law, General legal capacity, special capacity, exceptional capacity, non-profit organizations, educational institutions, unitary enterprises.
Аннотация / Annotation:
The article explores doctrinal legal capacity of the organizations, analyzed the modern theory of competence. The author comes to the conclusion about the existence in addition to General and special legal capacity of organizations of special form of legal capacity of legal entities, exclusive of legal capacity. Lists a number of organizations with exceptional capacity. Definitions are offered of General, special and exclusive legal organizations.
Ключевые слова / Keywords:
capacity, specialized subjects of business law, General legal capacity, special capacity, exceptional capacity, non-profit organizations, educational institutions, unitary enterprises.
REDKINA A.I. Redkina A.I. – PhD (Law)
The concept of autonomy in law: theoretical aspect
Страницы / Pages: 13-21
Аннотация / Annotation:
The article is devoted to the definition, nature, value and type of autonomy in the law. The article examines the notion of personal autonomy and of collective autonomy.
Ключевые слова / Keywords:
autonomy, autonomous, autonomy in law, theory of law, order, Autonomous order, freedom.
Аннотация / Annotation:
The article is devoted to the definition, nature, value and type of autonomy in the law. The article examines the notion of personal autonomy and of collective autonomy.
Ключевые слова / Keywords:
autonomy, autonomous, autonomy in law, theory of law, order, Autonomous order, freedom.
VASILYEV I.V.
Vasilyev I.V.
–
The law of civil society in the system of modern law
Страницы / Pages: 22-29
Аннотация / Annotation:
The article is devoted to the solving the question of what is the relationship of law of civil society with other components of the system of modern law. The author argues that, as a complex and contradictory, this relationship gives an impetus for the development of the civil society and its law.
Ключевые слова / Keywords:
modern law, legal life, civil society, state, group law, human rights.
Аннотация / Annotation:
The article is devoted to the solving the question of what is the relationship of law of civil society with other components of the system of modern law. The author argues that, as a complex and contradictory, this relationship gives an impetus for the development of the civil society and its law.
Ключевые слова / Keywords:
modern law, legal life, civil society, state, group law, human rights.
LAVRUKHIN S.V. Lavrukhin S.V. – PhD in law, associate professor
The category of «criminal behavior» in the system of interdisciplinary scientific concepts
Страницы / Pages: 30-40
Аннотация / Annotation:
The article examines the connection and correlation of the category «criminal behavior» with the general concepts of anticriminal sciences for differentiation of their content, clarify legal terms and to optimize the teaching of forencic science in educational institutions of higher professional education.
Ключевые слова / Keywords:
criminal behavior, crime, criminal activity, criminal activity, organized criminal activity, investigated the event, the subject of proof, the subject of the investigation.
EDUCATIONAL LAWАннотация / Annotation:
The article examines the connection and correlation of the category «criminal behavior» with the general concepts of anticriminal sciences for differentiation of their content, clarify legal terms and to optimize the teaching of forencic science in educational institutions of higher professional education.
Ключевые слова / Keywords:
criminal behavior, crime, criminal activity, criminal activity, organized criminal activity, investigated the event, the subject of proof, the subject of the investigation.
RYLSKAYA M.A. Rylskaya M.A. – Doctor of Law, Docent
High school science: problems of improving and implementing
Страницы / Pages: 41-46
Аннотация / Annotation:
The article deals with the disclosure of the problematic aspects of the integration of science and education on the basis of research of the trends of its content, reflected in the legal documents and forms of implementation.
Ключевые слова / Keywords:
high school science, legal mechanisms of integration process, educational programs, status of scientific and teaching staff, scientific schools.
Аннотация / Annotation:
The article deals with the disclosure of the problematic aspects of the integration of science and education on the basis of research of the trends of its content, reflected in the legal documents and forms of implementation.
Ключевые слова / Keywords:
high school science, legal mechanisms of integration process, educational programs, status of scientific and teaching staff, scientific schools.
KUROV S.V. Kurov S.V. – PhD in Law, Associate Professor
Management in Educational System: conception, structure, characteristics
Страницы / Pages: 47-61
Аннотация / Annotation:
The author stats that management in Russian educational system may be presented in four lewels. Discussed characteristics and differencies of its.
Ключевые слова / Keywords:
management in educational system, education, administration in educational; legal ground of management in education system.
Аннотация / Annotation:
The author stats that management in Russian educational system may be presented in four lewels. Discussed characteristics and differencies of its.
Ключевые слова / Keywords:
management in educational system, education, administration in educational; legal ground of management in education system.
KOVAL А.V. Koval А.V. – сandidate of Economic Sciences, аssociate Professor
Some questions of interpretation of the category «Distance education technologies» as an object of legal regulation
Страницы / Pages: 62-70
Аннотация / Annotation:
Presents the author’s point of view concerning the interpretation of the category «distance education technologies», as an object of legal regulation. The author analyzes the essence of distance learning technologies with the position set out by the legislator, and the settings contained in the regulations of the Ministry of Education and Science of the Russian Federation. Some recommendations for regulation in the educational organization of application of remote educational technologies in educational process.
Ключевые слова / Keywords:
distance education technologies, legal analysis of electronic information learning environment, educational organization.
Аннотация / Annotation:
Presents the author’s point of view concerning the interpretation of the category «distance education technologies», as an object of legal regulation. The author analyzes the essence of distance learning technologies with the position set out by the legislator, and the settings contained in the regulations of the Ministry of Education and Science of the Russian Federation. Some recommendations for regulation in the educational organization of application of remote educational technologies in educational process.
Ключевые слова / Keywords:
distance education technologies, legal analysis of electronic information learning environment, educational organization.
STEPANOVA А.S.
Stepanova А.S.
–
Legal regulation of the status of students who are in a difficult situation: on the Law of the Russian Federation «On Education» to the Federal Law «On Education in the Russian Federation»
Страницы / Pages: 71-75
Аннотация / Annotation:
Adding to those or other rights or obligations of students who are in work-life situation, it establishes their legal status, increases social Protective-intrafamilial children.
Ключевые слова / Keywords:
the right to education, the rights of students who are in difficulty B tuations, the constitutional foundations, intermediate treatment and final certification.
MODERN EDUCATIONАннотация / Annotation:
Adding to those or other rights or obligations of students who are in work-life situation, it establishes their legal status, increases social Protective-intrafamilial children.
Ключевые слова / Keywords:
the right to education, the rights of students who are in difficulty B tuations, the constitutional foundations, intermediate treatment and final certification.
BARYSHNIKOV N.V. Baryshnikov N.V. – doctor of pedagogical sciences, professor
KORZHAN E.A.
Korzhan E.A.
–
Educational process in military and civilhigher educational organizations: an attempt of comparative analysis
Страницы / Pages: 76-83
Аннотация / Annotation:
Common and distinctive characteristics of the educational process in military and civil higher educational organizations are considered in comparative termsin the article.
Ключевые слова / Keywords:
educational process, distinctive features in military higher education, insularity of educational space, regimentation, authorized relations, command-administrative system of management, inseparable connection between training and education.
Аннотация / Annotation:
Common and distinctive characteristics of the educational process in military and civil higher educational organizations are considered in comparative termsin the article.
Ключевые слова / Keywords:
educational process, distinctive features in military higher education, insularity of educational space, regimentation, authorized relations, command-administrative system of management, inseparable connection between training and education.
URAZBAEV R.SH.
Urazbaev R.Sh.
–
VU DINH NGO
VU Dinh Ngo
–
Fighting corruption in education: cooperation of Russia and Vietnam
Страницы / Pages: 84-90
Аннотация / Annotation:
The article analyses the issues of creating and maintaining the moral environment at higher education institutions. The authors emphasize the necessity to develop an anti-corruption academic program aimed at formation of law-abiding persons and prevention of corruption offences at education institutions. The paper appeals to consider the international practice in fighting corruption and search for joint approaches with states which face the similar challenges.
Ключевые слова / Keywords:
corruption control, anti-corruption education, international cooperation, higher education, Vietnam.
Аннотация / Annotation:
The article analyses the issues of creating and maintaining the moral environment at higher education institutions. The authors emphasize the necessity to develop an anti-corruption academic program aimed at formation of law-abiding persons and prevention of corruption offences at education institutions. The paper appeals to consider the international practice in fighting corruption and search for joint approaches with states which face the similar challenges.
Ключевые слова / Keywords:
corruption control, anti-corruption education, international cooperation, higher education, Vietnam.
VASILCHENKO A.A. Vasilchenko A.A. – Cand. Sc. (Law), Associate Professor
ZHILKIN M.G. Zhilkin M.G. – Cand. Sc. (Law), Associate Professor
KACHALOV V.V. Kachalov V.V. – Cand. Sc. (Law), Associate Professor
Criminal law exam: innovative approach
Страницы / Pages: 91-97
Аннотация / Annotation:
The article discusses the principles of setting a video-based criminal law exam, describes the advantages thereof in light of the increasing attention to competency-based, cross-subject and practice-oriented approach in modern higher school.
Ключевые слова / Keywords:
examining methods (principles), teaching criminal law, innovative educational technology, video-cases.
Аннотация / Annotation:
The article discusses the principles of setting a video-based criminal law exam, describes the advantages thereof in light of the increasing attention to competency-based, cross-subject and practice-oriented approach in modern higher school.
Ключевые слова / Keywords:
examining methods (principles), teaching criminal law, innovative educational technology, video-cases.
LIZUNKOV V.G. Lizunkov V.G. – candidate of pedagogical sciences
MALUSHKO Е.YU. Malushko Е.Yu. – candidate of pedagogical sciences
Teachers’ professional development in the framework of the CDIO approach
Страницы / Pages: 98-103
Аннотация / Annotation:
The paper examines the factors and administrative expenses that affect the success of organizational changes in the system of engineering education; presents the ways to use the existing experience for the successful application of CDIO approach to engineering education; specifies opportunities for further training, developing professional engineering skills and personal qualities of the young and experienced teaching staff within the engineering high school courses off- and on-the-job teaching practice
Ключевые слова / Keywords:
CDIO; engineering programs; professional development; internship; cooperation.
Аннотация / Annotation:
The paper examines the factors and administrative expenses that affect the success of organizational changes in the system of engineering education; presents the ways to use the existing experience for the successful application of CDIO approach to engineering education; specifies opportunities for further training, developing professional engineering skills and personal qualities of the young and experienced teaching staff within the engineering high school courses off- and on-the-job teaching practice
Ключевые слова / Keywords:
CDIO; engineering programs; professional development; internship; cooperation.
NIKOLAEV S.M. Nikolaev S.M. – candidate of pedagogical Sciences, associate Professor
Strategic directions of improvement of training of cadets of law enforcement agencies to combat corruption in higher education
Страницы / Pages: 104-113
Аннотация / Annotation:
In the article the peculiarities of formation of valuable orientations of corruption the cadets of departmental educational institutions of law enforcement. Organization of activities in terms of corruption risks require targeted preventive training for the establishment of the position of profitability of rejection of corruption. The focus on professional activities determine the use of the theory of contextual learning.
Ключевые слова / Keywords:
value orientations of corruption, contextual learning, principles and conditions of formation of valuable orientations of corruption.
WE DISCUSS THE PROBLEMАннотация / Annotation:
In the article the peculiarities of formation of valuable orientations of corruption the cadets of departmental educational institutions of law enforcement. Organization of activities in terms of corruption risks require targeted preventive training for the establishment of the position of profitability of rejection of corruption. The focus on professional activities determine the use of the theory of contextual learning.
Ключевые слова / Keywords:
value orientations of corruption, contextual learning, principles and conditions of formation of valuable orientations of corruption.
EVDOKIMOV V.B. Evdokimov V.B. – Doctor of law, Professor
Public procurator’s offices and justices acti in strengthening unity of law space of Russian Federation
Страницы / Pages: 114-120
Аннотация / Annotation:
In article tells about activity of public procurator’s office and judicial authorities in strengthening unity of law space of Russian Federation and introduced motions about improvement legislation and enforcement.
Ключевые слова / Keywords:
constitution of Russian Federation, law, unity of law space, public procurator’s office, justice.
Аннотация / Annotation:
In article tells about activity of public procurator’s office and judicial authorities in strengthening unity of law space of Russian Federation and introduced motions about improvement legislation and enforcement.
Ключевые слова / Keywords:
constitution of Russian Federation, law, unity of law space, public procurator’s office, justice.
SHCHEGLOV A.V. Shcheglov A.V. – candidate of pedagogical Sciences, associate Professor
The origins and content of the ideology of religious extremism
Страницы / Pages: 121-127
Аннотация / Annotation:
The Events in modern political map of the world showing everyone that extremism has ceased to be occasional and extraordinary phenomenon. He became widely practiced various kinds of religious-political, nationalist movements, the way the power to solve a number of acute problems. Is increasingly manifested in an open way, religious extremism is a threat to the stability of the entire world community, because globalization has made regional threats in General.
Ключевые слова / Keywords:
religious extremism; aggression; totalitarianism; religious extremist centers; destructive ideology; religious fanaticism; Islamic fundamentalism; counter religious extremism.
Аннотация / Annotation:
The Events in modern political map of the world showing everyone that extremism has ceased to be occasional and extraordinary phenomenon. He became widely practiced various kinds of religious-political, nationalist movements, the way the power to solve a number of acute problems. Is increasingly manifested in an open way, religious extremism is a threat to the stability of the entire world community, because globalization has made regional threats in General.
Ключевые слова / Keywords:
religious extremism; aggression; totalitarianism; religious extremist centers; destructive ideology; religious fanaticism; Islamic fundamentalism; counter religious extremism.
DMITRIEVA L.G. Dmitrieva L.G. – doctor of psychological Sciences
LEBEDEV D.V
Lebedev D.V
–
CHERNYSHOVA L.V.
Chernyshova L.V.
–
Personal determinants of professional self-determination and competitiveness staff UFSIN
Страницы / Pages: 128-134
Аннотация / Annotation:
The article says that professional self-determination in some types of professional identity is complex and ambiguous phenomenon and is associated not only with such concepts as responsibility, creativity, competence, but also with a can-do spirit, which may, in some situations the tranformirovat′sâ codependency and become a source of realization of conflict and destructive tendencies in professional development.
Ключевые слова / Keywords:
professional self-determination, responsibility, sozavisimye relations.
Аннотация / Annotation:
The article says that professional self-determination in some types of professional identity is complex and ambiguous phenomenon and is associated not only with such concepts as responsibility, creativity, competence, but also with a can-do spirit, which may, in some situations the tranformirovat′sâ codependency and become a source of realization of conflict and destructive tendencies in professional development.
Ключевые слова / Keywords:
professional self-determination, responsibility, sozavisimye relations.
KOMYAGINA Y.S. Komyagina Y.S. – PhD in Law
Principles of investigative actions
Страницы / Pages: 135-145
Аннотация / Annotation:
The article considers the essence of the principle investigative action, the system of the principles of investigation actions, it scientific, practical and didactic value.
Ключевые слова / Keywords:
crime investigation, investigative actions, the principle of investigative action.
Аннотация / Annotation:
The article considers the essence of the principle investigative action, the system of the principles of investigation actions, it scientific, practical and didactic value.
Ключевые слова / Keywords:
crime investigation, investigative actions, the principle of investigative action.
TUPIKIN R.V.
Tupikin R.V.
–
Norms of concordats on the status of property religious sites and property relations of religious organizations in Germany
Страницы / Pages: 146-161
Аннотация / Annotation:
The article investigates the concordats on the status of property religious sites and property relations of religious organizations in Germany.
Ключевые слова / Keywords:
civil law, religious real estate, religious organization, concordat.
Аннотация / Annotation:
The article investigates the concordats on the status of property religious sites and property relations of religious organizations in Germany.
Ключевые слова / Keywords:
civil law, religious real estate, religious organization, concordat.
OGURTSOVA M.L. PHD (LAW)
Ogurtsova M.L. PhD (Law)
–
The main objects of supervision of observance of orphans’ housing rights
Страницы / Pages: 162-167
Аннотация / Annotation:
The article touches upon the characteristics of the state of law in respect of orphans’ housing rights, the most common violations found in this area. It is noted that a significant number of such violations are allowed by the executive bodies of state authority of the Russian Federation and bodies of local self-government. Formulated the conclusion about the necessity of optimization of activity of custody bodies, other bodies of state power of subjects of the Russian Federation and bodies of local self-government.
Ключевые слова / Keywords:
orphans, housing rights, bodies of state power, prosecutor, objects of supervision.
PAGES OF HISTORYАннотация / Annotation:
The article touches upon the characteristics of the state of law in respect of orphans’ housing rights, the most common violations found in this area. It is noted that a significant number of such violations are allowed by the executive bodies of state authority of the Russian Federation and bodies of local self-government. Formulated the conclusion about the necessity of optimization of activity of custody bodies, other bodies of state power of subjects of the Russian Federation and bodies of local self-government.
Ключевые слова / Keywords:
orphans, housing rights, bodies of state power, prosecutor, objects of supervision.
ARZAMASKIN Y.N. Arzamaskin Y.N. – Doctor of Sciences (History), Professor
Periodization of the Russian history: problems and their solutions
Страницы / Pages: 168-174
Аннотация / Annotation:
The article deals with the problems of the periodization of history, which is not only an academic problem, but also a practical one for the state and the world. It stresses that the debatable and exceptional difficulty in defining the universal periodization is not only in different approaches to it, but, to a greater extent, in differences and opposites of the criteria for its creation. It concludes that the periodization of historical science is necessary for both the research and the transfer of knowledge from a lecturer to the students.
Ключевые слова / Keywords:
history, national history, period, periodization, historical process, the theory of the period, civilization.
Аннотация / Annotation:
The article deals with the problems of the periodization of history, which is not only an academic problem, but also a practical one for the state and the world. It stresses that the debatable and exceptional difficulty in defining the universal periodization is not only in different approaches to it, but, to a greater extent, in differences and opposites of the criteria for its creation. It concludes that the periodization of historical science is necessary for both the research and the transfer of knowledge from a lecturer to the students.
Ключевые слова / Keywords:
history, national history, period, periodization, historical process, the theory of the period, civilization.
GAVRILOV S.O. Gavrilov S.O. – doctor of historical Sciences, professor
the bar association of the Kemerovo region during at the stage of the partial liberalization of the soviet political regime (the mid.1950s – early 1960s)
Страницы / Pages: 175-186
Аннотация / Annotation:
The article discusses the condition of the Bar of the Kemerovo region (Kuzbass) in the mid-1950s – early 1960s. 1960. Based on the materials of the Presidium of the Kemerovo Regional Bar Association and legal advice highlights the processes of organizational development and human resource capacity of the college, observed the inherent disadvantages of them. The evaluation of effectiveness of the bar associations in the sphere of legal protection, of legal support of businesses, providing legal services to the public.
Ключевые слова / Keywords:
bar, Regulations on the legal profession, staff of the Bar Association of the Kemerovo region, the Presidium of the board, legal advice, the law enforcement system, judicial protection.
Аннотация / Annotation:
The article discusses the condition of the Bar of the Kemerovo region (Kuzbass) in the mid-1950s – early 1960s. 1960. Based on the materials of the Presidium of the Kemerovo Regional Bar Association and legal advice highlights the processes of organizational development and human resource capacity of the college, observed the inherent disadvantages of them. The evaluation of effectiveness of the bar associations in the sphere of legal protection, of legal support of businesses, providing legal services to the public.
Ключевые слова / Keywords:
bar, Regulations on the legal profession, staff of the Bar Association of the Kemerovo region, the Presidium of the board, legal advice, the law enforcement system, judicial protection.