Право и образование
№ 12 • 2012
MODERN EDUCATION
OZEROV V.A. Ozerov V.A. – PhD in Law
KUROV S.V. Kurov S.V. – PhD in Law, Associate Professor
GAVRISHCHUK V.V. Gavrishchuk V.V. – Doctor of History, Professor
Education and Security: a Theoretical and Legal Aspect
Страницы / Pages: 4-13
Аннотация / Annotation:
The authors state that education because of its poliphonic nature is a natural fundament of national, public, and personal security.
Ключевые слова / Keywords:
national security, education, legal warranties, legal protection, juridical protection.
Аннотация / Annotation:
The authors state that education because of its poliphonic nature is a natural fundament of national, public, and personal security.
Ключевые слова / Keywords:
national security, education, legal warranties, legal protection, juridical protection.
SITDIKOVA L.B. Sitdikova L.B. – Head of the Department of Civil Law and Procedures of the Russian State Social University, Doctor of Law, Professor
Implementation of a Program ‘Anti-Plagiarism’ into a System of Russian Education
Страницы / Pages: 14-19
Аннотация / Annotation:
Issues of quality of education of a system of Russian education are set in the article. Legal insecurity of copyrights within a system of Russian education in Russia arises such an event as illegal usage of private intelligent property. The author on the basis of the conducted analysis proposes implementation of a system ‘Anti-Plagiarism’ for checking dissertations and theses.
Ключевые слова / Keywords:
education, quality of education, plagiarism, anti-plagiarism, Internet, publications, articles, a copyright.
Аннотация / Annotation:
Issues of quality of education of a system of Russian education are set in the article. Legal insecurity of copyrights within a system of Russian education in Russia arises such an event as illegal usage of private intelligent property. The author on the basis of the conducted analysis proposes implementation of a system ‘Anti-Plagiarism’ for checking dissertations and theses.
Ключевые слова / Keywords:
education, quality of education, plagiarism, anti-plagiarism, Internet, publications, articles, a copyright.
PEVTSOVA E.A. Pevtsova E.A. – Doctor of Law, Professor
USATOV S.A. Usatov S.A. – PhD in Law
Actual Issues of Usage of Pedagogic Expertise in a Field of Innovative Development of Educational Activity
Страницы / Pages: 20-27
Аннотация / Annotation:
The article covers problems of usage of an institute of pedagogic expertise in a process of law-producing and methodological support of educational activities. The authors reason necessity of implementation of practice of a pedagogic expertise; its nature, purposes, objects and mechanisms are shown.
Ключевые слова / Keywords:
education, expert activities, a pedagogic expertise, innovations, interactive methods of education.
Аннотация / Annotation:
The article covers problems of usage of an institute of pedagogic expertise in a process of law-producing and methodological support of educational activities. The authors reason necessity of implementation of practice of a pedagogic expertise; its nature, purposes, objects and mechanisms are shown.
Ключевые слова / Keywords:
education, expert activities, a pedagogic expertise, innovations, interactive methods of education.
ULYANTSEVA YU.S. Ulyantseva Yu.S. – Senior Teacher of Moscow University in the name of S.Yu.Vitte
Legal Regulation of Private and State Partnership in a Sphere of Education in the Russian Federation
Страницы / Pages: 28-31
Аннотация / Annotation:
The author investigates legal and regulatory abilities of development of private and state partnership in a sphere of education in the Russian Federation.
Ключевые слова / Keywords:
private and state partnership, professional education, general education.
SCIENTIFIC MESSAGESАннотация / Annotation:
The author investigates legal and regulatory abilities of development of private and state partnership in a sphere of education in the Russian Federation.
Ключевые слова / Keywords:
private and state partnership, professional education, general education.
SAZONOV V.E. Sazonov V.E. – Chair of the College of Lawyers ‘Sazonov, Markin and Partners’, PhD in Law, Member of the Expert Council of the Committee of the State Duma on Issues of Property
Specifics of Legal Support and Implementation of State ad Private Partnership in Germany
Страницы / Pages: 32-41
Аннотация / Annotation:
The article covers specifics of legal support and problems of implementation of state and private partnership in Germany.
Ключевые слова / Keywords:
state and private partnership, consession, state management, public interests, public services, Germany.
Аннотация / Annotation:
The article covers specifics of legal support and problems of implementation of state and private partnership in Germany.
Ключевые слова / Keywords:
state and private partnership, consession, state management, public interests, public services, Germany.
SHAVROV A.V. Shavrov A.V. – Head of the Department of Financial Law of Moscow State University for Economics, Statistics and Computer Engineering, PhD in Law, Associate Professor
TYURIN I.V. Tyurin I.V. – Teacher of the Department of Financial Law of Moscow State University for Economics, Statistics, and Computer Engineering
Internal Off-Shores: Russian Experience and Further Challenges of Implementation
Страницы / Pages: 42-48
Аннотация / Annotation:
The article covers a problem of creation of internal Russian off-shores in a period from the beginning of 90ies through modern time. Specifics of internal off-shores as a whole and special features and difficulties existing in a Russian model of building of low-tax jurisdictions are investigted in the article. An analysis of current state of legal regulation of exclusive economic zones as a kind of internal off-shores is conducted.
Ключевые слова / Keywords:
Аннотация / Annotation:
The article covers a problem of creation of internal Russian off-shores in a period from the beginning of 90ies through modern time. Specifics of internal off-shores as a whole and special features and difficulties existing in a Russian model of building of low-tax jurisdictions are investigted in the article. An analysis of current state of legal regulation of exclusive economic zones as a kind of internal off-shores is conducted.
Ключевые слова / Keywords:
CHELYSHEVA N.YU. Chelysheva N.Yu. – Associate Professor of the Department of Private Law of Ural Institute of the Branch RANKHiGS, PhD in Law
PARYGINA O.V. Parygina O.V. – Teacher of the Department of Economics, Mangaement and Law of Langepass Branch of RANKHiGS
Participation of Citizens in Activity of Organs of Local Government
Страницы / Pages: 49-53
Аннотация / Annotation:
Problems of determination of effective forms and methods enabling to change consciousness and recognition of themselves by Russian people as citizens as main subjects of civil society and local govenment and to take part in solving state tasks and local problems, to express civil position and implement civil rights and freedoms are represented.
Ключевые слова / Keywords:
legal culture, managerial culture, paternalism, a discussion tribune, managerial decisions, public discussion.
Аннотация / Annotation:
Problems of determination of effective forms and methods enabling to change consciousness and recognition of themselves by Russian people as citizens as main subjects of civil society and local govenment and to take part in solving state tasks and local problems, to express civil position and implement civil rights and freedoms are represented.
Ключевые слова / Keywords:
legal culture, managerial culture, paternalism, a discussion tribune, managerial decisions, public discussion.
SPEKTOR A.A. Spektor A.A. – Associate Professor of the Department of Entrepreneuship Law of Moscow State Juridical Academy in the name of O.E.Kutafin, PhD in Law, Associate Professor
Legal Support of Subjects of Small and Medium Business
Страницы / Pages: 54-62
Аннотация / Annotation:
Universal forms and types of support of small and medium business and special forms of support used for the subjects of business fixed in the Program of Development of Entrepreneurship are considered in the article. Great attention is paid to the urban legislation of Moscow.
Ключевые слова / Keywords:
support, an infrastructure of support, subjects of small and medium business, subsidies, investments, legal support, consulting and information support.
A CONSITUTIONAL LAWАннотация / Annotation:
Universal forms and types of support of small and medium business and special forms of support used for the subjects of business fixed in the Program of Development of Entrepreneurship are considered in the article. Great attention is paid to the urban legislation of Moscow.
Ключевые слова / Keywords:
support, an infrastructure of support, subjects of small and medium business, subsidies, investments, legal support, consulting and information support.
CHEPUS A.V. Chepus A.V. – PhD in Law, Associate Professor of the Department of Constitutional Law of the Russian Academy of Public Economy and State Service under the President of the Russian Federation
Constitutional and Legal Liability of the Government of the Russian Federation as a Supreme Organ of Executive Power of the Russian Federation
Страницы / Pages: 63-72
Аннотация / Annotation:
The article covers an actual and less developed topic such as liability of the Government of the Russian Federation within the frameworks of an acting system of legislation. Problem moments of liability of the Government to the Parliament of the Russian Federation and the President of the Russian Federation are shown, and models of organization of work of executive power in world practice are considered. Variations of resolution of these or those contradictions in this sphere are proposed and an analysis of work of the Government of the Russian Federation is given in details.
Ключевые слова / Keywords:
parliament liability, a government, authorities, executive power, constitution, organs of executive power, a president.
Аннотация / Annotation:
The article covers an actual and less developed topic such as liability of the Government of the Russian Federation within the frameworks of an acting system of legislation. Problem moments of liability of the Government to the Parliament of the Russian Federation and the President of the Russian Federation are shown, and models of organization of work of executive power in world practice are considered. Variations of resolution of these or those contradictions in this sphere are proposed and an analysis of work of the Government of the Russian Federation is given in details.
Ключевые слова / Keywords:
parliament liability, a government, authorities, executive power, constitution, organs of executive power, a president.
NEDOREZOVA O.YU. Nedorezova O.Yu. – Senior Teacher of the Department of Economics of a Branch of Kazan State University in the name of Ulyanov-Lenin, Naberezhnye Chelny
A State as a Main Subject of Institutional Transformations
Страницы / Pages: 73-78
Аннотация / Annotation:
The article covers consideration a state as a main subject of institutional transformations. It is stated in the article that a state through formal rules influences on development of an institutional structure of a society.
Ключевые слова / Keywords:
a state, institution, institutional transformations, formal rules, informal rules, transaction costs, an institutional structure.
Аннотация / Annotation:
The article covers consideration a state as a main subject of institutional transformations. It is stated in the article that a state through formal rules influences on development of an institutional structure of a society.
Ключевые слова / Keywords:
a state, institution, institutional transformations, formal rules, informal rules, transaction costs, an institutional structure.
VIKHLYAEVA A.A.
Vikhlyaeva A.A.
–
Specifics of Fundamentals of Positive Constitutional Responsibility of Authorities of Public Power
Страницы / Pages: 79-83
Аннотация / Annotation:
Approaches to ratio between constitutional and political responsibility are analyzed; a concept ‘constitutional inadequacy’ as a main constitutional responsibility is shown; specifics of fundamentals of impose of the state emergency are considered.
Ключевые слова / Keywords:
positive constitutional responsibility, main responsibility, constitutional inadequacy.
A CRIMINAL LAWАннотация / Annotation:
Approaches to ratio between constitutional and political responsibility are analyzed; a concept ‘constitutional inadequacy’ as a main constitutional responsibility is shown; specifics of fundamentals of impose of the state emergency are considered.
Ключевые слова / Keywords:
positive constitutional responsibility, main responsibility, constitutional inadequacy.
BERESTOVOY A.N. Berestovoy A.N. – Associate Professor of the Department of Criminal Law of Saint-Petersburg University of the Ministry of Internal Development of Russia, PhD in Law, Associate Professor
A Concept of Substantiated Risk in a Criminal Legislation of the Russian Federation
Страницы / Pages: 84-90
Аннотация / Annotation:
The author states that difference between a criminal action from non-criminal one is a fundamental problem of criminal and legal regulation, solution of which is based on development of contents of regulatory material of a criminal legislation.
Ключевые слова / Keywords:
circumstances, excluding a criminal action, a crime, conditions of legality, a legal action, criminal and legal qualification, substantiated risk.
Аннотация / Annotation:
The author states that difference between a criminal action from non-criminal one is a fundamental problem of criminal and legal regulation, solution of which is based on development of contents of regulatory material of a criminal legislation.
Ключевые слова / Keywords:
circumstances, excluding a criminal action, a crime, conditions of legality, a legal action, criminal and legal qualification, substantiated risk.
DZHINDZHOLIA R.S. Dzhindzholia R.S. – Doctor of Law
Estimative Character of a Concept of Life in a Criminal Law
Страницы / Pages: 91-98
Аннотация / Annotation:
The article covers consideration of estimative character of a concept of life in criminal and legal interpretation of a murder in the Criminal Code of the Russian Federation. Great attention is paid opening contents of life from the position of law. Also there are characteristics of another estimative concept of death, that is very valuable thing in a field to law.
Ключевые слова / Keywords:
life, death, murder, right for life, interpretation of a crime.
Аннотация / Annotation:
The article covers consideration of estimative character of a concept of life in criminal and legal interpretation of a murder in the Criminal Code of the Russian Federation. Great attention is paid opening contents of life from the position of law. Also there are characteristics of another estimative concept of death, that is very valuable thing in a field to law.
Ключевые слова / Keywords:
life, death, murder, right for life, interpretation of a crime.
SOLDATOVA S.V. Soldatova S.V. – Associate Professor of the Department of Criminal and Legal Disciplines of the Faculty of Law of the Russian New University (RosNOU)
Criminal Responsibility for Children Pornography by the Criminal Code of the Russian Federation
Страницы / Pages: 99-108
Аннотация / Annotation:
Assessment of criminal and legal restriction for actions related to pornographic images of minors is given on the basis of an analysis of parameters of a crime fixed in the articles 242.1 and 242.2 of the Criminal Code of the Russian Federation. Proposals on improvement of legal regulation of criminal responsibility for the crime are given.
Ключевые слова / Keywords:
producing, distributing, pornography, pornography producing, pornographic images, minors.
DISCUSSING A PROBLEMАннотация / Annotation:
Assessment of criminal and legal restriction for actions related to pornographic images of minors is given on the basis of an analysis of parameters of a crime fixed in the articles 242.1 and 242.2 of the Criminal Code of the Russian Federation. Proposals on improvement of legal regulation of criminal responsibility for the crime are given.
Ключевые слова / Keywords:
producing, distributing, pornography, pornography producing, pornographic images, minors.
KVACHEVA P.I. Kvacheva P.I. – Director of the Branch of The Russian State Social University (RGSU), Sochi, Doctor of Law, Professor
A Problem of ‘a Starting Point’ of a State in Aristotle’s Ideas
Страницы / Pages: 109-119
Аннотация / Annotation:
Problems of ‘a starting point of a state’ in Aristotle’s ideas are considered; characteristics of starting poins and reasons in four chapters of the book ‘Metaphysics’ are given in details. The article includes Aristotle’s views on social and economic life of a state.
Ключевые слова / Keywords:
a starting point, philosophy, political views, policy, law.
Аннотация / Annotation:
Problems of ‘a starting point of a state’ in Aristotle’s ideas are considered; characteristics of starting poins and reasons in four chapters of the book ‘Metaphysics’ are given in details. The article includes Aristotle’s views on social and economic life of a state.
Ключевые слова / Keywords:
a starting point, philosophy, political views, policy, law.
SHEVCHENKO O.V. Shevchenko O.V. – Doctor Degree’s Student of the Department of Philosophy and Religious Studies of the Military University, PhD
Implicit Knowledge of Spiritual Traditions of Russian Society and Army in a Process of Social and Cultural Modernization
Страницы / Pages: 120-125
Аннотация / Annotation:
Nature of implicit knowledge represented in spiritual traditions of modern Russian society and army by means of mental specifics of ethnos, its deep spiritual culture, language and personal knowledge are shown in the article. Implicit knowledge is diffucultly combined with a sense, but it is a necessary component of cognitive activity of a person, and it is reasoned first of all personal sensitive abilities.
Ключевые слова / Keywords:
implicit knowledge, traditions, spiritual traditions, modern Russian society, army.
Аннотация / Annotation:
Nature of implicit knowledge represented in spiritual traditions of modern Russian society and army by means of mental specifics of ethnos, its deep spiritual culture, language and personal knowledge are shown in the article. Implicit knowledge is diffucultly combined with a sense, but it is a necessary component of cognitive activity of a person, and it is reasoned first of all personal sensitive abilities.
Ключевые слова / Keywords:
implicit knowledge, traditions, spiritual traditions, modern Russian society, army.
DZHINDZHOLIA K.K.
Dzhindzholia K.K.
–
Some Issues of Adoption in a Modern Family Legislation of Russia and The Republic of Abkhasia
Страницы / Pages: 126-130
Аннотация / Annotation:
A comparative analysis of regulation of relation of adoption by regulations in family codes of Russia and the Republic of Akhasia is conducted in the article. Contents of arising legal relations in case of adoption are explained. A role, value and specifics of functioning of a foster family and problems of its legal regulation are set.
Ключевые слова / Keywords:
a family, family law, adoption, a foster family, relationship, legal guardianship, fostering.
PAGES OF HISTORYАннотация / Annotation:
A comparative analysis of regulation of relation of adoption by regulations in family codes of Russia and the Republic of Akhasia is conducted in the article. Contents of arising legal relations in case of adoption are explained. A role, value and specifics of functioning of a foster family and problems of its legal regulation are set.
Ключевые слова / Keywords:
a family, family law, adoption, a foster family, relationship, legal guardianship, fostering.
OSIPENKOVA I.V. Osipenkova I.V. – Applicant of the Department of Humane, Social and Economic Disciplines of Khabarovsk Border Institute of the Federal Security Service of Russia
Pedagogic ideal as a source of development of a purpose of education by russian teachers at the turn of 19th-20th centuries
Страницы / Pages: 131-136
Аннотация / Annotation:
A nature and contents of a concept ‘ideal’ as philosophic and pedagogic category in historic and pedagogic aspect are considered in the article. Taking into account natural characteristics of an ideal are set and described its pedagogic functions. The author shows interaction between concepts ‘education’, ‘purposes of education’ and ‘pedagogic ideal’.
Ключевые слова / Keywords:
education, a purpose, pedagogic ideal, a person.
Аннотация / Annotation:
A nature and contents of a concept ‘ideal’ as philosophic and pedagogic category in historic and pedagogic aspect are considered in the article. Taking into account natural characteristics of an ideal are set and described its pedagogic functions. The author shows interaction between concepts ‘education’, ‘purposes of education’ and ‘pedagogic ideal’.
Ключевые слова / Keywords:
education, a purpose, pedagogic ideal, a person.
MARTYNOV V.F. Martynov V.F. – PhD in Law
Role of tribunals, military policy, and military correctional institutions in strenthening disciplines in the Russian Army in 18th – the beginning of 20th century
Страницы / Pages: 137-144
Аннотация / Annotation:
A role and a place of tribunals, military policy, and military correctional institutions in a system of strenthening a discipline in a Russian army in 18th – the beginning of 20th century are shown in the article. A complex research of the given problem based on archive documents and materials enables to show real state of military discipline, to study disciplinary military practice, to systemize orders in the army and to put it into accordance with development of social relations in Russia.
Ключевые слова / Keywords:
military building, tribunals, military policy, military correctional institutions, military discipline, order and organization, combat spirit, officers, enlisted men.
Аннотация / Annotation:
A role and a place of tribunals, military policy, and military correctional institutions in a system of strenthening a discipline in a Russian army in 18th – the beginning of 20th century are shown in the article. A complex research of the given problem based on archive documents and materials enables to show real state of military discipline, to study disciplinary military practice, to systemize orders in the army and to put it into accordance with development of social relations in Russia.
Ключевые слова / Keywords:
military building, tribunals, military policy, military correctional institutions, military discipline, order and organization, combat spirit, officers, enlisted men.
AREFIEVA I.A. Arefieva I.A. – Associate Professor of Khabarovsk Branch of the Modern University for the Humanities, PhD in History
Activity of Far East Departments for Social Support in Organization Provision of Population in 1941-1945
Страницы / Pages: 145-154
Аннотация / Annotation:
The article covers an issue of organization of social support in Far East of the USSR in 1941–1945 and events in organizations of provision of population with food, manufactured goods, fuel, etc., and payment of benefits for wives, children, and other members of families of soldiers in 1941–1945, and also reporting of Far East deparments of social supports to The Party and Soviet authorities.
Ключевые слова / Keywords:
department of social support, regulating provision, food cards, children cards, pensions and benefits for families of soldiers, measures of social protection, special privileges.
A SCIENTIFIC DEBUTАннотация / Annotation:
The article covers an issue of organization of social support in Far East of the USSR in 1941–1945 and events in organizations of provision of population with food, manufactured goods, fuel, etc., and payment of benefits for wives, children, and other members of families of soldiers in 1941–1945, and also reporting of Far East deparments of social supports to The Party and Soviet authorities.
Ключевые слова / Keywords:
department of social support, regulating provision, food cards, children cards, pensions and benefits for families of soldiers, measures of social protection, special privileges.
BABAKINA E.I. Babakina E.I. – Researcher of a Scientific Department of the Military University
An Image of Napoleon in the War of 1812: How is He Represented in a Modern School Program on History?
Страницы / Pages: 155-160
Аннотация / Annotation:
The article covers a problem of expression of Napoleon Bonaparte in the War of 1812 in a school program. Textbooks adopted and recommended by the Ministry of Education having a status of basic and profile textbooks for secondary schools and included by the Ministry of Education into the list of recommended educational literature for 2012/2013 are analyzed from the point of view of modern historiography. Great attention is paid to critics of special selection of educational material.
Ключевые слова / Keywords:
school textbooks, Nopoleon Bonaparte, the War of 1812, historiography.
Аннотация / Annotation:
The article covers a problem of expression of Napoleon Bonaparte in the War of 1812 in a school program. Textbooks adopted and recommended by the Ministry of Education having a status of basic and profile textbooks for secondary schools and included by the Ministry of Education into the list of recommended educational literature for 2012/2013 are analyzed from the point of view of modern historiography. Great attention is paid to critics of special selection of educational material.
Ключевые слова / Keywords:
school textbooks, Nopoleon Bonaparte, the War of 1812, historiography.
PONKINA A.A.
Ponkina A.A.
–
Deontological Imperatives in Medical Activity and Legal Effects of a Lack of Medical Aid: Foreign Judicial Practice
Страницы / Pages: 161-174
Аннотация / Annotation:
The article covers a research of legal positions of foreign judicial institutions expressed in condemnation on special cases of defects of medical aid and expressing approaches to understanding and interpretation of responsibilities of a doctor and a medical institution, deontological imperatives in medical activities, legal effects of a lack of medical aid.
Ключевые слова / Keywords:
patients’ rights, medical error, lack of medical aid, medical law, medical deontology, judgment, responsibility, compensation for harm.
Аннотация / Annotation:
The article covers a research of legal positions of foreign judicial institutions expressed in condemnation on special cases of defects of medical aid and expressing approaches to understanding and interpretation of responsibilities of a doctor and a medical institution, deontological imperatives in medical activities, legal effects of a lack of medical aid.
Ключевые слова / Keywords:
patients’ rights, medical error, lack of medical aid, medical law, medical deontology, judgment, responsibility, compensation for harm.
POLKOVNIKOVA M.A.
Polkovnikova M.A.
–
Problems within Professional Legal Consciousness of Judges
Страницы / Pages: 175-177
Аннотация / Annotation:
The article covers issues of professional legal consciousness of judges. There is analysis of negative changes in legal consciousness of judges such as problems of legal consciousness and their influence on quality of justice. Great attention is paid to reasons of arising problems with legal consciousness of judges and methods of their solution.
Ключевые слова / Keywords:
consciousness, a judge, problems with legal consciousness.
REVIEWSАннотация / Annotation:
The article covers issues of professional legal consciousness of judges. There is analysis of negative changes in legal consciousness of judges such as problems of legal consciousness and their influence on quality of justice. Great attention is paid to reasons of arising problems with legal consciousness of judges and methods of their solution.
Ключевые слова / Keywords:
consciousness, a judge, problems with legal consciousness.
BUYANKINA A.N. Buyankina A.N. – Doctor of Economics, Professor
Partnership of the State and Business in Future of Economic Development of a Country
Страницы / Pages: 178-181
Аннотация / Annotation:
The article covers a review for a scientific monograph by PhD of Law of V.E. Sazonova – ‘State and Private Partnership: Civil and Legal, Administrative-Legal and Financial-Legal Aspects’ (Moscow, 2012, 492 p.) and ‘State-Private Partnership: legal Fundamentals, Problems, and Challenges’ (Moscow, 2010, 179 p.).
Ключевые слова / Keywords:
state-private partnership, economics, state infrastructural policy, state administration, public interests, public services.
Аннотация / Annotation:
The article covers a review for a scientific monograph by PhD of Law of V.E. Sazonova – ‘State and Private Partnership: Civil and Legal, Administrative-Legal and Financial-Legal Aspects’ (Moscow, 2012, 492 p.) and ‘State-Private Partnership: legal Fundamentals, Problems, and Challenges’ (Moscow, 2010, 179 p.).
Ключевые слова / Keywords:
state-private partnership, economics, state infrastructural policy, state administration, public interests, public services.