Право и образование
№ 12 • 2010
MODERN EDUCATION
SAVIN I.G. Savin I.G. – Professor of the Department of Human and Social and Economic Disciplines of Ryazan Higher Air-Borne Command School, PhD in Law
Problems of Legal Regulation of Sergeants Training in Educational Institutions of Higher Professional Education of the Ministry of Defence of Russia
Страницы / Pages: 4-11
Аннотация / Annotation:
The article covers research of problems of legal regulation of issues related to sergeants training in eduactional institutions of higher professional eduaction of the Ministry of Defence of the Russian Federation.
Ключевые слова / Keywords:
sergeants training, higher eduactional institutions of the Ministry of Defence of the Russian Federation, legal regulation.
Аннотация / Annotation:
The article covers research of problems of legal regulation of issues related to sergeants training in eduactional institutions of higher professional eduaction of the Ministry of Defence of the Russian Federation.
Ключевые слова / Keywords:
sergeants training, higher eduactional institutions of the Ministry of Defence of the Russian Federation, legal regulation.
PESHKOVA KH.V. Peshkova Kh.V. – Associate Professor of the Central Branch of GOU VPO ‘Russian Academy of Justice’. PhD in Law
Modern Tendencies of Methods of University Teaching of Financial Law as a Science of Tax and Budgetary State Policy
Страницы / Pages: 12-18
Аннотация / Annotation:
Specifics of ‘Financial Law’ teaching at universities are shown on the basis of modern tendencies of social, economic and legal policy. ‘Financial Law’ as an educational discipline includes studying of financial law and existing legislation. The author pays attention to a complete structure of ‘Financial Law’ as an educational discipline; in its frameworks a great role is given to teaching budgetary and tax legislation as branches of financial law as well as currency and banking regulations.
Ключевые слова / Keywords:
financial law, budget law, tax law, financial and legal science, tax system, budgetary policy of the state.
Аннотация / Annotation:
Specifics of ‘Financial Law’ teaching at universities are shown on the basis of modern tendencies of social, economic and legal policy. ‘Financial Law’ as an educational discipline includes studying of financial law and existing legislation. The author pays attention to a complete structure of ‘Financial Law’ as an educational discipline; in its frameworks a great role is given to teaching budgetary and tax legislation as branches of financial law as well as currency and banking regulations.
Ключевые слова / Keywords:
financial law, budget law, tax law, financial and legal science, tax system, budgetary policy of the state.
SHIBANOVA E.K. Shibanova E.K. – Depute Director of the Department of History and Philosophy of Chelyabisk Institute of Ural Academy of the State Service, PhD in Pedagogy, Associate Professor
Social and human fundamentals of future lawyers training: specialists’ studies, baccalaureate
Страницы / Pages: 19-27
Аннотация / Annotation:
Comparative analysis of a specialist-jurist and bachelor-jurist training in social and human disciplines is conducted in the article. Great attention is paid to modern tendencies of implementation of a two-level model of education including a human component.
Ключевые слова / Keywords:
competence, professional education, a bachelor, a specialist, human component of juridical education.
Аннотация / Annotation:
Comparative analysis of a specialist-jurist and bachelor-jurist training in social and human disciplines is conducted in the article. Great attention is paid to modern tendencies of implementation of a two-level model of education including a human component.
Ключевые слова / Keywords:
competence, professional education, a bachelor, a specialist, human component of juridical education.
IVANOV S.A. Ivanov S.A. – Associate Professor of the Department of Theory of State and Law of Moscow University of the Ministry of Interanl Affairs of Russia, PhD in Law, Associate Professor
Specifics of a Lecture-Press-Conference as a Form of a Lesson in Extramural Education
Страницы / Pages: 28-32
Аннотация / Annotation:
Methodical aspects of conducting of this form of lectures as lectures-press-conferenses and specifics of teaching for extramural students, abilities of this form of lessons in increasing activity of independent work of extramural students and stimulation of their mental activity are considered in the article.
Ключевые слова / Keywords:
non-traditional forms of lectures, a lecture-press-conference, assessment of extramural students, increasing of activity of independent work of extramural students, stimulation of mental activity of extramural students.
Аннотация / Annotation:
Methodical aspects of conducting of this form of lectures as lectures-press-conferenses and specifics of teaching for extramural students, abilities of this form of lessons in increasing activity of independent work of extramural students and stimulation of their mental activity are considered in the article.
Ключевые слова / Keywords:
non-traditional forms of lectures, a lecture-press-conference, assessment of extramural students, increasing of activity of independent work of extramural students, stimulation of mental activity of extramural students.
GOLOVNEV M.N. Golovnev M.N. – Postgraduate Student of the Modern University for the Humanities
Educational Service as a Legal Category in a Draft of the Federal Law ‘Education in the Russian Federation’
Страницы / Pages: 33-39
Аннотация / Annotation:
The article covers investigation of a legal category of ‘educational service’, which was used in a draft of the law, developed to modernize all tiers of educational process in Russia. Using general theoretical fundamentals of a civil science, the author concludes that definition given in the Article 2 of the draft doesn’t accord to a proper target and should be amended. Author’s position on this issue is represented in the article; interaction between legal categories ‘service’ and ‘educational service’ is shown; a new edition of the concept ‘education service’ is given.
Ключевые слова / Keywords:
a service, education, a qualification requirement, teaching, a process, activity, a result.
DISCUSSING THE PROBLEM Аннотация / Annotation:
The article covers investigation of a legal category of ‘educational service’, which was used in a draft of the law, developed to modernize all tiers of educational process in Russia. Using general theoretical fundamentals of a civil science, the author concludes that definition given in the Article 2 of the draft doesn’t accord to a proper target and should be amended. Author’s position on this issue is represented in the article; interaction between legal categories ‘service’ and ‘educational service’ is shown; a new edition of the concept ‘education service’ is given.
Ключевые слова / Keywords:
a service, education, a qualification requirement, teaching, a process, activity, a result.
EFREMOV I.A. Efremov I.A. – Member of the Lawyer Chamber of Moscow, PhD in Law, Associate Professor
Theory of State and Law and Existing Legislation in Russia: What Students Cannot Know
Страницы / Pages: 40-61
Аннотация / Annotation:
The article covers a problem of law-making and law enforcement in modern Russia. By author’s opinion they both in spite of that in high power of Russia there are many jurists are implemented with a several legal nigilism. Great attention is paid to statistic data and specific examples from real life, and actions made in modern Russia by using legal means in interests of ‘elite’, including some authority’s groups, and the author proposes methods of fighting against ‘legal state nigilism’.
Ключевые слова / Keywords:
the Constitution of the Russian Federation, consideration, general legal principles, a national idea, law, justice, law making, law enforcement, power, market basket, social state, tax sphere, military men, oligarch, corruption, government attorney, a court, a committee of inquiry.
Аннотация / Annotation:
The article covers a problem of law-making and law enforcement in modern Russia. By author’s opinion they both in spite of that in high power of Russia there are many jurists are implemented with a several legal nigilism. Great attention is paid to statistic data and specific examples from real life, and actions made in modern Russia by using legal means in interests of ‘elite’, including some authority’s groups, and the author proposes methods of fighting against ‘legal state nigilism’.
Ключевые слова / Keywords:
the Constitution of the Russian Federation, consideration, general legal principles, a national idea, law, justice, law making, law enforcement, power, market basket, social state, tax sphere, military men, oligarch, corruption, government attorney, a court, a committee of inquiry.
MELNIKOV V.I. Melnikov V.I. – Deputy Chair of the Committee of the Counsil of Federation on Defence and Security
Organizational and Legal Mechanisms of Regional Security in Constituent Entities of the Russian Federation
Страницы / Pages: 62-71
Аннотация / Annotation:
The article covers actual and less investigated issue of regional security and legal and organizational support of mechanisms, developed by constituent entities of the Russian Federation together with local authorities; its possible model is given. Great attention is paid to existing problems including their legal status on a federal level.
Ключевые слова / Keywords:
regional security, commissions, committees, security councils.
Аннотация / Annotation:
The article covers actual and less investigated issue of regional security and legal and organizational support of mechanisms, developed by constituent entities of the Russian Federation together with local authorities; its possible model is given. Great attention is paid to existing problems including their legal status on a federal level.
Ключевые слова / Keywords:
regional security, commissions, committees, security councils.
VLASOV V.A. Vlasov V.A. – Deputy Director of the Juridical Institute on Scientific and Research Work and Head of the Innovative Center of the Juridical Institute of Krasnoyarsk State Agricultural University, PhD in Law, Associate Professor
Inadmissability of Exclusion of Agricultural Law from a Nomenclature of Scientific Specialities in a field of Law
Страницы / Pages: 72-87
Аннотация / Annotation:
The article covers analysis of a draft of a nomenclature of specialities for scientists in a field of law, where it is proposed to exclude an agricultural law from the scientific specialty 12.00.06. The author states necessity of inclusion of an agricultural law as a juridical discipline in a nomenclature of scientific specialties in a field of law; he also representes arguments to prove this position.
Ключевые слова / Keywords:
jurisprudence, a branch of jurisprudence, a scientitifc speciality, a nomenclature of specialties, a draft, jurisprudence, an agricultural law.
Аннотация / Annotation:
The article covers analysis of a draft of a nomenclature of specialities for scientists in a field of law, where it is proposed to exclude an agricultural law from the scientific specialty 12.00.06. The author states necessity of inclusion of an agricultural law as a juridical discipline in a nomenclature of scientific specialties in a field of law; he also representes arguments to prove this position.
Ключевые слова / Keywords:
jurisprudence, a branch of jurisprudence, a scientitifc speciality, a nomenclature of specialties, a draft, jurisprudence, an agricultural law.
VYSHKVARCEV V.V. Vyshkvarcev V.V. – Teacher of the Department of Theory and History of State and Law of International Institute for Jurisprudence, PhD in Law
Cultural state and a civil instrument: to a concept ‘homo meritus’
Страницы / Pages: 88-98
Аннотация / Annotation:
This article covers a problem of development of a cultural state in the Russian Federation, that didn’t investigated before. The author proposes to consider a society from the point of view of its social and cultural evolution, which includes definite phases, and it enables to support development of a fundument for a cultural state and a civil instrument as a combination of institutes of a civil society. This model is based on necessity of integration of a ‘knowledge society’ into a process of development of an idea of future meriocratic intellectual state in 21st century.
Ключевые слова / Keywords:
cultural state, libertary individual collectivity, legal state, civil society, education, social activity.
Аннотация / Annotation:
This article covers a problem of development of a cultural state in the Russian Federation, that didn’t investigated before. The author proposes to consider a society from the point of view of its social and cultural evolution, which includes definite phases, and it enables to support development of a fundument for a cultural state and a civil instrument as a combination of institutes of a civil society. This model is based on necessity of integration of a ‘knowledge society’ into a process of development of an idea of future meriocratic intellectual state in 21st century.
Ключевые слова / Keywords:
cultural state, libertary individual collectivity, legal state, civil society, education, social activity.
PISHULIN V.G. Pishulin V.G. – Director of Troitsk Branch of GOU VPO ‘Chelyabinsk State University’, Doctor of Pedagogy, Professor
SHCHERBINA I.S. Shcherbina I.S. – Teacher of the Department of Law of Troitsk Branch of GOU VPO ‘Chelyabinsk State University’
Some Issues of Improvement of Regulations of Criminal Legislation Setting Liability for Infringing upon Electoral Rights of Citizens and the Right to Participate in a Referendum
Страницы / Pages: 99-107
Аннотация / Annotation:
Some issues of improvement of criminal legislation setting liability for infringing upon electoral rights of citizens and the right to participate in a referendum are considered in the article.
Ключевые слова / Keywords:
criminal liability for infringing upon electoral rights of citizens and the right to participate in a referendum, methods of comitting crimes in a field of electoral rights of citizens and the right to participate in a referendum, huge illegal financial (material, etc.) support.
Аннотация / Annotation:
Some issues of improvement of criminal legislation setting liability for infringing upon electoral rights of citizens and the right to participate in a referendum are considered in the article.
Ключевые слова / Keywords:
criminal liability for infringing upon electoral rights of citizens and the right to participate in a referendum, methods of comitting crimes in a field of electoral rights of citizens and the right to participate in a referendum, huge illegal financial (material, etc.) support.
MINNIGULOVA D.B. Minnigulova D.B. – Associate Professor of the Department of Civil Law of GOU VPO ‘Bashkirskaya Academy of State Service and Management under the President of Bashkortostan, PhD in Law, Associate Professor
A role and forms of social partnership in state service
Страницы / Pages: 108-117
Аннотация / Annotation:
The article covers the institute for social partnership on state service. In the article an attempt to consider abilities and challenges of social partnership on civil service to full the vacuum in this institute of service law based on usage of regulations of the labor legislation is made; the author in particular proposes to determine key concepts of social partnership on state service.
Ключевые слова / Keywords:
social partnership on state service, forms of social partnership on state civil service, principles of social partnership on state civil service, subjects of social partnership on state civil service.
Аннотация / Annotation:
The article covers the institute for social partnership on state service. In the article an attempt to consider abilities and challenges of social partnership on civil service to full the vacuum in this institute of service law based on usage of regulations of the labor legislation is made; the author in particular proposes to determine key concepts of social partnership on state service.
Ключевые слова / Keywords:
social partnership on state service, forms of social partnership on state civil service, principles of social partnership on state civil service, subjects of social partnership on state civil service.
FEDOROV A.YU. Fedorov A.Yu. – Head of the Department of Improvement of OVD of Ural Juridical Institute of MVD of the Russian Federation, PhD in Law
Corporate Criminality: Consideration of Actuality of a Scientific Research
Страницы / Pages: 118-125
Аннотация / Annotation:
This scientific article covers a problem of corporate criminality. Virtuality of development of measures on fighting against this criminal phenomenon is reasoned in the article; priority directions of a scientific research of a problem of crimes committed in a field of corporate relations are set.
Ключевые слова / Keywords:
corporate criminality, national security, corporate raid, a criminal law, counter action.
THEORY OF LAWАннотация / Annotation:
This scientific article covers a problem of corporate criminality. Virtuality of development of measures on fighting against this criminal phenomenon is reasoned in the article; priority directions of a scientific research of a problem of crimes committed in a field of corporate relations are set.
Ключевые слова / Keywords:
corporate criminality, national security, corporate raid, a criminal law, counter action.
SHCHENNIKOV V.P. Shchennikov V.P. – Professor of the Department of Philosophy of the Faculty of Law of Kemerovo State University, Doctor of Philosophy, Professor
Legal Consciousness and Legal Reforms
Страницы / Pages: 126-129
Аннотация / Annotation:
The given article covers one of the most actual problems as a role of legal consciousness in legal reforming. For many years the author of the article have given lectures on a special course ‘Philosophy of Law’ for university students. An attempt to analyze key concepts of the problem is made.
Ключевые слова / Keywords:
legal consciousness, reforming of law, legal ideas.
Аннотация / Annotation:
The given article covers one of the most actual problems as a role of legal consciousness in legal reforming. For many years the author of the article have given lectures on a special course ‘Philosophy of Law’ for university students. An attempt to analyze key concepts of the problem is made.
Ключевые слова / Keywords:
legal consciousness, reforming of law, legal ideas.
TRETYAKOVA O.V. Tretyakova O.V. – Head of the Department of Journlism of Pomorskiy State University in the name of M.V. Lomonosov, PhD in Political Studies, Associate Professor
Legal Culture of a Society and Legal Culture of a Journalist: Conditions and Results of Interaction
Страницы / Pages: 130-143
Аннотация / Annotation:
The article covers a problem of mediatizatiion of legal life of a society as information support of functioning of a legal sphere. The author analizes dependence of development of legal culture of a society on representation of events of legal life of a scoiety by mass media. Great attention is paid to legal culture of a journalist and its interaction with legal culture of a society.
Ключевые слова / Keywords:
legal culture of a society, mediatization, legal life, mass media, legal culture of a journalist.
PAGES OF HISTORYАннотация / Annotation:
The article covers a problem of mediatizatiion of legal life of a society as information support of functioning of a legal sphere. The author analizes dependence of development of legal culture of a society on representation of events of legal life of a scoiety by mass media. Great attention is paid to legal culture of a journalist and its interaction with legal culture of a society.
Ключевые слова / Keywords:
legal culture of a society, mediatization, legal life, mass media, legal culture of a journalist.
FOMICHEV I.V. Fomichev I.V. – Professor of the Department for Human and Social Disciplines of Moscow Academy for Entrepreneurship under the Government of Moscow, Doctor of History, Professor
Legislative Policy of the TemporaryGovernment in a Field of Public Education Management (March-October 1917)
Страницы / Pages: 144-150
Аннотация / Annotation:
Legislative initiatives of the Temporary Government and its educational department in reforming of the system of public education management are considered in the article. It is shown that as a result of their inconsistent implementation a school government was under pressure of a huge and ineffective burocratic apparatus. Incompleteness of administrative transformations directed to reassignment to the Ministry of Public Education all existing in a country educational institutions. Reasons and motives of counteraction to the implemented reforms from definite public powers and burocratic structures are investigated. A bad result of educational policy conducted by the Temporary Goverment is represented.
Ключевые слова / Keywords:
public education, school government, the Ministry for Public Education, an educational department, inspections and directions of public schools, educational district department, school councils, district local government.
Аннотация / Annotation:
Legislative initiatives of the Temporary Government and its educational department in reforming of the system of public education management are considered in the article. It is shown that as a result of their inconsistent implementation a school government was under pressure of a huge and ineffective burocratic apparatus. Incompleteness of administrative transformations directed to reassignment to the Ministry of Public Education all existing in a country educational institutions. Reasons and motives of counteraction to the implemented reforms from definite public powers and burocratic structures are investigated. A bad result of educational policy conducted by the Temporary Goverment is represented.
Ключевые слова / Keywords:
public education, school government, the Ministry for Public Education, an educational department, inspections and directions of public schools, educational district department, school councils, district local government.
EREMENKO A.S. Eremenko A.S. – Associate Professir of the Department of Legal Support of Market Economy of the Federal State Educational Institution for Higher Professional Education ‘Russian Academy of the State Service under the President of the Russian Federation’ , PhD in Law, Associate Professor
Public and Private Fundamentals of Civil Law as Valuable Orientirs of Civil Procedures: Historic and Theoretical Review
Страницы / Pages: 151-156
Аннотация / Annotation:
Historic and theoretical issues of interaction between public and private fundamentals of civil law as an element of a mechanism of social regulation in a field of application of law as one of the highest values of a democratic legal state are considered in the article.
Ключевые слова / Keywords:
civil law, philosophy of law, theory of law, Roman law, application of law, civil law, juridical axiology.
LAW AND EDUCATIONАннотация / Annotation:
Historic and theoretical issues of interaction between public and private fundamentals of civil law as an element of a mechanism of social regulation in a field of application of law as one of the highest values of a democratic legal state are considered in the article.
Ключевые слова / Keywords:
civil law, philosophy of law, theory of law, Roman law, application of law, civil law, juridical axiology.
ZHARIKOV YU. S. Zharikov Yu. S. – Head of the Department of Criminal Law and Procedures of MUH, PhD in Law, Associate Professor
Issues of Legal Regulation of Correctional Education in a Correctional Facility
Страницы / Pages: 157-164
Аннотация / Annotation:
Various scientific views on consideration of education of prisoners in a correctional facility are analyzed in the article; proposals on correct regulation of its contents and results are made.
Ключевые слова / Keywords:
prisoners, imprisonment, correctional education, pedagogy, education, influence of eduaction, correction.
Аннотация / Annotation:
Various scientific views on consideration of education of prisoners in a correctional facility are analyzed in the article; proposals on correct regulation of its contents and results are made.
Ключевые слова / Keywords:
prisoners, imprisonment, correctional education, pedagogy, education, influence of eduaction, correction.
ZHIGACHEV V.A. Zhigachev V.A. – Professor of the Department of Legal Disciplines of Tula State Pedagogic University in the name of L.N. Tolstoy, PhD in Pedagogy, Professor
A Role of a Conflict in Crimes of Minors
Страницы / Pages: 165-172
Аннотация / Annotation:
The institute of childhood is one of the most nonprotective institutes in Russia and, as a result of inadequate attention of the state to problems of children education, training and leisure we can see arising of a number of crimes of children, teenagers and young people. The author in this article analyzes conflict properties of a personality of a minor, specifics of his/her mentality, family education through prevention of crimes commiting.
Ключевые слова / Keywords:
juridical conflict resolution, a conflict family, behaviorial structures, hyperactive children, juvinile justice.
SCIENTIFIC DEBUTАннотация / Annotation:
The institute of childhood is one of the most nonprotective institutes in Russia and, as a result of inadequate attention of the state to problems of children education, training and leisure we can see arising of a number of crimes of children, teenagers and young people. The author in this article analyzes conflict properties of a personality of a minor, specifics of his/her mentality, family education through prevention of crimes commiting.
Ключевые слова / Keywords:
juridical conflict resolution, a conflict family, behaviorial structures, hyperactive children, juvinile justice.
ARUTYUNYAN R.L. Arutyunyan R.L. – Applicant of Russian Academy for Agriculture and State Service under the President of the Russioan Federation
A Civil and Legal Transaction as an Object of Limitations and Prohibitions
Страницы / Pages: 173-180
Аннотация / Annotation:
Specifics of a civil and legal transaction as a mean of implementation of subjective civil law reasoning objects for setting limitations and prohibitions are considered in the article.
Ключевые слова / Keywords:
a bargain, implementation of subjective civil law, limitations, prohibitions of subjective law.
Аннотация / Annotation:
Specifics of a civil and legal transaction as a mean of implementation of subjective civil law reasoning objects for setting limitations and prohibitions are considered in the article.
Ключевые слова / Keywords:
a bargain, implementation of subjective civil law, limitations, prohibitions of subjective law.