Право и образование
№ 12 • 2015
EDUCATIONAL LAW
KOROLEV S. Korolev S. – PhD (law), professor
“Basic Education” as a Paradox, a Fiction and an Ideologeme
Страницы / Pages: 4-9
Аннотация / Annotation:
While analysing the term “basic education” the author focuses his attention on new idols of the domestic educational system, namely the Bologna system, depersonalization of education in the disguise of the battle for objectivity and fragmentation of education in the disguise of its differentiation. As a lawyer, the author favours the normativist method, which inevitably combines with the systematic analysis of the federal legislation on education.
Ключевые слова / Keywords:
basic education, higher education, higher professional education, the Bologna system, rule of law, the principle of the social state, the succession (coherence) principle, UNESCO, the Federal legislative act “On Education” of 2012.
Аннотация / Annotation:
While analysing the term “basic education” the author focuses his attention on new idols of the domestic educational system, namely the Bologna system, depersonalization of education in the disguise of the battle for objectivity and fragmentation of education in the disguise of its differentiation. As a lawyer, the author favours the normativist method, which inevitably combines with the systematic analysis of the federal legislation on education.
Ключевые слова / Keywords:
basic education, higher education, higher professional education, the Bologna system, rule of law, the principle of the social state, the succession (coherence) principle, UNESCO, the Federal legislative act “On Education” of 2012.
BRATANOVSKY S.N. Bratanovsky S.N. – doctor of jurisprudence, professor
KOCHERGA S.A. Kocherga S.A. – candidate of jurisprudence, the associate professor
BRATANOVSKAYA M.S. Bratanovskaya M.S. – candidate of jurisprudence
Governing bodies of educational institution
Страницы / Pages: 10-20
Аннотация / Annotation:
In the scientific article legal bases of formation and functioning of governing bodies of educational institution are investigated. The essence of differentiation joint and the edinonachalnykh of bodies Raskkryvatsya. The legal norms and positions of the leading researchers devoted to separate aspects of creation of organizational structures of educational institutions are analyzed. The author’s solution of problems in this sphere is proposed.
Ключевые слова / Keywords:
administrative law, educational process, establishment, collective nature, governing body, structure, training, legislation.
Аннотация / Annotation:
In the scientific article legal bases of formation and functioning of governing bodies of educational institution are investigated. The essence of differentiation joint and the edinonachalnykh of bodies Raskkryvatsya. The legal norms and positions of the leading researchers devoted to separate aspects of creation of organizational structures of educational institutions are analyzed. The author’s solution of problems in this sphere is proposed.
Ключевые слова / Keywords:
administrative law, educational process, establishment, collective nature, governing body, structure, training, legislation.
PARYAGINA O.A. Paryagina O.A. – candidate of legal sciences, associate professor
The professional training of Russian disabled persons: the law and the practice
Страницы / Pages: 21-30
Аннотация / Annotation:
The article deals with bases of law regulation of professional training of disabled persons in Russia at the context of international law standards of their status. The author investigates some problems of ensuring of the right of Russian disabled persons on professional training, existing at the practice of bodies of employment service of population and employers. On the base of foreign experience some measures are substantiated for improvement of law regulation of on-the-job training of disabled persons in Russia, stimulation of employers to its creation.
Ключевые слова / Keywords:
professional training, disabled persons, bodies of employment service of population, an employer, training contract.
MODERN EDUCATIONАннотация / Annotation:
The article deals with bases of law regulation of professional training of disabled persons in Russia at the context of international law standards of their status. The author investigates some problems of ensuring of the right of Russian disabled persons on professional training, existing at the practice of bodies of employment service of population and employers. On the base of foreign experience some measures are substantiated for improvement of law regulation of on-the-job training of disabled persons in Russia, stimulation of employers to its creation.
Ключевые слова / Keywords:
professional training, disabled persons, bodies of employment service of population, an employer, training contract.
SHEVTSOVA S.V. Shevtsova S.V. – candidate of pedagogical sciences
Modeling responsible behavior of students in the educational process of military high school
Страницы / Pages: 31-39
Аннотация / Annotation:
The article discusses the direction, functions, modeling of behavior in psychology, pedagogy. The author describes the use of modeling responsible behavior in higher military educational institutions. Identifies the characteristics in the application of visualization and simulation as methods of scientific knowledge in the educational process.
Ключевые слова / Keywords:
modeling, responsible behavior, model, cadet, military college.
Аннотация / Annotation:
The article discusses the direction, functions, modeling of behavior in psychology, pedagogy. The author describes the use of modeling responsible behavior in higher military educational institutions. Identifies the characteristics in the application of visualization and simulation as methods of scientific knowledge in the educational process.
Ключевые слова / Keywords:
modeling, responsible behavior, model, cadet, military college.
RUDNEVA N.V. Rudneva N.V. – the senior lecturer
COMPUTER PRESENTATION AS AN ELEMENT RESEARCH IN THE FORMATION OF LEGAL CULTURE OF UNIVERSITY STUDENTS
Страницы / Pages: 40-44
Аннотация / Annotation:
The article considers the computer as part of the presentation of research work in the formation of the legal culture of the students of the university, as an example of scientific topics about the problems of spiritual and moral education of youth.
Ключевые слова / Keywords:
computer presentation, legal culture, information, morality, students.
Аннотация / Annotation:
The article considers the computer as part of the presentation of research work in the formation of the legal culture of the students of the university, as an example of scientific topics about the problems of spiritual and moral education of youth.
Ключевые слова / Keywords:
computer presentation, legal culture, information, morality, students.
KLOCHKOVA A.V. Klochkova A.V. – doctor of sociology
Formation of moral and legal priorities of youth.
Страницы / Pages: 45-51
Аннотация / Annotation:
The article deals with the conditions and prerequisites of the negative changes of youth’s moral and law priorities (as an example – students of Moscow State University). The focus is the increasing of the educational role of school in the revival of morality in the age of technological efficiency effects, (including negative effects) on public consciousness, especially consciousness of adolescents and young adults .
Ключевые слова / Keywords:
moral foundations, legal priorities, moral barriers, aggressive environment, verbal readiness to the violation of moral principles, illegal ways to achieve personal goals, moral immunity, socialization.
JURIDICAL EDUCATIONАннотация / Annotation:
The article deals with the conditions and prerequisites of the negative changes of youth’s moral and law priorities (as an example – students of Moscow State University). The focus is the increasing of the educational role of school in the revival of morality in the age of technological efficiency effects, (including negative effects) on public consciousness, especially consciousness of adolescents and young adults .
Ключевые слова / Keywords:
moral foundations, legal priorities, moral barriers, aggressive environment, verbal readiness to the violation of moral principles, illegal ways to achieve personal goals, moral immunity, socialization.
AKHMETOV A.S. Akhmetov A.S. – Ph.D, associate professor
Some questions of legal education in the process of formation of legal culture of lawyers
Страницы / Pages: 52-61
Аннотация / Annotation:
In the article the author of a study of legal education and its role in the formation of the legal culture of the Kazakh society. Much attention is paid to the essence and nature of legal education, his features. The author highlights issues concerning ways to improve the system of legal education in a holistic pedagogical process, based on the competence approach. In addition, the paper analyzes the main problems of legal education and the ways of their solution, as well as issues of quality of training of graduates of law schools. Scientific work is based on the national and international research, covering the issues of legal education and the ways of its improvement.
Ключевые слова / Keywords:
legal education, legal culture, legal ideology, culture, democratic state, civil society, state, society, legal consciousness, democratic state and its values.
Аннотация / Annotation:
In the article the author of a study of legal education and its role in the formation of the legal culture of the Kazakh society. Much attention is paid to the essence and nature of legal education, his features. The author highlights issues concerning ways to improve the system of legal education in a holistic pedagogical process, based on the competence approach. In addition, the paper analyzes the main problems of legal education and the ways of their solution, as well as issues of quality of training of graduates of law schools. Scientific work is based on the national and international research, covering the issues of legal education and the ways of its improvement.
Ключевые слова / Keywords:
legal education, legal culture, legal ideology, culture, democratic state, civil society, state, society, legal consciousness, democratic state and its values.
MIRONOVA S.M. Mironova S.M. – PhD in Law, Associate Professor
The use of literature in the study of law
Страницы / Pages: 62-70
Аннотация / Annotation:
The article investigates the relationship of law and literature. Studied methods of activization of informative activity of law students through the use of literature, attention is paid to training of instructional techniques using works of fiction, provides examples of using this method of learning in the educational process in the study of law.
Ключевые слова / Keywords:
branch of law, methods of teaching, literature, active and interactive forms of employment.
Аннотация / Annotation:
The article investigates the relationship of law and literature. Studied methods of activization of informative activity of law students through the use of literature, attention is paid to training of instructional techniques using works of fiction, provides examples of using this method of learning in the educational process in the study of law.
Ключевые слова / Keywords:
branch of law, methods of teaching, literature, active and interactive forms of employment.
BORISOVA O.V. Borisova O.V. – PhD, associate professor
What the law students read
Страницы / Pages: 71-83
Аннотация / Annotation:
The article is devoted to the study of the reading of law students in Ivanovo State University. Based on empirical research data the author analyzes peculiarities of students’ reading and picks out positives and negatives tendencies. The lawyers’ qualities and their circle of reading are tied.
Ключевые слова / Keywords:
law faculty, students, reading, literature, books.
HOT TOPICАннотация / Annotation:
The article is devoted to the study of the reading of law students in Ivanovo State University. Based on empirical research data the author analyzes peculiarities of students’ reading and picks out positives and negatives tendencies. The lawyers’ qualities and their circle of reading are tied.
Ключевые слова / Keywords:
law faculty, students, reading, literature, books.
NOVIKOV A.V. Novikov A.V. – doctor of sociological Sciences, Professor
OBORSKIY A.YU. Oborskiy A.Yu. – candidate of philosophical Sciences, associate Professorof
Some methodological approaches to the assessment of fair compensation for «cost of living» in connection with the death of a man in emergencies
Страницы / Pages: 84-88
Аннотация / Annotation:
The article reveals the relevance of the study and methodological approaches to the assessment of fair compensation for «cost of living» in connection with the death of a man in emergencies. Examines the factors influencing the evaluation of the value of human life, offers a variety, including interdisciplinary approaches to its assessment.
Ключевые слова / Keywords:
quality of life population, human capital, «cost of living», the methodology of evaluation of the consideration «value of life».
Аннотация / Annotation:
The article reveals the relevance of the study and methodological approaches to the assessment of fair compensation for «cost of living» in connection with the death of a man in emergencies. Examines the factors influencing the evaluation of the value of human life, offers a variety, including interdisciplinary approaches to its assessment.
Ключевые слова / Keywords:
quality of life population, human capital, «cost of living», the methodology of evaluation of the consideration «value of life».
IVANOV S.A. Ivanov S.A. – candidate of legal Sciences, associate Professor
The cognitive capabilities of historical methods in theoretical-legal research
Страницы / Pages: 89-95
Аннотация / Annotation:
The correct application of historical methods in the theoretical framework of the study can help the researcher in obtaining a priori knowledge about the state-legal phenomena, the development of additional argumentation to prove the accuracy of advanced theoretical and legal provisions and substantiation of the considered patterns.
Ключевые слова / Keywords:
the subject of the science of the theory of law and state, the principle of historicism, the comparative historical method, the historical-genetic method, synchronous and diachronic analysis, historical-typological method.
Аннотация / Annotation:
The correct application of historical methods in the theoretical framework of the study can help the researcher in obtaining a priori knowledge about the state-legal phenomena, the development of additional argumentation to prove the accuracy of advanced theoretical and legal provisions and substantiation of the considered patterns.
Ключевые слова / Keywords:
the subject of the science of the theory of law and state, the principle of historicism, the comparative historical method, the historical-genetic method, synchronous and diachronic analysis, historical-typological method.
KRASINSKY V.V. Krasinsky V.V. – PhD in law
Conceptual substantiation of the state sovereignty protection
Страницы / Pages: 96-103
Аннотация / Annotation:
The article analyses the conceptual approaches to the consideration of state sovereignty (national sovereignty) and justifies the necessity for its protection.
Ключевые слова / Keywords:
state sovereignty (national sovereignty), state sovereignty protection, threats to state sovereignty, mechanisms of weakening and undermining state sovereignty, «colour revolutions», «humanitarian» intervention.
Аннотация / Annotation:
The article analyses the conceptual approaches to the consideration of state sovereignty (national sovereignty) and justifies the necessity for its protection.
Ключевые слова / Keywords:
state sovereignty (national sovereignty), state sovereignty protection, threats to state sovereignty, mechanisms of weakening and undermining state sovereignty, «colour revolutions», «humanitarian» intervention.
PROSANDEEVA N.V. Prosandeeva N.V. – doctor of philosophical Sciences, docent
The national security strategy of the USA in 2015 as a global challenge
Страницы / Pages: 104-110
Аннотация / Annotation:
The author analyzes the national security Strategy of the USA and concludes that the conviction of the American political class in enduring global leadership. The main tools of leadership are not so much military and economic superiority, how much intellectual superiority: the world’s best education system, attracting talented people from all over the world, funding for basic and applied science. America focuses on global governance and absolute intellectual superiority. The only way to counter American dominance, according to the author, to develop the national education system, national-oriented capitalism, but also to create conditions for greater social equality and justice.
Ключевые слова / Keywords:
national security strategy, global leadership, values, education system, funding for basic and applied science, national-oriented capitalism, global Empire, colony.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The author analyzes the national security Strategy of the USA and concludes that the conviction of the American political class in enduring global leadership. The main tools of leadership are not so much military and economic superiority, how much intellectual superiority: the world’s best education system, attracting talented people from all over the world, funding for basic and applied science. America focuses on global governance and absolute intellectual superiority. The only way to counter American dominance, according to the author, to develop the national education system, national-oriented capitalism, but also to create conditions for greater social equality and justice.
Ключевые слова / Keywords:
national security strategy, global leadership, values, education system, funding for basic and applied science, national-oriented capitalism, global Empire, colony.
PANCHENKO V.YU. Panchenko V.Yu. – Ph.D., Associate Professor
MIKHALEVA A.YE.
Mikhaleva A.Ye.
–
MECHANISMS OF ENFORCEMENT OF THE RIGHT TO LEGAL ASSISTANCE: COMPARATIVE LAW ASPECT
Страницы / Pages: 111-122
Аннотация / Annotation:
The article describes the instruments that are used in foreign countries for raising the financial accessibility of legal assistance and judicial protection of violated citizens` and legal entities` rights. The authors analyze general principles of the functioning of legal expenses insurance, litigation funding and conditional fee systems, their types and models as well. Moreover, the key features of each institution are outlined. The authors conclude that the combination of all mentioned mechanisms has the strongest positive effect, which determines the necessity of their borrowing and adapting to the conditions of the domestic legal life.
Ключевые слова / Keywords:
provision of rights; legal expenses insurance; litigation funding; conditional fee; legal policy; legal life.
Аннотация / Annotation:
The article describes the instruments that are used in foreign countries for raising the financial accessibility of legal assistance and judicial protection of violated citizens` and legal entities` rights. The authors analyze general principles of the functioning of legal expenses insurance, litigation funding and conditional fee systems, their types and models as well. Moreover, the key features of each institution are outlined. The authors conclude that the combination of all mentioned mechanisms has the strongest positive effect, which determines the necessity of their borrowing and adapting to the conditions of the domestic legal life.
Ключевые слова / Keywords:
provision of rights; legal expenses insurance; litigation funding; conditional fee; legal policy; legal life.
SCRIPCHENCO N.U. Scripchenco N.U. – doctor of jurisprudence, associate professor
MASHINSKAYA N.V. Mashinskaya N.V. – PhD in law, associate professor
Pre-sales supportminorsbreak the law (experienceArkhangelsk region)
Страницы / Pages: 123-129
Аннотация / Annotation:
Sophisticated criminal situation with juvenile delinquency in the Arkhangelsk region has prompted practitioners to find new ways to counteract. The basis for the acquisition of new knowledge in the field of prevention of juvenile delinquency was the phased introduction of social support for the pre-trial juvenile in conflict with the law. Based on the survey of investigators, investigators, judges and social workers involved in the experiment, the analysis of materials of criminal cases involving minors conclusions about the positive results of the experiment revealed the difficulties and challenges faced by law enforcers.
Ключевые слова / Keywords:
minor, offense, pre-trial support, journal and social support, measures under criminal law.
Аннотация / Annotation:
Sophisticated criminal situation with juvenile delinquency in the Arkhangelsk region has prompted practitioners to find new ways to counteract. The basis for the acquisition of new knowledge in the field of prevention of juvenile delinquency was the phased introduction of social support for the pre-trial juvenile in conflict with the law. Based on the survey of investigators, investigators, judges and social workers involved in the experiment, the analysis of materials of criminal cases involving minors conclusions about the positive results of the experiment revealed the difficulties and challenges faced by law enforcers.
Ключевые слова / Keywords:
minor, offense, pre-trial support, journal and social support, measures under criminal law.
IVANOVA G.A. Ivanova G.A. – the candidate of pedagogical Sciences
Simulation Case Study THE STUDY rhetorical possible reception Sacralization and profanation (based on the concept of «St.Petersburg»)
Страницы / Pages: 130-138
Аннотация / Annotation:
The article presents materials for cases (situational tasks) in the study of rhetorical techniques opportunities sacralisation profanity and communication events based on the analysis of precedent phenomena of contemporary St. Petersburg socio-cultural discourse, containing the definition of «St. Petersburg», «Leningrad», «St. Petersburg». The choice of material is due to the fact that the appeal to this precedent phenomena associated with resonant events in political, social and cultural life of the country (state) leaves traces in everyday language consciousness of nations and forming the cultural myths. Receptions sacralization and profanity have a special suggestive role in the political rhetoric.
Ключевые слова / Keywords:
case-technology, «Petersburg text», socio-cultural discourse, myth, profane, sacred, precedent phenomena.
Аннотация / Annotation:
The article presents materials for cases (situational tasks) in the study of rhetorical techniques opportunities sacralisation profanity and communication events based on the analysis of precedent phenomena of contemporary St. Petersburg socio-cultural discourse, containing the definition of «St. Petersburg», «Leningrad», «St. Petersburg». The choice of material is due to the fact that the appeal to this precedent phenomena associated with resonant events in political, social and cultural life of the country (state) leaves traces in everyday language consciousness of nations and forming the cultural myths. Receptions sacralization and profanity have a special suggestive role in the political rhetoric.
Ключевые слова / Keywords:
case-technology, «Petersburg text», socio-cultural discourse, myth, profane, sacred, precedent phenomena.
MIKHAILOV V.I. Mikhailov V.I. – candidate of sociological sciences, associate professor
Training and Attitude Development as Important Elements for Working with the Internal Affairs Bodies Staff
Страницы / Pages: 139-145
Аннотация / Annotation:
The article is devoted to the problems of staffing the Internal Affairs bodies under the conditions of their further reforming. It discusses the essential elements of the personnel training and attitude development system, as well as the manager’s task in organizing attitude development of the subordinates.
Ключевые слова / Keywords:
system of personnel development, selection of candidates for training, model of a specialist, attitude development.
PAGES OF HISTORYАннотация / Annotation:
The article is devoted to the problems of staffing the Internal Affairs bodies under the conditions of their further reforming. It discusses the essential elements of the personnel training and attitude development system, as well as the manager’s task in organizing attitude development of the subordinates.
Ключевые слова / Keywords:
system of personnel development, selection of candidates for training, model of a specialist, attitude development.
KODINTSEV A.Y. Kodintsev A.Y. – Doctor of Law, Professor
Higher Soviet legal education in the postwar years, from the everyday to the campaign.
Страницы / Pages: 146-159
Аннотация / Annotation:
The article discusses the campaign for the expansion of higher legal education in the Soviet Union in the postwar years. Poor management of legal universities commissariats of justice has led to the abandonment of the departmental system of higher legal education. Higher legal education institutions were subordinated to the Ministry of Higher Education. For a short period it was possible to achieve a sharp increase in the number of students – lawyers.
Ключевые слова / Keywords:
higher legal education, legal institutions, governance institutions, the military and Law Academy, an educational campaign, anti-semitism.
Аннотация / Annotation:
The article discusses the campaign for the expansion of higher legal education in the Soviet Union in the postwar years. Poor management of legal universities commissariats of justice has led to the abandonment of the departmental system of higher legal education. Higher legal education institutions were subordinated to the Ministry of Higher Education. For a short period it was possible to achieve a sharp increase in the number of students – lawyers.
Ключевые слова / Keywords:
higher legal education, legal institutions, governance institutions, the military and Law Academy, an educational campaign, anti-semitism.
FUMM А.М. Fumm А.М. – candidate of legal sciences, associate professor
SOME QUESTIONS OF EDUCATION IN PRISON LABOR WESTERN EUROPE AND RUSSIA IN XIX CENTURY
Страницы / Pages: 160-167
Аннотация / Annotation:
Based on the analysis of legal, archival and other sources are considered some issues of labor education in the prisons of Western Europe and Russia of the XIX century.
Ключевые слова / Keywords:
Аннотация / Annotation:
Based on the analysis of legal, archival and other sources are considered some issues of labor education in the prisons of Western Europe and Russia of the XIX century.
Ключевые слова / Keywords:
SEDOV G.G.
Sedov G.G.
–
Тraining of military drivers in theАutomotive training company
Страницы / Pages: 168-173
Аннотация / Annotation:
The article is reviewed the training of the military drivers in the first academic automotive division of the Russian army – Аutomotive training company.
Ключевые слова / Keywords:
military driver; military education; Russian army; the automobile parts; automotive training; automotive training company.
REVIEWSАннотация / Annotation:
The article is reviewed the training of the military drivers in the first academic automotive division of the Russian army – Аutomotive training company.
Ключевые слова / Keywords:
military driver; military education; Russian army; the automobile parts; automotive training; automotive training company.
LAPINA M.A. Lapina M.A. – doctor of science (Law), State Professor
A child in the prenatal stage of development as a subject with a certain personality
Страницы / Pages: 174-179
Аннотация / Annotation:
This article is a review of basic scientific research, which focuses on the study of legal bases of the legal recognition of the value of life, human dignity and the right to life of the child who is at the prenatal stage of life.
Ключевые слова / Keywords:
dignity of the individual, constitutional rights and freedoms of the individual, embryo, child on prenatal stage of life, child in the womb.
Аннотация / Annotation:
This article is a review of basic scientific research, which focuses on the study of legal bases of the legal recognition of the value of life, human dignity and the right to life of the child who is at the prenatal stage of life.
Ключевые слова / Keywords:
dignity of the individual, constitutional rights and freedoms of the individual, embryo, child on prenatal stage of life, child in the womb.