Право и образование
№ 12 • 2016
EDUCATIONAL LAW
DASCHINSKAYA Z.P. Daschinskaya Z.P. – PhD in Law
Creation of conditions for realization of the right to a general education
Страницы / Pages: 4-14
Аннотация / Annotation:
Article addresses the general issues of the everyone’s right to accessible and free general education, which is provided by creating relevant socio-economic conditions for expanding the ability to get education throughout life.
Ключевые слова / Keywords:
general education; preschool education; primary general education; basic general education; secondary education; levels of education; federal state educational standards; education system; federal authorities; constituent territories of the Russian Federation; local governments; the powers of the federal authorities; the powers of constituent territories of the Russian Federation; the powers of local governments.
Аннотация / Annotation:
Article addresses the general issues of the everyone’s right to accessible and free general education, which is provided by creating relevant socio-economic conditions for expanding the ability to get education throughout life.
Ключевые слова / Keywords:
general education; preschool education; primary general education; basic general education; secondary education; levels of education; federal state educational standards; education system; federal authorities; constituent territories of the Russian Federation; local governments; the powers of the federal authorities; the powers of constituent territories of the Russian Federation; the powers of local governments.
SELIVERSTOVA O.I. Seliverstova O.I. – PhD in Law
Topical issues of legal regulation of admission to educational institutions.
Страницы / Pages: 15-23
Аннотация / Annotation:
The article is devoted to the analyze of legal regulations of admission to educational institutions in terms of consistency and adequacy. Particular attention is paid to the interpretation of the principle of territorial admission to educational institutions, advantages (benefits) guaranteed during enrollment in educational institutions, characteristics of the relationship with the educational organization in family education. The author suggests ways of solving the legal problems.
Ключевые слова / Keywords:
right to education; general education; accessibility of education; educational institutions; admission to education; territorial principle of admission to educational institutions; priority admission to educational institutions; admission benefits; family education.
Аннотация / Annotation:
The article is devoted to the analyze of legal regulations of admission to educational institutions in terms of consistency and adequacy. Particular attention is paid to the interpretation of the principle of territorial admission to educational institutions, advantages (benefits) guaranteed during enrollment in educational institutions, characteristics of the relationship with the educational organization in family education. The author suggests ways of solving the legal problems.
Ключевые слова / Keywords:
right to education; general education; accessibility of education; educational institutions; admission to education; territorial principle of admission to educational institutions; priority admission to educational institutions; admission benefits; family education.
SAPOGOV V.M. Sapogov V.M. – PhD, Associate Professor
Social and legal development, education and training in the right of minor offenders in institutions of the closed type
Страницы / Pages: 24-30
Аннотация / Annotation:
Social and legal development of minors in the conditions of isolation from society has the features connected with existence of deformations of their legal consciousness. In article the causes of a distortion of legal representations, reference points and installations of this category of children are considered, the directions of the organization of legal training and education of minors in the conditions of isolation from society, ways of increase in efficiency of right educational activity in institutions of the closed type by means of technology of design training are offered.
Ключевые слова / Keywords:
legal education, minor offenders, design technology, establishments of the closed type.
SCIENCE AND EDUCATIONАннотация / Annotation:
Social and legal development of minors in the conditions of isolation from society has the features connected with existence of deformations of their legal consciousness. In article the causes of a distortion of legal representations, reference points and installations of this category of children are considered, the directions of the organization of legal training and education of minors in the conditions of isolation from society, ways of increase in efficiency of right educational activity in institutions of the closed type by means of technology of design training are offered.
Ключевые слова / Keywords:
legal education, minor offenders, design technology, establishments of the closed type.
ALEKSANDROVA O.A. Aleksandrova O.A. – Doctor of Science, Economics
YARASHEVA A.V. Yarasheva A.V. – Doctor of Science, Economics; Professor
BURDASTOVA Y.V. Burdastova Y.V. – Ph.D. in Economics
Actual problems of formation of research organizations’ personnel potential
Страницы / Pages: 31-41
Аннотация / Annotation:
The problems of workforce capacity of the Russian science, continuity of formed scientific schools while it came to the point of the need to reform the system of reproduction of scientific labor are widely discussed by the scientific community. In the article the authors present the results of workforce capacity of Russian scientific organizations research, performed by the Institute of Social and Economic Studies of Population in 2015. The use of such tools of qualitative research method as expert interviews and expert session, made it possible to draw conclusions concerning the problem areas in the age structure of the personnel, the availability of personnel reserve and possibilities of its formation, as well as the professional competence of heads of scientific organizations.
Ключевые слова / Keywords:
reform of RAS, workforce capacity, personnel reserve, research organization.
Аннотация / Annotation:
The problems of workforce capacity of the Russian science, continuity of formed scientific schools while it came to the point of the need to reform the system of reproduction of scientific labor are widely discussed by the scientific community. In the article the authors present the results of workforce capacity of Russian scientific organizations research, performed by the Institute of Social and Economic Studies of Population in 2015. The use of such tools of qualitative research method as expert interviews and expert session, made it possible to draw conclusions concerning the problem areas in the age structure of the personnel, the availability of personnel reserve and possibilities of its formation, as well as the professional competence of heads of scientific organizations.
Ключевые слова / Keywords:
reform of RAS, workforce capacity, personnel reserve, research organization.
GRUVER N.
Gruver N.
–
Improvement of social-pedagogical bases of student voluntary activity in educational organizations of higher education in Russia
Страницы / Pages: 42-49
Аннотация / Annotation:
The article deals with the question of improving socio-pedagogical foundations of voluntary activity among students in educational organizations of higher education in Russia as part of the process of forming future specialists in support and development of students initiatives address pressing social problems of modern society.
Ключевые слова / Keywords:
volunteering, volunteerism, volunteerism, social-pedagogical framework; voluntary activity.
Аннотация / Annotation:
The article deals with the question of improving socio-pedagogical foundations of voluntary activity among students in educational organizations of higher education in Russia as part of the process of forming future specialists in support and development of students initiatives address pressing social problems of modern society.
Ключевые слова / Keywords:
volunteering, volunteerism, volunteerism, social-pedagogical framework; voluntary activity.
SHUBINA I.V. Shubina I.V. – candidate of pedagogical sciences, associate professor
Features of formation of professional competence in the educational environment of the university
Страницы / Pages: 50-59
Аннотация / Annotation:
The article, based on the analysis of approaches to understanding the definitions of competence, competency, describes the main conditions and features of formation of professional competence of a future specialist in the educational environment of the University.
Ключевые слова / Keywords:
competence, competency, professional competence, competency model of a specialist.
SCIENTIFIC REPORTАннотация / Annotation:
The article, based on the analysis of approaches to understanding the definitions of competence, competency, describes the main conditions and features of formation of professional competence of a future specialist in the educational environment of the University.
Ключевые слова / Keywords:
competence, competency, professional competence, competency model of a specialist.
SAVENKOV A.N. Savenkov A.N. – doctor of law, professor
To the question of the concept of criminal policy
Страницы / Pages: 60-69
Аннотация / Annotation:
In the article the questions of the formation and implementation of state policy in the field of criminal law protection of public relations. The analysis of the history of the doctrine of criminal law in relation to the concept of criminal policy, and legal and theoretical foundations of the Russian criminal science. The problems of modern criminal-legal regulation in the context of implementing the functions of public authorities to combat crime.
Ключевые слова / Keywords:
criminal policy concept, a special procedure for criminal justice, combating crime, legal information, legal, legal expansion, jury, criminal policy, criminal law, criminal defense, criminal-legal regulation, criminal penalties.
Аннотация / Annotation:
In the article the questions of the formation and implementation of state policy in the field of criminal law protection of public relations. The analysis of the history of the doctrine of criminal law in relation to the concept of criminal policy, and legal and theoretical foundations of the Russian criminal science. The problems of modern criminal-legal regulation in the context of implementing the functions of public authorities to combat crime.
Ключевые слова / Keywords:
criminal policy concept, a special procedure for criminal justice, combating crime, legal information, legal, legal expansion, jury, criminal policy, criminal law, criminal defense, criminal-legal regulation, criminal penalties.
KUKSIN I.N. Kuksin I.N. – doctor of legal Sciences, Professor
SECO L.YU.
Seco L.Yu.
–
Institute of the business ombudsman in the system of guarantees of the right to freedom of entrepreneurial activity
Страницы / Pages: 70-74
Аннотация / Annotation:
The article deals with the process of the institute of business ombudsman in the Russian Federation in the establishment of the system of guarantees of the right to freedom of entrepreneurial activity, given the concept of constitutional guarantees. We analyze the list of the main tasks of the Business Rights Commissioner (business ombudsman), as a result, proposed a number of changes in legislation to extend its powers. It is also noted that the role of the Business Rights Commissioner in the institutional safeguards system is of great importance in the implementation process, as well as the protection of freedom of entrepreneurship and related rights. The relevance of the topic is no doubt, because this institution is one of the newest mechanisms of public control over compliance with the State’s obligations in the sphere of rights and freedoms of entrepreneurs.
Ключевые слова / Keywords:
the Constitution; constitutional rights; freedom of entrepreneurial activity; institutional guarantees; Business Rights Commissioner.
Аннотация / Annotation:
The article deals with the process of the institute of business ombudsman in the Russian Federation in the establishment of the system of guarantees of the right to freedom of entrepreneurial activity, given the concept of constitutional guarantees. We analyze the list of the main tasks of the Business Rights Commissioner (business ombudsman), as a result, proposed a number of changes in legislation to extend its powers. It is also noted that the role of the Business Rights Commissioner in the institutional safeguards system is of great importance in the implementation process, as well as the protection of freedom of entrepreneurship and related rights. The relevance of the topic is no doubt, because this institution is one of the newest mechanisms of public control over compliance with the State’s obligations in the sphere of rights and freedoms of entrepreneurs.
Ключевые слова / Keywords:
the Constitution; constitutional rights; freedom of entrepreneurial activity; institutional guarantees; Business Rights Commissioner.
DEGTEV G.V. Degtev G.V. – doctor of law
German procurement management experience in formation of the national contract system
Страницы / Pages: 75-81
Аннотация / Annotation:
The article reviews the main management approaches to procurement in Germany, some aspects may be useful in the formation of national contract system in the procurement of goods, operations and services for state and municipal needs.
Ключевые слова / Keywords:
procurement, German experience, openness, transparency, productivity.
Аннотация / Annotation:
The article reviews the main management approaches to procurement in Germany, some aspects may be useful in the formation of national contract system in the procurement of goods, operations and services for state and municipal needs.
Ключевые слова / Keywords:
procurement, German experience, openness, transparency, productivity.
PONKIN I.V. Ponkin I.V. – doctor of science (Law)
Concept of the preemptive war
Страницы / Pages: 82-90
Аннотация / Annotation:
The article investigates the concept of the preemptive war, conditions and consequences of realization of this concept.
Ключевые слова / Keywords:
preemption, prevention, preemptive war, war, Coup d’état, aggression, governance, sovereignty, theory of deviations in public administration.
Аннотация / Annotation:
The article investigates the concept of the preemptive war, conditions and consequences of realization of this concept.
Ключевые слова / Keywords:
preemption, prevention, preemptive war, war, Coup d’état, aggression, governance, sovereignty, theory of deviations in public administration.
PROTASOV V.D. Protasov V.D. – doctor of economic Sciences, associate Professor
PROTAS E.V. Protas E.V. – doctor of pedagogical Sciences, Professor
«E-justice» as an innovative global trend
Страницы / Pages: 91-95
Аннотация / Annotation:
The article analyzes international and Russian experience of introduction and interpretation of the concept «electronic justice».
Ключевые слова / Keywords:
e-justice; IT in federal courts.
HOT TOPICАннотация / Annotation:
The article analyzes international and Russian experience of introduction and interpretation of the concept «electronic justice».
Ключевые слова / Keywords:
e-justice; IT in federal courts.
ZELENOV YU.N. Zelenov Yu.N. – doctor of pedagogical Sciences
BABUSHKIN A.A. Babushkin A.A. – PhD
Features of implementation by law-enforcement bodies of the operational search prevention of crimes in the light of new calls and threats of national security of the Russian Federation
Страницы / Pages: 96-103
Аннотация / Annotation:
Article is devoted to topical issues of implementation of operational search activities of law-enforcement bodies for crime prevention in the context of a modern criminogenic situation in the country taking into account influence on the last of various factors, both internal, and external. Special attention is paid to questions of counteraction to various destructive forces, the extremist and terrorist organizations operating for the purpose of causing damage of a homeland security of the Russian Federation.
Ключевые слова / Keywords:
law-enforcement bodies, operational search prevention, national security, general criminal crime, extremism and terrorism, destructive forces.
Аннотация / Annotation:
Article is devoted to topical issues of implementation of operational search activities of law-enforcement bodies for crime prevention in the context of a modern criminogenic situation in the country taking into account influence on the last of various factors, both internal, and external. Special attention is paid to questions of counteraction to various destructive forces, the extremist and terrorist organizations operating for the purpose of causing damage of a homeland security of the Russian Federation.
Ключевые слова / Keywords:
law-enforcement bodies, operational search prevention, national security, general criminal crime, extremism and terrorism, destructive forces.
ZHILTSOV N.A. Zhiltsov N.A. – candidate of legal sciences, Professor
DZHANAZYAN V.H.
Dzhanazyan V.H.
–
Opposition to the ideology of terror in the face of information technology modernization
Страницы / Pages: 104-109
Аннотация / Annotation:
The article talks about the activities of the society and the State to counter the ideology of terror between modern information technology modernization.
Ключевые слова / Keywords:
information and communication modernization, information technology, ideological work, counter-propaganda terrorism, Internet communication, anti-terrorist ideology, the ideology of national security.
Аннотация / Annotation:
The article talks about the activities of the society and the State to counter the ideology of terror between modern information technology modernization.
Ключевые слова / Keywords:
information and communication modernization, information technology, ideological work, counter-propaganda terrorism, Internet communication, anti-terrorist ideology, the ideology of national security.
REDKINA A.I. Redkina A.I. – PhD (Law)
The concept of autonomy in the law: features, functions and problems of application
Страницы / Pages: 110-117
Аннотация / Annotation:
The article is devoted to the definition, nature, value and type of autonomy in the law. The article investigates the paradoxes and problems of autonomy concept, the limits of autonomy, the functions of autonomy.
Ключевые слова / Keywords:
autonomy, autonomous, autonomy in law, theory of law, order, Autonomous order, limits of autonomy.
Аннотация / Annotation:
The article is devoted to the definition, nature, value and type of autonomy in the law. The article investigates the paradoxes and problems of autonomy concept, the limits of autonomy, the functions of autonomy.
Ключевые слова / Keywords:
autonomy, autonomous, autonomy in law, theory of law, order, Autonomous order, limits of autonomy.
ZAMAY V.V. Zamay V.V. – of Philosophy
Legislation on culture: yesterday, today and tomorrow. Legal regulation of inter-cultural communication
Страницы / Pages: 118-125
Аннотация / Annotation:
This article analyzes the current state of the Russian legislation on culture. Identify the main trends of the modern legislative process in the area of culture, its strengths and weaknesses; considered foreign experience of legal regulation of inter-cultural communication. The article also offers certain legal measures, the adoption of which, in the author’s opinion, will contribute to the expansion and strengthening of intercultural cooperation and productively influence on the development of national and global contemporary cultural systems.
Ключевые слова / Keywords:
culture, cultural policy, legislation in the field of culture, the legislative process, intercultural communication, intercultural cooperation.
PAGES OF HISTORYАннотация / Annotation:
This article analyzes the current state of the Russian legislation on culture. Identify the main trends of the modern legislative process in the area of culture, its strengths and weaknesses; considered foreign experience of legal regulation of inter-cultural communication. The article also offers certain legal measures, the adoption of which, in the author’s opinion, will contribute to the expansion and strengthening of intercultural cooperation and productively influence on the development of national and global contemporary cultural systems.
Ключевые слова / Keywords:
culture, cultural policy, legislation in the field of culture, the legislative process, intercultural communication, intercultural cooperation.
ZAVRAZHIN A.V. Zavrazhin A.V. – doctor of historical sciences, professor
RUZANOV V.A.
Ruzanov V.A.
–
The question periods history and development of social and political movements of 1991–1999
Страницы / Pages: 126-133
Аннотация / Annotation:
The article reveals the peculiarities of the social and political movement in the Russian Federation 1991–1999 gg .; issues related to the interpretation of the concepts and definitions of the stages of the process in relation to the history of the Russian state and society of the first post-Soviet decade.
Ключевые слова / Keywords:
socio-political movement, the events of September and October 1993, the Russian electoral process, the RF State Duma, Federal Assembly RF.
Аннотация / Annotation:
The article reveals the peculiarities of the social and political movement in the Russian Federation 1991–1999 gg .; issues related to the interpretation of the concepts and definitions of the stages of the process in relation to the history of the Russian state and society of the first post-Soviet decade.
Ключевые слова / Keywords:
socio-political movement, the events of September and October 1993, the Russian electoral process, the RF State Duma, Federal Assembly RF.
KARPICHENKO A.V.
Karpichenko A.V.
–
The first written code of laws in Ancient Russia – «Russian Truth»
Страницы / Pages: 134-142
Аннотация / Annotation:
This article presents historical and legal material on the first legal document of Ancient Russia – «Russian Truth», which was at that time a fundamental written code of laws in Russia as well as main source of information about social, legal and economic relations on the territory of Ancient Russia. It also reveals the history of the origin and development of the «Russian Truth», its structure, content, and world-historical importance.
Ключевые слова / Keywords:
the first written legal document in Russia, «Russian Truth», a set of laws and regulations.
Аннотация / Annotation:
This article presents historical and legal material on the first legal document of Ancient Russia – «Russian Truth», which was at that time a fundamental written code of laws in Russia as well as main source of information about social, legal and economic relations on the territory of Ancient Russia. It also reveals the history of the origin and development of the «Russian Truth», its structure, content, and world-historical importance.
Ключевые слова / Keywords:
the first written legal document in Russia, «Russian Truth», a set of laws and regulations.
SAFRONOVA JU.A.
Safronova Ju.A.
–
The first Russian code of laws – sudebnik 1497
Страницы / Pages: 143-151
Аннотация / Annotation:
This article presents historical and legal material on the first Russian code of laws – Sudebnik 1497, which was called to centralize Russian law in conditions of formation of Russian centralized state, contribute to the national judicial system and legal proceedings. The article also reveals the history of the origin and development of Sudebnik 1497, its structure, content and historical significance.
Ключевые слова / Keywords:
centralization of Russian law, the Sudebnik 1497, the first Russian code of laws and regulations.
SCIENTIFIC DEBUTАннотация / Annotation:
This article presents historical and legal material on the first Russian code of laws – Sudebnik 1497, which was called to centralize Russian law in conditions of formation of Russian centralized state, contribute to the national judicial system and legal proceedings. The article also reveals the history of the origin and development of Sudebnik 1497, its structure, content and historical significance.
Ключевые слова / Keywords:
centralization of Russian law, the Sudebnik 1497, the first Russian code of laws and regulations.
GUSHINA E.M.
Gushina E.M.
–
Sense of justice as phenomenon of legal culture
Страницы / Pages: 152-158
Аннотация / Annotation:
The article deals with problems of legal culture and sense of justice. The author analyzes relations between these phenomenons.
Ключевые слова / Keywords:
sense of justice, legal culture, law.
Аннотация / Annotation:
The article deals with problems of legal culture and sense of justice. The author analyzes relations between these phenomenons.
Ключевые слова / Keywords:
sense of justice, legal culture, law.
SOLANCO P.B.
Solanco P.B.
–
Modern features of the court’s activities as the subject of the administrative and constitutional proceedings
Страницы / Pages: 159-165
Аннотация / Annotation:
The article is devoted to features the functioning of the court in the framework of modern administrative and constitutional proceedings. Determine what specific features of current law and legal life of modern society due to the emergence of such features, and it turns out, how they affect the promotion and protection of human rights as the supreme values of the legal state.
Ключевые слова / Keywords:
court, proceedings, human rights, administrative proceedings, constitutional proceedings.
Аннотация / Annotation:
The article is devoted to features the functioning of the court in the framework of modern administrative and constitutional proceedings. Determine what specific features of current law and legal life of modern society due to the emergence of such features, and it turns out, how they affect the promotion and protection of human rights as the supreme values of the legal state.
Ключевые слова / Keywords:
court, proceedings, human rights, administrative proceedings, constitutional proceedings.
V.V. BAGAN
V.V. Bagan
–
Some of the results of research of civil-legal analysis of law enforcement practice on the transfer to religious organizations of property of religious appointment
Страницы / Pages: 166-171
Аннотация / Annotation:
This article is devoted to the study of the problems of legal practice on the Federal Law of 30.11.2010 № 327-FZ (ed. from 06.23.2014) «On the transfer of property for religious purposes under state or municipal property to religious organizations». The article is based on the responses received from the public authorities of the Subjects of the Russian Federation – in response to requests aimed author of this article.
Ключевые слова / Keywords:
civil law, real estate objects for religious purposes, religious organization, ownership, property, transfer of property.
Аннотация / Annotation:
This article is devoted to the study of the problems of legal practice on the Federal Law of 30.11.2010 № 327-FZ (ed. from 06.23.2014) «On the transfer of property for religious purposes under state or municipal property to religious organizations». The article is based on the responses received from the public authorities of the Subjects of the Russian Federation – in response to requests aimed author of this article.
Ключевые слова / Keywords:
civil law, real estate objects for religious purposes, religious organization, ownership, property, transfer of property.
DIDENKO O.E.
Didenko O.E.
–
Topical issues of improvement of criminal legislation in the sphere of illegal drug trafficking
Страницы / Pages: 172-177
Аннотация / Annotation:
The article considers some problematic issues of combating illegal drug trafficking. Special attention is paid to new article 234.1 added to the Criminal Code of the Russian Federation in 2015. The emphasis is placed on the blank in the criminal legislation in the sphere of struggle with addiction through drug treatment, rehabilitation and resocialization. A comparative analysis of state anti-drug policy of the Russian Federation experience of foreign countries.
Ключевые слова / Keywords:
addiction; drug crime; illegal trafficking in narcotic drugs and psychotropic substances; criminal legislation; the state anti-drug policy.
Аннотация / Annotation:
The article considers some problematic issues of combating illegal drug trafficking. Special attention is paid to new article 234.1 added to the Criminal Code of the Russian Federation in 2015. The emphasis is placed on the blank in the criminal legislation in the sphere of struggle with addiction through drug treatment, rehabilitation and resocialization. A comparative analysis of state anti-drug policy of the Russian Federation experience of foreign countries.
Ключевые слова / Keywords:
addiction; drug crime; illegal trafficking in narcotic drugs and psychotropic substances; criminal legislation; the state anti-drug policy.