Право и образование
№ 12 • 2013
PROBLEMS OF EDUCATION
Yashchuk T.F. The professor of department of the theory and history of state and law of Omsk state university n.a. F.M. Dostoevsky – the doctor of law, the associate professor

Страницы / Pages: 4-13
Аннотация / Annotation:
In article are analyzed the main documents providing border cooperation: international and interstate agreements, state educational standards, local acts. Forms of cooperation of higher education institutions of the Omsk region and the Republic of Kazakhstan are shown at implementation of programs of a bachelor degree and a magistracy. Types of the academic mobility are allocated. Difficulties of realization of each type of mobility are shown. Suggestions for improvement of organizational and legal forms of cooperation are made.
Ключевые слова / Keywords:
the higher education, comparative jurisprudence, state policy, the educational policy, the higher education in Russia, the higher education in Kazakhstan, the academic mobility, a bachelor degree, a magistracy.
Аннотация / Annotation:
In article are analyzed the main documents providing border cooperation: international and interstate agreements, state educational standards, local acts. Forms of cooperation of higher education institutions of the Omsk region and the Republic of Kazakhstan are shown at implementation of programs of a bachelor degree and a magistracy. Types of the academic mobility are allocated. Difficulties of realization of each type of mobility are shown. Suggestions for improvement of organizational and legal forms of cooperation are made.
Ключевые слова / Keywords:
the higher education, comparative jurisprudence, state policy, the educational policy, the higher education in Russia, the higher education in Kazakhstan, the academic mobility, a bachelor degree, a magistracy.

Lavrukhin S.V. – PhD in Law, Associate Professor in the Department of Forencic Science Methodology at the Saratov State Law Academy.

Komyagina Y.S. – PhD in Law, Associate Professor in the Department of Criminal, Penal Law and Criminology at the Saratov State University after N.G. Chernyshevsky

Страницы / Pages: 14-26
Аннотация / Annotation:
The article presents a new theoretical model of a modern higher education in Russia. The article considers the technology of problem lecture on forencic science as a means to develop students’ creative thinking. Explores the concept, principles and procedure of forensic business games, their role in optimizing the educational process.
Ключевые слова / Keywords:
professional competence of the specialist, stages of modern education, forensic didactics, problematic method of training, business game.
Аннотация / Annotation:
The article presents a new theoretical model of a modern higher education in Russia. The article considers the technology of problem lecture on forencic science as a means to develop students’ creative thinking. Explores the concept, principles and procedure of forensic business games, their role in optimizing the educational process.
Ключевые слова / Keywords:
professional competence of the specialist, stages of modern education, forensic didactics, problematic method of training, business game.

Ivleva T.V. – the Candidate of Legal Sciences, associate professor of chair of the Yfa of the Modern University for the Humanities

Страницы / Pages: 27-35
Аннотация / Annotation:
The right to education is a fundamental and inalienable right of every individual provided on the International and National levels. The article describes this right under the Russian and the United Kingdom Laws, the problems of its realization, as well as methods of protection, including through an international institution – the European Court of Human Rights. Particular attention is paid to the cases of the ECHR.
Ключевые слова / Keywords:
education, national language, the European court of Human Rights, violation of rights, case law, the European Convention on Human Rights.
Аннотация / Annotation:
The right to education is a fundamental and inalienable right of every individual provided on the International and National levels. The article describes this right under the Russian and the United Kingdom Laws, the problems of its realization, as well as methods of protection, including through an international institution – the European Court of Human Rights. Particular attention is paid to the cases of the ECHR.
Ключевые слова / Keywords:
education, national language, the European court of Human Rights, violation of rights, case law, the European Convention on Human Rights.

Ivanova Zh.B. – PhD in Law, Associate Professor

Plotskaya O.A. – PhD in Law, Associate Professor

Nechaeva E.A.
–

Страницы / Pages: 36-43
Аннотация / Annotation:
The article is devoted to the implementation of pedagogical creativity of modern teacher. Its main objective – to acquaint the reader with the experience of interactive workshops aimed at developing common cultural and professional competencies. One of the main conclusions of the work is the proposition that interactive techniques, accompanied by the use of information and communication technologies used in modern educational process, help to implement the competence approach.
Ключевые слова / Keywords:
interactive learning, role playing, labor law, students, competence-based approach.
Аннотация / Annotation:
The article is devoted to the implementation of pedagogical creativity of modern teacher. Its main objective – to acquaint the reader with the experience of interactive workshops aimed at developing common cultural and professional competencies. One of the main conclusions of the work is the proposition that interactive techniques, accompanied by the use of information and communication technologies used in modern educational process, help to implement the competence approach.
Ключевые слова / Keywords:
interactive learning, role playing, labor law, students, competence-based approach.

Ovsyannikova O.A. – candidate of pedagogical Sciences, associate Professor

Страницы / Pages: 44-54
Аннотация / Annotation:
The article considers the theoretical and methodological foundations of speech competence of students of the University, focusing on the different concepts of the creation of textbooks for studying of the Russian language and speech culture» students both linguistic and non-linguistic universities. Most researchers considers it necessary to interpret the speech culture as a complex, multi-component concept that includes normative, communicative, ethical, aesthetic and other aspects. In the context of the educational process of profile of the University, focused on specific professional activities having a hard time limit on the development of the disciplines of the General humanitarian cycle, the most adequate competence-based approach to solving the problem.
Ключевые слова / Keywords:
speech competence, science-like approach, culture of speech, rhetoric, pragmatics, stylistics, knowledge approach, philosophical anthropology, axiological approach, activity approach, subjective approach, anthropological approach, interactive approaches, hermeneutics approach, spiritual-anthropological approach.
A THEORY OF LAWАннотация / Annotation:
The article considers the theoretical and methodological foundations of speech competence of students of the University, focusing on the different concepts of the creation of textbooks for studying of the Russian language and speech culture» students both linguistic and non-linguistic universities. Most researchers considers it necessary to interpret the speech culture as a complex, multi-component concept that includes normative, communicative, ethical, aesthetic and other aspects. In the context of the educational process of profile of the University, focused on specific professional activities having a hard time limit on the development of the disciplines of the General humanitarian cycle, the most adequate competence-based approach to solving the problem.
Ключевые слова / Keywords:
speech competence, science-like approach, culture of speech, rhetoric, pragmatics, stylistics, knowledge approach, philosophical anthropology, axiological approach, activity approach, subjective approach, anthropological approach, interactive approaches, hermeneutics approach, spiritual-anthropological approach.

Ponkin I.V. – doctor of science (Law), professor of chair of the legal support of the state and municipal services of the International Institute of Public Administration and Management of the Russian Presidential Academy of National Economy and Public Administration (Moscow, Russia), professor

Страницы / Pages: 55-70
Аннотация / Annotation:
The article investigates the concept of «good governance» and the concept of «new» public management. Investigated the essential features, advantages and disadvantages of the «new» model of public administration and of the traditional model of public administration, the essential features of their relationship.
Ключевые слова / Keywords:
public administration, state administration, administration, administrative reform, «new» model of public administration, «traditional» model of public administration.
Аннотация / Annotation:
The article investigates the concept of «good governance» and the concept of «new» public management. Investigated the essential features, advantages and disadvantages of the «new» model of public administration and of the traditional model of public administration, the essential features of their relationship.
Ключевые слова / Keywords:
public administration, state administration, administration, administrative reform, «new» model of public administration, «traditional» model of public administration.

Bayniyazova Z.S. – Candidate of Legal Science, Assistant Professor Department of State and Law Theory Law Faculty Saratov State University

Страницы / Pages: 71-85
Аннотация / Annotation:
The article explores the issue of Russian legal system consolidation. The author points out that contemporary situation brings about the need of insight into the problems of legal development in Russia through the analysis of legal system status because it is the legal system that is one of the major factors to encourage dynamic, steady development of Russia in the 21st century.
Ключевые слова / Keywords:
consolidation, legal system, individual legal status, law-making process, law-enforcement process.
Аннотация / Annotation:
The article explores the issue of Russian legal system consolidation. The author points out that contemporary situation brings about the need of insight into the problems of legal development in Russia through the analysis of legal system status because it is the legal system that is one of the major factors to encourage dynamic, steady development of Russia in the 21st century.
Ключевые слова / Keywords:
consolidation, legal system, individual legal status, law-making process, law-enforcement process.

Panchenko V.Yu. – PhD in Law, Associate Professor at the Siberian Federal University

Страницы / Pages: 86-93
Аннотация / Annotation:
The paper formulates the essential and distinctive features of such direction (or kind) of judicial policy as judicial policy in promoting the implementation of legal rights and interests.
Ключевые слова / Keywords:
legal assistance in the implementation of rights and legitimate interests, justice, legal aid, legal policy, judicial policy.
SCIENTIFIC MESSAGESАннотация / Annotation:
The paper formulates the essential and distinctive features of such direction (or kind) of judicial policy as judicial policy in promoting the implementation of legal rights and interests.
Ключевые слова / Keywords:
legal assistance in the implementation of rights and legitimate interests, justice, legal aid, legal policy, judicial policy.

Mamedzade A.A. – PhD (Law), doctoral candidate of the Institute of Philosophy, Sociology and Law of the Azerbaijan National Academy of Sciences

Страницы / Pages: 94-103
Аннотация / Annotation:
In article, on the base of analysis of the most important provisions protecting the right to freedom of thought, conscience and religion in international legal instruments, it is identified traditional guarantees of freedom of conscience and religion. The author presents regional systems governing the rights and freedoms of individuals with regard to the appropriate group of states. Under consideration are the principles in the international legal regulation of the rights and freedoms of individuals and mechanisms for protecting human rights in a democratic society.
Ключевые слова / Keywords:
freedom of conscience, freedom of religion, international legal instrument, human rights, convention, pact, declaration.
Аннотация / Annotation:
In article, on the base of analysis of the most important provisions protecting the right to freedom of thought, conscience and religion in international legal instruments, it is identified traditional guarantees of freedom of conscience and religion. The author presents regional systems governing the rights and freedoms of individuals with regard to the appropriate group of states. Under consideration are the principles in the international legal regulation of the rights and freedoms of individuals and mechanisms for protecting human rights in a democratic society.
Ключевые слова / Keywords:
freedom of conscience, freedom of religion, international legal instrument, human rights, convention, pact, declaration.

Gulenkov M.S. – chief expert of the Federal аntimonopoly service, graduate student of Moscow academy of economics and law.

Страницы / Pages: 104-111
Аннотация / Annotation:
The article is devoted to the study of social usufruct, as an institution of high social importance, to meet the needs of citizens in need of social assistance and also make some recommendations for the consideration of court cases related to social usufructs and the building of legal norms which regulate it.
Ключевые слова / Keywords:
usufruct, social usufruct, right of personal usufruct, limited property rights.
Аннотация / Annotation:
The article is devoted to the study of social usufruct, as an institution of high social importance, to meet the needs of citizens in need of social assistance and also make some recommendations for the consideration of court cases related to social usufructs and the building of legal norms which regulate it.
Ключевые слова / Keywords:
usufruct, social usufruct, right of personal usufruct, limited property rights.

Potocky D.V. – lawyer, member of the Bar of the City of Moscow

Страницы / Pages: 112-116
Аннотация / Annotation:
The article investigates the characteristics of legal support and realization of copyright on the subject of architecture.
Ключевые слова / Keywords:
copyright, intellectual property right, the objects of architecture.
PAGES OF HISTORYАннотация / Annotation:
The article investigates the characteristics of legal support and realization of copyright on the subject of architecture.
Ключевые слова / Keywords:
copyright, intellectual property right, the objects of architecture.

Mishanov S.A. – doctor of history, professor of chair of social and cultural activity of Moscow Military university

Страницы / Pages: 117-131
Аннотация / Annotation:
The interrelation of Church and State and their legal regulation have always played a very important role in the history of Russia. The problem is still actual. The article deals with some historical and legal grounds of the Peter I’ reforms in the Russian orthodox church. The author explains his reasons for changes in the management of the Russian church in the early years of the Russian Empire.
Ключевые слова / Keywords:
ecclesiastical law, Russian orthodox church, Patriarch, Peter I, Synod, attorney-general.
Аннотация / Annotation:
The interrelation of Church and State and their legal regulation have always played a very important role in the history of Russia. The problem is still actual. The article deals with some historical and legal grounds of the Peter I’ reforms in the Russian orthodox church. The author explains his reasons for changes in the management of the Russian church in the early years of the Russian Empire.
Ключевые слова / Keywords:
ecclesiastical law, Russian orthodox church, Patriarch, Peter I, Synod, attorney-general.

Zavrazhin A.V. – Doctor of History, Professor

Ruzanov S.A.
–

Страницы / Pages: 132-140
Аннотация / Annotation:
Specifics of development of political process in a country after October riots and ligitimation of new national identity through a step-by-step constitutional reform in a period of six-year presidential term of Boris Yeltsin are shown in the article.
Ключевые слова / Keywords:
insurrection, October’s riots in Moscow, a step-by-step constitution reform, an opposition bloc, new national identity, social protest.
Аннотация / Annotation:
Specifics of development of political process in a country after October riots and ligitimation of new national identity through a step-by-step constitutional reform in a period of six-year presidential term of Boris Yeltsin are shown in the article.
Ключевые слова / Keywords:
insurrection, October’s riots in Moscow, a step-by-step constitution reform, an opposition bloc, new national identity, social protest.

Dolgov S.N.
–

Страницы / Pages: 141-144
Аннотация / Annotation:
The author analyzes the experience and problems of construction management and financing of the XXII Summer Olympic Games, which were held in Moscow in 1980
Ключевые слова / Keywords:
source of funding Olympic Games, XXII Olympic Games, Organizing Committee “Olympics-80”, the Olympic facilities, Sports Committee of the USSR.
A SCIENTIFIC DEBUTАннотация / Annotation:
The author analyzes the experience and problems of construction management and financing of the XXII Summer Olympic Games, which were held in Moscow in 1980
Ключевые слова / Keywords:
source of funding Olympic Games, XXII Olympic Games, Organizing Committee “Olympics-80”, the Olympic facilities, Sports Committee of the USSR.

Salnikov A.A. – Military University of Russian Ministry of Defense, Russian Federation, Moscow. Adjunct at Philosophy and Religious Studies Chair

Страницы / Pages: 145-150
Аннотация / Annotation:
Some of value-law aspects according to problems of officer’s worldview forming in the learning process are analyzed in the article. The position of the military activity is substantiated as based on value-worldview structure. Some approaches to the definition of the structure and content of the officer’s worldview are considered in the article; typical strategies for realization of the modern officer’s ideological position and their impact on military activities revealed. Special attention is paid to determining the essence of the worldview foundation of military activities.
Ключевые слова / Keywords:
worldview, paradigm, ideal value, norm, knowledge, faith, beliefs, conflict, dialogue, military activities.
Аннотация / Annotation:
Some of value-law aspects according to problems of officer’s worldview forming in the learning process are analyzed in the article. The position of the military activity is substantiated as based on value-worldview structure. Some approaches to the definition of the structure and content of the officer’s worldview are considered in the article; typical strategies for realization of the modern officer’s ideological position and their impact on military activities revealed. Special attention is paid to determining the essence of the worldview foundation of military activities.
Ключевые слова / Keywords:
worldview, paradigm, ideal value, norm, knowledge, faith, beliefs, conflict, dialogue, military activities.

Dmitrashchenko O.A. – the competitor for the title of Ph.D. in Political Science, International Security department member of the Moscow State University, international politics faculty.

Страницы / Pages: 151-159
Аннотация / Annotation:
In 1989 a new term has appeared in the world politics – «The Major non-NATO ally» (MNNA). It describes close strategic and military relations of United States with the countries that are not members of the North Atlantic Alliance. State which has MNNA status may participate with U.S. Department of Defense in joint counter-terrorism operations, research projects, acquire modern weapons systems, etc. In official documents the term MNNA is weakly reflected and hardly ever used in scientific publications and media coverage. Today, however, 15 countries have this status, which shows its importance to the policy of the United States.
Ключевые слова / Keywords:
the USA, “the main ally out of NATO”.
Аннотация / Annotation:
In 1989 a new term has appeared in the world politics – «The Major non-NATO ally» (MNNA). It describes close strategic and military relations of United States with the countries that are not members of the North Atlantic Alliance. State which has MNNA status may participate with U.S. Department of Defense in joint counter-terrorism operations, research projects, acquire modern weapons systems, etc. In official documents the term MNNA is weakly reflected and hardly ever used in scientific publications and media coverage. Today, however, 15 countries have this status, which shows its importance to the policy of the United States.
Ключевые слова / Keywords:
the USA, “the main ally out of NATO”.

Maksimov A.I. – Post-graduate student of the Volzhskiy University name V.N. Tatishcheva

Страницы / Pages: 160-165
Аннотация / Annotation:
The article is an analysis of the criminal law or regulations covering the content and application of the penalty of deprivation of the right to hold certain positions or engage in certain activities. Settles some changes to the existing legislation.
Ключевые слова / Keywords:
criminal law, deprivation of the right to occupy certain positions or engage in certain activities, punishment, the purpose of punishment, the restriction of labor rights and professional activities of the convicted person, the deprivation of rights.
Аннотация / Annotation:
The article is an analysis of the criminal law or regulations covering the content and application of the penalty of deprivation of the right to hold certain positions or engage in certain activities. Settles some changes to the existing legislation.
Ключевые слова / Keywords:
criminal law, deprivation of the right to occupy certain positions or engage in certain activities, punishment, the purpose of punishment, the restriction of labor rights and professional activities of the convicted person, the deprivation of rights.

Dautiya T.V. – Postgraduate Student of chair of civil law the Modern University for the Humanities

Страницы / Pages: 166-172
Аннотация / Annotation:
The main objective of activity of the self-regulating organizations in the sphere of building is the prevention of harm of life or to health of people, to property or to the nature. For this purpose the self-regulating organizations in the sphere of building especially has functions of control over at performance of construction works. The result of actions of control depends from provided to these organizations of competence in relation to buildings firms. In this article this question being investigated.
Ключевые слова / Keywords:
self-regulating organizations in the sphere of building, control, violation of requirements of technical regulations, safety.
Аннотация / Annotation:
The main objective of activity of the self-regulating organizations in the sphere of building is the prevention of harm of life or to health of people, to property or to the nature. For this purpose the self-regulating organizations in the sphere of building especially has functions of control over at performance of construction works. The result of actions of control depends from provided to these organizations of competence in relation to buildings firms. In this article this question being investigated.
Ключевые слова / Keywords:
self-regulating organizations in the sphere of building, control, violation of requirements of technical regulations, safety.