Право и образование
№ 11 • 2017
EDUCATIONAL LAW
KUROV S.V. Kurov S.V. – candidate of legal Sciences, candidate of technical Sciences, associate Professor
Local elucational management in university: problems of law regulation
Страницы / Pages: 4-13
Аннотация / Annotation:
Discussed problems of legal status of university departments and their local educational management. The article considers the main features of local management in universities.
Ключевые слова / Keywords:
educational management in universities; local legal status of universities departments.
Аннотация / Annotation:
Discussed problems of legal status of university departments and their local educational management. The article considers the main features of local management in universities.
Ключевые слова / Keywords:
educational management in universities; local legal status of universities departments.
OZHIGANOVA M.V. Ozhiganova M.V. – PhD of Law, associate Professor
Licensing as a method of state regulation of educational activities
Страницы / Pages: 14-23
Аннотация / Annotation:
Licensing is seen as a way of state regulation of educational activities. Some problems of legal regulation and practice of licensing of educational activities in the Russian Federation are presented here. Proposals aimed at improving the efficiency of licensing are formulated.
Ключевые слова / Keywords:
еducational activities, administrative-legal regulation, licensing, efficiency of licensing, licensing criteria.
Аннотация / Annotation:
Licensing is seen as a way of state regulation of educational activities. Some problems of legal regulation and practice of licensing of educational activities in the Russian Federation are presented here. Proposals aimed at improving the efficiency of licensing are formulated.
Ключевые слова / Keywords:
еducational activities, administrative-legal regulation, licensing, efficiency of licensing, licensing criteria.
FEDOTOVA M.V. Fedotova M.V. – candidate of economic sciences, associate professor
Violations of labor legislation in terms of implementing an effective contract education employees
Страницы / Pages: 24-31
Аннотация / Annotation:
The article is aimed on the consideration of violations of the labour legislation on implementing an effective contract employees of educational organizations, identified during the institutional control
Ключевые слова / Keywords:
regulations, departmental control, labor cost, labor regulation.
Аннотация / Annotation:
The article is aimed on the consideration of violations of the labour legislation on implementing an effective contract employees of educational organizations, identified during the institutional control
Ключевые слова / Keywords:
regulations, departmental control, labor cost, labor regulation.
TIMOKHINA T.V. Timokhina T.V. – Candidate of Pedagogical Sciences, Associate Professor
Normative and legal aspects of innovative tutoring activities
Страницы / Pages: 32-36
Аннотация / Annotation:
Disclosure of the regulatory and legal aspects of various areas of developing pedagogical activity is a priority of the legal policy of the Russian Federation. With the consolidation of the tutors position in the job descriptions of teachers, it became possible to develop the child in an educational organization on an individual educational route. In this article, the general legal and specific aspects of teacher’s tutor activity are explored.
Ключевые слова / Keywords:
children, special adaptive needs, innovative pedagogical activity, tutoring activity, normative and legal aspect.
Аннотация / Annotation:
Disclosure of the regulatory and legal aspects of various areas of developing pedagogical activity is a priority of the legal policy of the Russian Federation. With the consolidation of the tutors position in the job descriptions of teachers, it became possible to develop the child in an educational organization on an individual educational route. In this article, the general legal and specific aspects of teacher’s tutor activity are explored.
Ключевые слова / Keywords:
children, special adaptive needs, innovative pedagogical activity, tutoring activity, normative and legal aspect.
KONOVALCHUK M.V. Konovalchuk M.V. – candidate of jurisprudence
Problems of realization of benefits in respect of children of employees of uis
Страницы / Pages: 37-42
Аннотация / Annotation:
The article discusses issues related to unjustified refusal to accept the first class educational institutions for the children of employees of the penal system and equivalent categories in connection with the lacunae of the current legislation.
Ключевые слова / Keywords:
right to education, the right to priority provision of places in educational organizations.
MODERN EDUCATIONАннотация / Annotation:
The article discusses issues related to unjustified refusal to accept the first class educational institutions for the children of employees of the penal system and equivalent categories in connection with the lacunae of the current legislation.
Ключевые слова / Keywords:
right to education, the right to priority provision of places in educational organizations.
NOSKOV I.YU. Noskov I.Yu. – Candidate of law
Comparative analysis of systems of professional education of judges in the Republic of Kazakhstan and the Russian Federation
Страницы / Pages: 43-51
Аннотация / Annotation:
In article on the basis of the analysis of systems of judicial education in the two States, formerly republics of the Soviet Union, it turns out that there is a common in each of these systems, and what distinguishes them. Particular attention is drawn to the positive in the post was established in the Republic of Kazakhstan and that of the positive experience can be used in the Russian Federation.
Ключевые слова / Keywords:
Strategy of judicial education of the Republic of Kazakhstan for the years of 2017–2020, the Academy of justice of Kazakhstan, the Coordinating Council for judicial education of Kazakhstan, coordinator of training programmes, training centres regional and equivalent courts, mentoring, remote training of judges.
Аннотация / Annotation:
In article on the basis of the analysis of systems of judicial education in the two States, formerly republics of the Soviet Union, it turns out that there is a common in each of these systems, and what distinguishes them. Particular attention is drawn to the positive in the post was established in the Republic of Kazakhstan and that of the positive experience can be used in the Russian Federation.
Ключевые слова / Keywords:
Strategy of judicial education of the Republic of Kazakhstan for the years of 2017–2020, the Academy of justice of Kazakhstan, the Coordinating Council for judicial education of Kazakhstan, coordinator of training programmes, training centres regional and equivalent courts, mentoring, remote training of judges.
SHKUNOV V.N. Shkunov V.N. – Doctor of Pedagogy, Doctor of History, professor
Modernization of higher Education in the Kingdom of Bhutan
Страницы / Pages: 52-55
Аннотация / Annotation:
The article is devoted to the main trends in the development of the higher education system of the Kingdom of Bhutan. Analyzed state policy in the sphere of training of highly qualified personnel. Marked recent trends in the modernization of the higher school of Bhutan.
Ключевые слова / Keywords:
The Kingdom of Bhutan, high school, modernization, international cooperation, higher education.
Аннотация / Annotation:
The article is devoted to the main trends in the development of the higher education system of the Kingdom of Bhutan. Analyzed state policy in the sphere of training of highly qualified personnel. Marked recent trends in the modernization of the higher school of Bhutan.
Ключевые слова / Keywords:
The Kingdom of Bhutan, high school, modernization, international cooperation, higher education.
BEZNOSIKOVA E.A.
Beznosikova E.A.
–
KUROVA N.N. Kurova N.N. – science of law candidate, associate professor
NIKITENKO A.S
Nikitenko A.S
–
The problem of plagiarism in general and in education in particular
Страницы / Pages: 56-63
Аннотация / Annotation:
The article is devoted to the problem of plagiarism in Internet as one of the major forms of violations for intellectual property rights in educational sphere. The paper considers the reasons for wide spread of this phenomenon. Besides, the ways to combat plagiarism in Internet are analyzed in this article, as well as the analysis of judicial practice considering litigation on plagiarism in the Internet is conducted. The importance to improve Russian intellectual property law is underlined as the conclusion.
Ключевые слова / Keywords:
intellectual property law, plagiarism, education, information-telecommunication network «Internet», legal liability.
HOT TOPICАннотация / Annotation:
The article is devoted to the problem of plagiarism in Internet as one of the major forms of violations for intellectual property rights in educational sphere. The paper considers the reasons for wide spread of this phenomenon. Besides, the ways to combat plagiarism in Internet are analyzed in this article, as well as the analysis of judicial practice considering litigation on plagiarism in the Internet is conducted. The importance to improve Russian intellectual property law is underlined as the conclusion.
Ключевые слова / Keywords:
intellectual property law, plagiarism, education, information-telecommunication network «Internet», legal liability.
NIKOLAEV A.M. Nikolaev A.M. – Doctor of law, associate professor
GRUDININ N.S. Grudinin N.S. – Candidate of law
System problems of modern Russian parliamentarism
Страницы / Pages: 64-76
Аннотация / Annotation:
In the article the problem questions interfering high-grade and effective functioning of parliamentarism in the Russian Federation are considered. The authors of the article emphasize, that development of parliamentarism will promote strengthening of institute of a civil society, increase of political, legal and electoral culture of citizens of Russia.
Ключевые слова / Keywords:
parliamentarism, national representation, legislative and control functions of parliament, civil society.
Аннотация / Annotation:
In the article the problem questions interfering high-grade and effective functioning of parliamentarism in the Russian Federation are considered. The authors of the article emphasize, that development of parliamentarism will promote strengthening of institute of a civil society, increase of political, legal and electoral culture of citizens of Russia.
Ключевые слова / Keywords:
parliamentarism, national representation, legislative and control functions of parliament, civil society.
VASILEV V.P. Vasilev V.P. – PhD, Associate Professor
BELYOVSKA C.I. Belyovska C.I. – doctoral student (PhD)
Еmotional intelligence in the Public administration – Challenges and opportunities
Страницы / Pages: 77-83
Аннотация / Annotation:
This report highlights the challenge of application of Emotional Intelligence (EI) in the Public administration environment. On the basis of the theoretical clarification of the EI’s main features, some ideas are presented aiming to allow better implementation of these approaches into the public sector institution’s practice. The authors support the idea that the knowledge of EI, as well as the application and management of human resources, can lead to higher efficiency and motivation of employees.
Ключевые слова / Keywords:
emotional intelligence, human resource management, change management, public administration.
Аннотация / Annotation:
This report highlights the challenge of application of Emotional Intelligence (EI) in the Public administration environment. On the basis of the theoretical clarification of the EI’s main features, some ideas are presented aiming to allow better implementation of these approaches into the public sector institution’s practice. The authors support the idea that the knowledge of EI, as well as the application and management of human resources, can lead to higher efficiency and motivation of employees.
Ключевые слова / Keywords:
emotional intelligence, human resource management, change management, public administration.
PRUDNIKOVA A.E. Prudnikova A.E. – candidate of legal Sciences, associate Professor
BALASHOVA P.P.
Balashova P.P.
–
Faculty building: problems of regional judicial practice
Страницы / Pages: 84-88
Аннотация / Annotation:
The article deals with some problematic issues relating to the recognition of the right of ownership to an arbitrarily erected structure that arise in judicial practice. The purpose of this recognition of law is to ensure a balance between private and public interests.
Ключевые слова / Keywords:
рroperties, unauthorized construction, property rights, judicial practice.
Аннотация / Annotation:
The article deals with some problematic issues relating to the recognition of the right of ownership to an arbitrarily erected structure that arise in judicial practice. The purpose of this recognition of law is to ensure a balance between private and public interests.
Ключевые слова / Keywords:
рroperties, unauthorized construction, property rights, judicial practice.
SHATALIN E.A. Shatalin E.A. – Сandidate of Political Sciences, Associate Professor
Franchising in tourism: law enforcement practice
Страницы / Pages: 89-93
Аннотация / Annotation:
The article analyzes the legal nature of the contract of the commercial concession. Review of law enforcement practice demonstrates that the courts when considering consumer claims do not allow the broad interpretation of the rules on vicarious liability for the copyright. At the same time, for tourist organizations commercial concession reveals a number of additional features compared with other contract forms.
Ключевые слова / Keywords:
civil law, contract of commercial concession, mediation, license agreement, franchising, tourism.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article analyzes the legal nature of the contract of the commercial concession. Review of law enforcement practice demonstrates that the courts when considering consumer claims do not allow the broad interpretation of the rules on vicarious liability for the copyright. At the same time, for tourist organizations commercial concession reveals a number of additional features compared with other contract forms.
Ключевые слова / Keywords:
civil law, contract of commercial concession, mediation, license agreement, franchising, tourism.
ZAVRAZHIN A.V. Zavrazhin A.V. – doctor of historical Sciences, Professor
KARMANOV M.V. Karmanov M.V. – doctor of economic Sciences, Professor
Actual questions of study of downshifting
Страницы / Pages: 94-101
Аннотация / Annotation:
The article discusses various approaches to understanding the downshifting phenomenon in public life, covering a large part of the population of some countries. Is allocated a set of indicators to reveal its contents, to determine the direction of the transition in different stages of life development.
Ключевые слова / Keywords:
downshifting, downshifter, features of good indicators downshifter.
Аннотация / Annotation:
The article discusses various approaches to understanding the downshifting phenomenon in public life, covering a large part of the population of some countries. Is allocated a set of indicators to reveal its contents, to determine the direction of the transition in different stages of life development.
Ключевые слова / Keywords:
downshifting, downshifter, features of good indicators downshifter.
KOVALENKO E.D. Kovalenko E.D. – candidate of jurisprudence
The importance of the intuitional and the rational in the cognition of legal phenomena
Страницы / Pages: 102-112
Аннотация / Annotation:
The article lays the foundation to the study of the role of intuition and the principles of making intuitive decisions in the process of proving on a criminal case. Since the intuitive hypothesis does not result logically from the facts, but relies on creative imagination and is viewed as a result, an attempt to disclose a logical analysis of intuition is made in the work. By using the philosophical way of thinking the main problem of the criminal proceedings is conceptualized and the pattern of comprehensive knowledge which is constructed on certain conclusions is presented.
Ключевые слова / Keywords:
intuition, inner conviction, intuitive decision, process of proving.
Аннотация / Annotation:
The article lays the foundation to the study of the role of intuition and the principles of making intuitive decisions in the process of proving on a criminal case. Since the intuitive hypothesis does not result logically from the facts, but relies on creative imagination and is viewed as a result, an attempt to disclose a logical analysis of intuition is made in the work. By using the philosophical way of thinking the main problem of the criminal proceedings is conceptualized and the pattern of comprehensive knowledge which is constructed on certain conclusions is presented.
Ключевые слова / Keywords:
intuition, inner conviction, intuitive decision, process of proving.
VYKHODOV A.A. Vykhodov A.A. – PhD
Implementation of the national security strategy of Russian Federation
Страницы / Pages: 113-119
Аннотация / Annotation:
The article analyzes the implementation of the national security strategy of Russian Federation (approved by the decree of the President of the Russian Federation 31 December 2015). Based on the analysis of legal literature and current legislation the implementation of the national security strategy of Russian Federation are discussed.
Ключевые слова / Keywords:
National Security Strategy, state, security, doctrine, concept.
Аннотация / Annotation:
The article analyzes the implementation of the national security strategy of Russian Federation (approved by the decree of the President of the Russian Federation 31 December 2015). Based on the analysis of legal literature and current legislation the implementation of the national security strategy of Russian Federation are discussed.
Ключевые слова / Keywords:
National Security Strategy, state, security, doctrine, concept.
MIRONENKO S.YU. Mironenko S.Yu. – candidate of legal sciences
Determinants of crimes in the sphere of trafficking in narcotic drugs committed by minors
Страницы / Pages: 120-126
Аннотация / Annotation:
The fight against illicit drug trafficking in a rule-of-law state is one of the most important priorities of legal policy. The article explores the determinants of crimes in the sphere of trafficking in narcotic drugs committed by minors. The author substantiates the need to improve the organizational and legal methods of preventing and combating crimes in the sphere of trafficking in narcotic drugs committed by minors.
Ключевые слова / Keywords:
drug trafficking, determinants, state security, crime prevention, drug dependence.
Аннотация / Annotation:
The fight against illicit drug trafficking in a rule-of-law state is one of the most important priorities of legal policy. The article explores the determinants of crimes in the sphere of trafficking in narcotic drugs committed by minors. The author substantiates the need to improve the organizational and legal methods of preventing and combating crimes in the sphere of trafficking in narcotic drugs committed by minors.
Ключевые слова / Keywords:
drug trafficking, determinants, state security, crime prevention, drug dependence.
KASHURO O.A.
Kashuro O.A.
–
Study of complex and atypical forms, models and examples of decentralization of public administration
Страницы / Pages: 127-135
Аннотация / Annotation:
The article is devoted to the study of complex and atypical forms, models and examples of decentralization in public administration and in its administrative-legal support. Author’s classifications and interpretations are presented.
Ключевые слова / Keywords:
decentralization of public administration, complex and atypical forms, models and examples of decentralization of public administration, administrative law, state, public administration.
A CRIMINAL LAWАннотация / Annotation:
The article is devoted to the study of complex and atypical forms, models and examples of decentralization in public administration and in its administrative-legal support. Author’s classifications and interpretations are presented.
Ключевые слова / Keywords:
decentralization of public administration, complex and atypical forms, models and examples of decentralization of public administration, administrative law, state, public administration.
LAVRUKHIN S.V. Lavrukhin S.V. – PhD in law, associate professor
Common elemental mechanism criminal behavior: forensic aspects
Страницы / Pages: 136-144
Аннотация / Annotation:
The article under forensic perspective examines the individual elements of the common mechanism of criminal behavior: crime, lifestyle of the offender and his evidence of conduct, and the relationships between them.
Ключевые слова / Keywords:
criminal behavior, the mechanism of criminal behavior, crime, the lifestyle of the offender, the evidence of criminal behavior.
Аннотация / Annotation:
The article under forensic perspective examines the individual elements of the common mechanism of criminal behavior: crime, lifestyle of the offender and his evidence of conduct, and the relationships between them.
Ключевые слова / Keywords:
criminal behavior, the mechanism of criminal behavior, crime, the lifestyle of the offender, the evidence of criminal behavior.
STREKALOV A. Strekalov A. – Candidate of jurisprudence, associate professor
Comparative analysis of the criminal law of attempt to commit a crime in modern law
Страницы / Pages: 145-155
Аннотация / Annotation:
The normative fixing of the types of assassination attempts on the crime in the criminal legislation of Ukraine and in the current Criminal Code of the Lugansk People’s Republic is analyzed. Conclusions are drawn about the most effective and acceptable legislative fixation of the institution of attempted crime in the criminal legislation of the Lugansk People’s Republic.
Ключевые слова / Keywords:
attempted crime, completed assassination, unfinished attempt, types of assassination, criminal responsibility, stages of commission of a crime.
Аннотация / Annotation:
The normative fixing of the types of assassination attempts on the crime in the criminal legislation of Ukraine and in the current Criminal Code of the Lugansk People’s Republic is analyzed. Conclusions are drawn about the most effective and acceptable legislative fixation of the institution of attempted crime in the criminal legislation of the Lugansk People’s Republic.
Ключевые слова / Keywords:
attempted crime, completed assassination, unfinished attempt, types of assassination, criminal responsibility, stages of commission of a crime.
TISHCHENKO YU.YU. Tishchenko Yu.Yu. – candidate of legal sciences
SHIRVANOV A.A. Shirvanov A.A. – Honored lawyer of the Russian Federation, doctor of legal sciences, assistant professor
To the question about the order of detention and handing over of the persons evading from serving of punishment not connected with isolation from society
Страницы / Pages: 156-161
Аннотация / Annotation:
The article is devoted to the problematic issues arising from the detention and handing over of convicted persons, evading from serving of punishment not connected with isolation from society and proposals for optimization of this procedure.
Ключевые слова / Keywords:
convicted, detention, conveyance, drive, investigation, evasion from punishment serving.
PAGES OF HISTORYАннотация / Annotation:
The article is devoted to the problematic issues arising from the detention and handing over of convicted persons, evading from serving of punishment not connected with isolation from society and proposals for optimization of this procedure.
Ключевые слова / Keywords:
convicted, detention, conveyance, drive, investigation, evasion from punishment serving.
KOLOKOLNIKOVA Z.U. Kolokolnikova Z.U. – candidate of pedagogical Sciences, associate Professor
LOBANOVA O.B. Lobanova O.B. – candidate of pedagogical Sciences, associate Professor
Legal basis for the organization of integrated teaching in the USSR in 1920-e years: the siberian version of the programs GOES
Страницы / Pages: 162-173
Аннотация / Annotation:
In article on the basis of analysis of normative-legal documents in the field of education, archival material and historical-pedagogical literature of the 1920-ies is characterized by a complex practice of teaching in Siberia; shows the regional conditions supporting the emergence of a Siberian version of the programs of the HUS.
Ключевые слова / Keywords:
unified labor school, Siberia, the 1920s, the Programs Huss, integrated teaching, integrated method.
Аннотация / Annotation:
In article on the basis of analysis of normative-legal documents in the field of education, archival material and historical-pedagogical literature of the 1920-ies is characterized by a complex practice of teaching in Siberia; shows the regional conditions supporting the emergence of a Siberian version of the programs of the HUS.
Ключевые слова / Keywords:
unified labor school, Siberia, the 1920s, the Programs Huss, integrated teaching, integrated method.