Право и образование
№ 12 • 2009
EDUCATIONAL LAW
GUSHCHIN V.V. Gushchin V.V. – Dean of the Faculty of Law of Moscow State Institute of Management, Doctor of Law, Professor
GUREEV V.A. Gureev V.A. – Dean of the Department of Civil Law and Proceedings of Moscow State Institute of Management, PhD in Law
Modern State of University Independence in Russia
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Аннотация / Annotation:
The article covers issues related to modern state of universities’ independence as a fundamental principle of university education. Authors conclude that despite on existing problems development of competitive ability of educational system in Russia is possible only in case of consequent implementation of universities’ independence.
Ключевые слова / Keywords:
universities’ independence, education, independent educational institutions.
Аннотация / Annotation:
The article covers issues related to modern state of universities’ independence as a fundamental principle of university education. Authors conclude that despite on existing problems development of competitive ability of educational system in Russia is possible only in case of consequent implementation of universities’ independence.
Ключевые слова / Keywords:
universities’ independence, education, independent educational institutions.
OZHIGANOVA M.V. Ozhiganova M.V. – Associate Professor of the Department of Educational Law of the Institute for Sociology and Law of Russian State Professional Pedagogic University, PhD in Law
KOZULYA A.V. Kozulya A.V. – Student of the Department of Educational Law of the Institute for Sociology and Law of Russian State professional Pedagogic University
A Concept of Law of Education ad Freedom of Education
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Аннотация / Annotation:
Legal nature and a concept of law of education within the context of Russian legislation are considered in the article; the great attention is paid to determination and implementation of a concept of freedom in education.
Ключевые слова / Keywords:
law of education, freedom of education.
Аннотация / Annotation:
Legal nature and a concept of law of education within the context of Russian legislation are considered in the article; the great attention is paid to determination and implementation of a concept of freedom in education.
Ключевые слова / Keywords:
law of education, freedom of education.
NIKOLAEV B.V. Nikolaev B.V. – Associate Professor of the Department of Theory of Law and State and Legal Disciplines of Penza State Pedagogic University, PhD in History, Associate Professor
Institute of President’s Power and Legal Regulation of Higher Education in the USA
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Аннотация / Annotation:
Different forms of law-making of the President of the USA in the field of higher education are considered in the article; statistic analysis of President’s letters concerning higher education is made; basic tendencies of policy in a field of higher education during presidency of W.G. Clinton and G.W. Bush, and first experience of new elected President B. Obama in improving of legal regulation of higher education in the United States of America are determined.
Ключевые слова / Keywords:
President’s power, legal regulation, higher education in the USA.
WORLD OF EDUCATION AND TRAININGАннотация / Annotation:
Different forms of law-making of the President of the USA in the field of higher education are considered in the article; statistic analysis of President’s letters concerning higher education is made; basic tendencies of policy in a field of higher education during presidency of W.G. Clinton and G.W. Bush, and first experience of new elected President B. Obama in improving of legal regulation of higher education in the United States of America are determined.
Ключевые слова / Keywords:
President’s power, legal regulation, higher education in the USA.
TISHCHENKO E.YA. Tishchenko E.Ya. – Doctor of Pedagogy, Professor of the Department of Social Pedagogy and Work of Russian State Social University
UFIMTSEVA N.F. Ufimtseva N.F. – Senior Teacher of the Department of Social Work of Russian State Professional and Pedagogic University
Social and Pedagogic Rehabilitation of Prisoners through Self-Regulatory Organizations of Penitentiary Institutions
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Аннотация / Annotation:
The article covers a problem of social and pedagogic rehabilitation of prisoners in penitentiary and post-penitentiary period and usage of a potential of self-regulatory prisoners’ organizations in rehabilitation process. The great attention is paid to investigation of experience of practical activity of prisoners’ organizations in penitentiary organizations of Sverdlov region.
Ключевые слова / Keywords:
prisoners, self-regulatory organizations, social and pedagogic rehabilitation.
Аннотация / Annotation:
The article covers a problem of social and pedagogic rehabilitation of prisoners in penitentiary and post-penitentiary period and usage of a potential of self-regulatory prisoners’ organizations in rehabilitation process. The great attention is paid to investigation of experience of practical activity of prisoners’ organizations in penitentiary organizations of Sverdlov region.
Ключевые слова / Keywords:
prisoners, self-regulatory organizations, social and pedagogic rehabilitation.
OSIPOV M.YU. Osipov M.Yu. – Researcher of NOU VPO ‘Police Academy’, PhD in Law
Unified State Examination: pro et contra
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Аннотация / Annotation:
Basic problems related to a unified state examination are analyzed in the article; and solutions through separation of a unified state examination on two stages: attestation and competition are proposed in particular.
Ключевые слова / Keywords:
unified state examination, Russian education, problems of organization and ways of improvement, theory of education.
PAGES OF HISTORYАннотация / Annotation:
Basic problems related to a unified state examination are analyzed in the article; and solutions through separation of a unified state examination on two stages: attestation and competition are proposed in particular.
Ключевые слова / Keywords:
unified state examination, Russian education, problems of organization and ways of improvement, theory of education.
YASHCHUK T.F. Yashchuk T.F. – Associate Professor of the Department of Theory of State and Law of Omsk State University in the name of F.M. Dostoevskiy, Doctor of Law
Unified State Examination within the Context of Russian Legal Tradition
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Аннотация / Annotation:
The article covers determination of relations between a unified state examination and historic legal tradition of enrollment. It is proved that the unified state examination as early forms of final attestation and enrollment to universities is based on continuity and sequence of education.
Ключевые слова / Keywords:
university enrollment, unified state examination, history of education.
Аннотация / Annotation:
The article covers determination of relations between a unified state examination and historic legal tradition of enrollment. It is proved that the unified state examination as early forms of final attestation and enrollment to universities is based on continuity and sequence of education.
Ключевые слова / Keywords:
university enrollment, unified state examination, history of education.
GERASIMOVA M.A. Gerasimova M.A. – Postgraduate Student of the Department of Theory and History of State and Law of the Modern University for the Humanities
Problems of Local Governance from the Point of View of Liberal Philosophers of Russia in the end of 19th-the beginning of 20th centuries
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Аннотация / Annotation:
The article covers analysis of ideas of liberal philosophers of Russia in the end of 19th –the beginning of 20th centuries concerning local governance and historic experience of their usage in a field of law.
Ключевые слова / Keywords:
liberal research, local governance, history of political and legal doctrines.
DISCUSSING THE PROBLEMАннотация / Annotation:
The article covers analysis of ideas of liberal philosophers of Russia in the end of 19th –the beginning of 20th centuries concerning local governance and historic experience of their usage in a field of law.
Ключевые слова / Keywords:
liberal research, local governance, history of political and legal doctrines.
GALIEV F.KH. Galiev F.Kh. – Associate Professor of the Department of Theory and History of State and Law of the Institute of Law of Bashkiria State University, PhD in History
Changing World and Legal Culture
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Аннотация / Annotation:
The article covers the problem of multitasking and many-sidedness of a concept of culture. Investigating many approaches to this concept, the author concludes of phenomenon of the studied category. The great attention is paid to legal culture of the society in transition.
Ключевые слова / Keywords:
culture, legal culture, legal principles, values, society in transition.
Аннотация / Annotation:
The article covers the problem of multitasking and many-sidedness of a concept of culture. Investigating many approaches to this concept, the author concludes of phenomenon of the studied category. The great attention is paid to legal culture of the society in transition.
Ключевые слова / Keywords:
culture, legal culture, legal principles, values, society in transition.
BERZIN V.A. Berzin V.A. – Federal Judge, Executive Chairman of Krasnogorsk Urban Court of Moscow region, PhD in Law
Legislation of Wine and Wine-Making in Spain
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Аннотация / Annotation:
The article covers the analysis of Spanish legislation of winegrowing, wine-making, wine and turn of wine. Brief historic reference of development of legislation in Spain in this field of law is given; the existing law No. 24/2003 ‘Vinery and Wine’ dated July 10, 2003 is analyzed.
Ключевые слова / Keywords:
wine-making, winegrowing, wine, legal regulation of winegrowing, wine-making, wine, and turn of wine.
Аннотация / Annotation:
The article covers the analysis of Spanish legislation of winegrowing, wine-making, wine and turn of wine. Brief historic reference of development of legislation in Spain in this field of law is given; the existing law No. 24/2003 ‘Vinery and Wine’ dated July 10, 2003 is analyzed.
Ключевые слова / Keywords:
wine-making, winegrowing, wine, legal regulation of winegrowing, wine-making, wine, and turn of wine.
KRASNOVA I.A. Krasnova I.A. – Deputy Director of the Department of Supervision and Control of the Federal Insurance Supervisory Authority, PhD in Economics
Prevention as a Fundament of Improvement of State Administration in a Field of Insurance
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Аннотация / Annotation:
The article covers special features of prudence supervision in a field of insurance as an effective mechanism, based on prudence methods of regulation.
Ключевые слова / Keywords:
insurance, insurance supervision, prudence method, preventive method
Аннотация / Annotation:
The article covers special features of prudence supervision in a field of insurance as an effective mechanism, based on prudence methods of regulation.
Ключевые слова / Keywords:
insurance, insurance supervision, prudence method, preventive method
LOMKOVA O.V. Lomkova O.V. – Teacher of Kemerovo Branch of the Modern University for the Humanities
Interaction of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation
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Аннотация / Annotation:
Existing problems are analyzed and proposals of development of a mechanism of unification of a court practice are made in order to: 1) harmonize court practice through creation permanently functioning task group on preparation of mutual statements; 2) recognize, that mutual statements prevail usual statements; 3) make changes into legislation of the order of appeal and appointed justice.
Ключевые слова / Keywords:
a concept of a vertical of court power, legal positions of supreme authorities; mutual statements of the Supreme Court of the Russian Federation; legal power, juridical independence.
Аннотация / Annotation:
Existing problems are analyzed and proposals of development of a mechanism of unification of a court practice are made in order to: 1) harmonize court practice through creation permanently functioning task group on preparation of mutual statements; 2) recognize, that mutual statements prevail usual statements; 3) make changes into legislation of the order of appeal and appointed justice.
Ключевые слова / Keywords:
a concept of a vertical of court power, legal positions of supreme authorities; mutual statements of the Supreme Court of the Russian Federation; legal power, juridical independence.
VASSALAIY ZH.V. Vassalaiy Zh.V. – Senior Expert of the Expert Criminal Investigations Center Of the Military Affairs Agency in KhMAO-Yugra
Problems of Development of Methods of Investigation of Crimes in a field of Terrorism
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Аннотация / Annotation:
The article covers research of dynamics of terrorist crime detection, analysis of factors affecting on development of private criminal investigation methods of this type of crimes.
Ключевые слова / Keywords:
terrorism, dynamics of crimes, unified effective methods, practice of investigation, methodic recommendations.
Аннотация / Annotation:
The article covers research of dynamics of terrorist crime detection, analysis of factors affecting on development of private criminal investigation methods of this type of crimes.
Ключевые слова / Keywords:
terrorism, dynamics of crimes, unified effective methods, practice of investigation, methodic recommendations.
SUPRUN O.V. Suprun O.V. – Judge Assistant of Bryansk Regional Court
Problems arising in Private Prosecution and their Solutions
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Аннотация / Annotation:
The article covers criminal and procedural problems arising in case of initiation of criminal proceedings by a private person. The author’s work is based on analysis of juridical literature, questionnaires results, and work experiences in courts of Bryansk region.
Ключевые слова / Keywords:
criminal and procedural legislation, judge, private prosecutor, private prosecution.
Аннотация / Annotation:
The article covers criminal and procedural problems arising in case of initiation of criminal proceedings by a private person. The author’s work is based on analysis of juridical literature, questionnaires results, and work experiences in courts of Bryansk region.
Ключевые слова / Keywords:
criminal and procedural legislation, judge, private prosecutor, private prosecution.
POLISHCHUK S.V. Polishchuk S.V. – Head of the Department of Theory and History of State and Law of Military and Technical University under the Federal Agency for Special Construction
Basic Ways of Development of Social and Legal Support of Military Men of the Federal Agency for Special Construction and Members of Their Families
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Аннотация / Annotation:
The article covers problems of the system of social and legal support of military men of the Special Construction and members of their families. Ways of improvement of functioning of the system of social and legal support during reforms within the Special Construction Agency, in Russian army and in a society as a whole are considered in the article.
Ключевые слова / Keywords:
the Special Construction Agency, a system of social and legal support, military men, officers of the Special Construction Agency and members of their families.
SCIENTIFIC DEBUTАннотация / Annotation:
The article covers problems of the system of social and legal support of military men of the Special Construction and members of their families. Ways of improvement of functioning of the system of social and legal support during reforms within the Special Construction Agency, in Russian army and in a society as a whole are considered in the article.
Ключевые слова / Keywords:
the Special Construction Agency, a system of social and legal support, military men, officers of the Special Construction Agency and members of their families.
VASHCHENKO P.N. Vashchenko P.N. – Postgraduate Student of the Modern University for the Humanities
Building Contract: Issues of Theory and Practice
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Аннотация / Annotation:
Characteristics of existing conditions of a building contract are given in the article; actual theoretical and practical problems of building are considered and proposals are made.
Ключевые слова / Keywords:
building contract, a site, project and cost estimating documents.
Аннотация / Annotation:
Characteristics of existing conditions of a building contract are given in the article; actual theoretical and practical problems of building are considered and proposals are made.
Ключевые слова / Keywords:
building contract, a site, project and cost estimating documents.
LEGIN A.A. Legin A.A. – Postgraduate Student of Moscow Institute of Law, Head Legal Adviser of JSC ‘EnergoFichtner’
A Subject and Object of the Law of Energy
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Аннотация / Annotation:
Now it is necessary to study one of fundament field in the Russian system of law – energetic law. Despite that energetic law is not an independent law, a discipline of theory and history of law can detect and study its elements, such as an object and subject of legal regulation.
Ключевые слова / Keywords:
legal system, field of law, energetic law, energy, natural resources, energetic resources, complex fields of law.
Аннотация / Annotation:
Now it is necessary to study one of fundament field in the Russian system of law – energetic law. Despite that energetic law is not an independent law, a discipline of theory and history of law can detect and study its elements, such as an object and subject of legal regulation.
Ключевые слова / Keywords:
legal system, field of law, energetic law, energy, natural resources, energetic resources, complex fields of law.
OSIPOV A.A. Osipov A.A. – Postgraduate Student of Russian State Institute for Intellectual Property
Shareholder Agreement as a Type of Civil Contract
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Аннотация / Annotation:
The article covers a problem of legal qualification of agreements, concluded by shareholders of one legal entity in order to prevent negative situation such as merger and to forecast company’s development.
Ключевые слова / Keywords:
agreement, shareholder, freedom, solution, merger.
Аннотация / Annotation:
The article covers a problem of legal qualification of agreements, concluded by shareholders of one legal entity in order to prevent negative situation such as merger and to forecast company’s development.
Ключевые слова / Keywords:
agreement, shareholder, freedom, solution, merger.
ARUTYUNYAN R.L. Arutyunyan R.L. – Postgraduate Student of the Academy for National Economy under the Government of the Russian Federation
General Characteristics of Limitations and Prohibitions in Civil Bargains
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Аннотация / Annotation:
Characteristics of limitations and prohibitions in civil bargains are demonstrated and analyzed. Implementation of limitations and prohibitions and their functions are explained. Specifics of implementation of limitations and prohibitions are considered in relation to a field of education.
Ключевые слова / Keywords:
civil bargains, limitations and prohibitions, property relations, actions of subjects.
Аннотация / Annotation:
Characteristics of limitations and prohibitions in civil bargains are demonstrated and analyzed. Implementation of limitations and prohibitions and their functions are explained. Specifics of implementation of limitations and prohibitions are considered in relation to a field of education.
Ключевые слова / Keywords:
civil bargains, limitations and prohibitions, property relations, actions of subjects.
NOVIKOVA M.A. Novikova M.A. – Postgraduate Student of Moscow State University for Economics, Statistics and Computer Engineering
Legal Aspects of Syndicated Crediting in Russia
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Аннотация / Annotation:
Special legal aspects of syndicated crediting in the Russian Federation are considered in the article.
Ключевые слова / Keywords:
syndicated crediting, bank-agent, bank-participant, debtor.
Аннотация / Annotation:
Special legal aspects of syndicated crediting in the Russian Federation are considered in the article.
Ключевые слова / Keywords:
syndicated crediting, bank-agent, bank-participant, debtor.
SAMOILOVA V.V. Samoilova V.V. – Applicant for the Department of Civil Law of the Institute for Law and Human Education of Moscow State University for Economics, Statistics and Computer Engineering
Problems of Surrogacy in the Russian Federation
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Аннотация / Annotation:
There were many publications [3, p.61], related to the problem of surrogacy as one of fertility treatment, but usually surrogacy is considered as a medical or as family law problem, or as an institution of civil law. Here we try to show variance of problems of legal regulation of relations in this field of law.
Ключевые слова / Keywords:
surrogate mother, genetic material, embryo, in vitro fertilization.
Аннотация / Annotation:
There were many publications [3, p.61], related to the problem of surrogacy as one of fertility treatment, but usually surrogacy is considered as a medical or as family law problem, or as an institution of civil law. Here we try to show variance of problems of legal regulation of relations in this field of law.
Ключевые слова / Keywords:
surrogate mother, genetic material, embryo, in vitro fertilization.
ZUEVA E.I. Zueva E.I. – Postgraduate Student of Yuzhno-Uralsk State University
Stages of Interaction between an Investigator and Agency of Inquiry during Investigations
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Аннотация / Annotation:
The article covers special interactions between investigators and agency of inquiry during investigations; the great attention is paid to investigation of stages of interaction and all problems arising in various stages of this process.
Ключевые слова / Keywords:
stages of interaction, investigations, classification of stages, procedural actions, structure, organizational forms.
РЕЦЕНЗИИАннотация / Annotation:
The article covers special interactions between investigators and agency of inquiry during investigations; the great attention is paid to investigation of stages of interaction and all problems arising in various stages of this process.
Ключевые слова / Keywords:
stages of interaction, investigations, classification of stages, procedural actions, structure, organizational forms.
PARYAGINA O.A. Paryagina O.A. – Associate Professor of the Department of Civil Law of the Institute for Jurisprudence of Irkutsk State University, PhD in Law, Associate Professor
Technologies and Organization of Higher Education: Review of Textbook by S.D. Reznik, I.A. Igoshin ‘University’s Student: Technologies and Organization of Education’ (Moscow: Infra-M, 2009. p.475)
Страницы / Pages:
Аннотация / Annotation:
Assessment of actuality of considered educational problems is given in the review; its structure, contents, methods are analyzed. The attention is focused on juridical component of work concerning regulation of relations in a field of employment of students and graduates, and early termination of labor contract on one’s free will.
Ключевые слова / Keywords:
university student, technologies of education, competitive ability, employment, career, termination of labor contract, the Labor Code of the Russian Federation.
Аннотация / Annotation:
Assessment of actuality of considered educational problems is given in the review; its structure, contents, methods are analyzed. The attention is focused on juridical component of work concerning regulation of relations in a field of employment of students and graduates, and early termination of labor contract on one’s free will.
Ключевые слова / Keywords:
university student, technologies of education, competitive ability, employment, career, termination of labor contract, the Labor Code of the Russian Federation.