Право и образование
№ 12 • 2017
A THEORY OF LAW
ROZHNOV S.N. Rozhnov S.N. – doctor of legal sciences, Professor
NALIVAIKO V.I. Nalivaiko V.I. – candidate of philosophical Sciences
The theory of the rule of law in the ideas of pre-revolutionary russian liberalism
Страницы / Pages: 4-11
Аннотация / Annotation:
Political and legal views of Russian liberals regarding the reorganization of the State receive their registration at the beginning of the 19th century. Century its development these attitudes are transformed into theories regarding the rule of law, which have broad support from the lawyers of Russia.
Ключевые слова / Keywords:
natural law, the rule of law, civil society, civil liberties, liberalism.
Аннотация / Annotation:
Political and legal views of Russian liberals regarding the reorganization of the State receive their registration at the beginning of the 19th century. Century its development these attitudes are transformed into theories regarding the rule of law, which have broad support from the lawyers of Russia.
Ключевые слова / Keywords:
natural law, the rule of law, civil society, civil liberties, liberalism.
ZHARIKOV YU.S. Zharikov Yu.S. – Candidate of Law, Associate Professor
The educational impact of criminal sanctions
Страницы / Pages: 12-17
Аннотация / Annotation:
The article deals with the educational effect of penal sanctions on the society. On the basis of the targeted use of sanctions, the author singles out certain sanctions functions of protective norms and suggests a new look at their content.
Ключевые слова / Keywords:
function, sanction, norm, criminal law, impact, upbringing, restoration, punishment, prevention, fine.
EDUCATIONAL LAWАннотация / Annotation:
The article deals with the educational effect of penal sanctions on the society. On the basis of the targeted use of sanctions, the author singles out certain sanctions functions of protective norms and suggests a new look at their content.
Ключевые слова / Keywords:
function, sanction, norm, criminal law, impact, upbringing, restoration, punishment, prevention, fine.
MATVEEV V.YU. Matveev V.Yu. – PhD in Law
Problems of differentiation of the network form of educational programs implementation and related concepts
Страницы / Pages: 18-29
Аннотация / Annotation:
The article is devoted to the consideration of issues of differentiation of the concepts «network form of educational programs implementation» and a number of related phenomena, including entering into the concept of «network interaction of educational organizations». The conditions under which such phenomena can be recognized as a network form for the implementation of educational programs are also examined.
Ключевые слова / Keywords:
network form of educational programs implementation, network interaction of educational organizations, assimilation of results, practice, rent, basic departments.
Аннотация / Annotation:
The article is devoted to the consideration of issues of differentiation of the concepts «network form of educational programs implementation» and a number of related phenomena, including entering into the concept of «network interaction of educational organizations». The conditions under which such phenomena can be recognized as a network form for the implementation of educational programs are also examined.
Ключевые слова / Keywords:
network form of educational programs implementation, network interaction of educational organizations, assimilation of results, practice, rent, basic departments.
KIRILLOVYH A.A. Kirillovyh A.A. – candidate of legal sciences
IVSHYN M.S. Ivshyn M.S. – candidate of economic sciences
Higher education in the era of globalization: development trends and regulatory issues
Страницы / Pages: 30-37
Аннотация / Annotation:
The article deals with the issues of development of domestic system of higher education under the conditions of globalization; shows the basic principles of the economic integration of States within the framework of the emergence of a global market of educational services, determined by vectors approximation of national legal systems in the regulation of the activities of educational institutions.
Ключевые слова / Keywords:
globalization, integration, law, economics, Government, politics.
Аннотация / Annotation:
The article deals with the issues of development of domestic system of higher education under the conditions of globalization; shows the basic principles of the economic integration of States within the framework of the emergence of a global market of educational services, determined by vectors approximation of national legal systems in the regulation of the activities of educational institutions.
Ключевые слова / Keywords:
globalization, integration, law, economics, Government, politics.
MATYUSHEVA T.N. Matyusheva T.N. – Doctor of Law
The relationship of the General, special and individual in the status of the undergraduate students in the realization of the right to education
Страницы / Pages: 38-43
Аннотация / Annotation:
Based on the provisions of article 2 of the Constitution of the Russian Federation analyses the relationship between General, special and individual in the status of the undergraduate students in the realization of the right to education. The author argues that the trend to expand the constitutional regulation of the right to education of undergraduate students due to the social purpose of education is to create the conditions for the socialization of the individual, the needs of society in the preservation of the system of social norms.
Ключевые слова / Keywords:
the constitutional right to education normative and legislative base; education system the status of undergraduate students general, special and individual.
MODERN EDUCATIONАннотация / Annotation:
Based on the provisions of article 2 of the Constitution of the Russian Federation analyses the relationship between General, special and individual in the status of the undergraduate students in the realization of the right to education. The author argues that the trend to expand the constitutional regulation of the right to education of undergraduate students due to the social purpose of education is to create the conditions for the socialization of the individual, the needs of society in the preservation of the system of social norms.
Ключевые слова / Keywords:
the constitutional right to education normative and legislative base; education system the status of undergraduate students general, special and individual.
POLOVTSIAN S.D. Polovtsian S.D. – doctor of historical Sciences, Professor
The possibility of the town for professional self-determination of schoolchildren
Страницы / Pages: 44-50
Аннотация / Annotation:
The article considers innovative practices and promoting professional self-determination of students using the resources of the urban environment. The author emphasizes the factors that influence changes in approaches to professional self-determination of students, comments on the latest trends in the interaction between social institutions and enterprises on issues of career guidance work with pupils.
Ключевые слова / Keywords:
professional self-determination, vocational training, General education, further education, regional projects.
Аннотация / Annotation:
The article considers innovative practices and promoting professional self-determination of students using the resources of the urban environment. The author emphasizes the factors that influence changes in approaches to professional self-determination of students, comments on the latest trends in the interaction between social institutions and enterprises on issues of career guidance work with pupils.
Ключевые слова / Keywords:
professional self-determination, vocational training, General education, further education, regional projects.
BUGAEV K.V. Bugaev K.V. – Candidate of Juridical Sciences
Education of the region: general analysis of scientific discurse
Страницы / Pages: 51-67
Аннотация / Annotation:
The article shows the general picture of the scientific discourse on the issues of regional education for the period 2011-2016. A bibliometric analysis of the published array of scientific papers from the eLIBRARY database was carried out to determine the leaders of this scientific direction. In particular, the following is established: there is an overall increase in the number of papers on the topic; the author’s composition is defined; shows TOP-100 magazines, where for the period studied were published works on the topic.
Ключевые слова / Keywords:
education, region, scientific discourse, authors, scientific works, bibliometrics.
Аннотация / Annotation:
The article shows the general picture of the scientific discourse on the issues of regional education for the period 2011-2016. A bibliometric analysis of the published array of scientific papers from the eLIBRARY database was carried out to determine the leaders of this scientific direction. In particular, the following is established: there is an overall increase in the number of papers on the topic; the author’s composition is defined; shows TOP-100 magazines, where for the period studied were published works on the topic.
Ключевые слова / Keywords:
education, region, scientific discourse, authors, scientific works, bibliometrics.
SARANCHUK YU.M. Saranchuk Yu.M. – candidat in Law
Features of teaching of disciplines administrative law cycle
Страницы / Pages: 68-72
Аннотация / Annotation:
On the basis of system approach to administrative law as a legal phenomenon gives an overview of possible options for the formation of disciplines administrative law cycle and the nature of their teaching. The analysis is performed on the example of training of legal direction of Russian State University of Oil and Gas (National Research University) Named after I. M. Gubkin
Ключевые слова / Keywords:
administrative law, the course administrative law cycle, the subject of the course, the method of the discipline.
Аннотация / Annotation:
On the basis of system approach to administrative law as a legal phenomenon gives an overview of possible options for the formation of disciplines administrative law cycle and the nature of their teaching. The analysis is performed on the example of training of legal direction of Russian State University of Oil and Gas (National Research University) Named after I. M. Gubkin
Ключевые слова / Keywords:
administrative law, the course administrative law cycle, the subject of the course, the method of the discipline.
IVANOV I.S. Ivanov I.S. – candidate of jurisprudence, associate professor
KUSKOV A.S.
Kuskov A.S.
–
Card technique of holding seminar classes in the fiscal law
Страницы / Pages: 73-83
Аннотация / Annotation:
The article tells about the card method of conducting seminar classes on the discipline “Tax Law” within the framework of the organization of training of bachelors of jurisprudence. The authors disclose its educational potential and features, offer classification of training cards, give examples of tasks, formulate conclusions and recommendations on various aspects of the application of the methodology, and show promising directions for its development.
Ключевые слова / Keywords:
bachelor; tax law; training method; technique; seminar classes; educational cards.
WE DISCUSS THE PROBLEMАннотация / Annotation:
The article tells about the card method of conducting seminar classes on the discipline “Tax Law” within the framework of the organization of training of bachelors of jurisprudence. The authors disclose its educational potential and features, offer classification of training cards, give examples of tasks, formulate conclusions and recommendations on various aspects of the application of the methodology, and show promising directions for its development.
Ключевые слова / Keywords:
bachelor; tax law; training method; technique; seminar classes; educational cards.
KERIMOV A.D. Kerimov A.D. – doctor of legal Sciences, Professor
KUKSIN I.N. Kuksin I.N. – doctor of legal Sciences, Professor
Article 2 of the Constitution of the Russian Federation
Страницы / Pages: 84-95
Аннотация / Annotation:
The article is devoted to criticism of the constitutional provisions, according to which man, his rights and freedoms are the Supreme value.
Ключевые слова / Keywords:
rights and freedoms universal and equal suffrage, liberalism, man and citizen, society.
Аннотация / Annotation:
The article is devoted to criticism of the constitutional provisions, according to which man, his rights and freedoms are the Supreme value.
Ключевые слова / Keywords:
rights and freedoms universal and equal suffrage, liberalism, man and citizen, society.
SIGALOV K.E. Sigalov K.E. – doctor of juridical sciences, associate professor
RYL’SKAYA M.A. Ryl’skaya M.A. – doctor of juridical sciences, associate professor
Socially-oriented non-profit organizations as potential of development of civil society in Russia
Страницы / Pages: 96-108
Аннотация / Annotation:
The legal format of functioning of socially-oriented non-profit organizations, being an integral sphere of realization of the strategy of civil society institutions, is gaining increasing importance in the social and business life of Russia. Nevertheless, at the present stage, the regulation of their activities requires adjustment and attraction of new legal instruments for legal regulation.
Ключевые слова / Keywords:
civil society, social activism, law, corporatism, government support, guardianship, creative unions, public organizations, social services, fans and «fans» model legislation.
Аннотация / Annotation:
The legal format of functioning of socially-oriented non-profit organizations, being an integral sphere of realization of the strategy of civil society institutions, is gaining increasing importance in the social and business life of Russia. Nevertheless, at the present stage, the regulation of their activities requires adjustment and attraction of new legal instruments for legal regulation.
Ключевые слова / Keywords:
civil society, social activism, law, corporatism, government support, guardianship, creative unions, public organizations, social services, fans and «fans» model legislation.
ZOUBETS A.N. Zoubets A.N. – doctor of economic Sciences, associate Professor
NOVIKOV A.V. Novikov A.V. – doctor of sociological Sciences, Professor
OBORSKIY A.YU. Oborskiy A.Yu. – candidate of philosophical Sciences, associate Professor
On socio-legal approaches to the study of the attitude of the Russian population, to the quality of medical care provided
Страницы / Pages: 109-122
Аннотация / Annotation:
The authors analyze socio-legal approaches to the study of the attitude of the Russian population, to the quality of medical care provided in the health system of the country.
Ключевые слова / Keywords:
population health, public health, quality of life, socio-legal changes in society, the quality of provision of medical care, criteria for quality of medical care, indicators of quality of medical care.
HOT TOPICАннотация / Annotation:
The authors analyze socio-legal approaches to the study of the attitude of the Russian population, to the quality of medical care provided in the health system of the country.
Ключевые слова / Keywords:
population health, public health, quality of life, socio-legal changes in society, the quality of provision of medical care, criteria for quality of medical care, indicators of quality of medical care.
EVDOKIMOV V.B. Evdokimov V.B. – doctor of legal Sciences, Professor
On the legality of the transfer of the Crimean region of the Ukrainian SSR
Страницы / Pages: 123-129
Аннотация / Annotation:
In article from positions of the constitutional and international law discusses the problems of legitimacy of the transfer of Crimea from the RSFSR to the Ukrainian SSR.
Ключевые слова / Keywords:
Constitution of the USSR, the Constitution of the RSFSR, Decree of the Presidium of the Supreme Soviet of the RSFSR, decree of the Presidium of the Supreme Soviet of the RSFSR, the Budapest Memorandum.
Аннотация / Annotation:
In article from positions of the constitutional and international law discusses the problems of legitimacy of the transfer of Crimea from the RSFSR to the Ukrainian SSR.
Ключевые слова / Keywords:
Constitution of the USSR, the Constitution of the RSFSR, Decree of the Presidium of the Supreme Soviet of the RSFSR, decree of the Presidium of the Supreme Soviet of the RSFSR, the Budapest Memorandum.
BAKUSHEV V.V. Bakushev V.V. – doctor of political sciences, professor
Parliamentarism in Russia and the world: meaning, development, trends
Страницы / Pages: 130-140
Аннотация / Annotation:
Members of the inter-Parliamentary Union (IPU) are the parliaments of democratic States. 137 IPU Assembly in Russia in the autumn of 2017 analyzed the standards of democracy and adopted the Resolution on “the 20th anniversary of the universal Declaration on democracy: the unity of our diversity”. In the tradition of most of the States variety of models of boards with the status of the Parliament. The parliamentary system is the engine of democracy. The article examines the state of parliamentarism in Republican forms of boards.
Ключевые слова / Keywords:
Inter-parliamentary Union (IPU); decisions 137 IPU Assembly in St. Petersburg; development of parliamentarism in the world; parliaments and the development of legal and political systems of the States; the Russian Parliament in the contemporary political processes.
Аннотация / Annotation:
Members of the inter-Parliamentary Union (IPU) are the parliaments of democratic States. 137 IPU Assembly in Russia in the autumn of 2017 analyzed the standards of democracy and adopted the Resolution on “the 20th anniversary of the universal Declaration on democracy: the unity of our diversity”. In the tradition of most of the States variety of models of boards with the status of the Parliament. The parliamentary system is the engine of democracy. The article examines the state of parliamentarism in Republican forms of boards.
Ключевые слова / Keywords:
Inter-parliamentary Union (IPU); decisions 137 IPU Assembly in St. Petersburg; development of parliamentarism in the world; parliaments and the development of legal and political systems of the States; the Russian Parliament in the contemporary political processes.
ZAVRAZHIN A.V. Zavrazhin A.V. – doctor of historical Sciences, Professor
KARMANOV M. V. Karmanov M. V. – doctor of economic Sciences, Professor
Genetically modified foods are as controversial a subject for scientific research
Страницы / Pages: 141-148
Аннотация / Annotation:
The article discusses the author’s analysis of the harms and benefits of genetically modified foods is becoming more widespread in society. In this context, of special scientific and practical interest is the need for a comprehensive study of the problem as relevant and controversial object of applied research.
Ключевые слова / Keywords:
genetically modified organisms (GMO), genetically modified food (GMF) genetically modified food foods (GMFF), GMF and society, indicators of the distribution of the GMF.
PAGES OF HISTORYАннотация / Annotation:
The article discusses the author’s analysis of the harms and benefits of genetically modified foods is becoming more widespread in society. In this context, of special scientific and practical interest is the need for a comprehensive study of the problem as relevant and controversial object of applied research.
Ключевые слова / Keywords:
genetically modified organisms (GMO), genetically modified food (GMF) genetically modified food foods (GMFF), GMF and society, indicators of the distribution of the GMF.
BERLOV A.V. Berlov A.V. – Candidat Sc. (History)
Russian agrarian and scientific emigration in France in the 1920-1930s
Страницы / Pages: 149-155
Аннотация / Annotation:
The article reveals the main directions of the agrarian thought of Russian emigration in France, represented by the names of outstanding domestic scientists. It portrays the ideological heterogeneity of the Russian scientific community that had left the country, the struggle of the liberal and populist schools of agrarian thought, united only in their rejection of Bolshevism. The author concludes that despite internal contradictions Russian emigrant-scientists made a significant contribution to the world agrarian theory by synthesizing the experience of the development of the Western agrarian-capitalist economy and the mature ideas of Russia’s agricultural cooperation.
Ключевые слова / Keywords:
Russia; France; emigration; creative intelligentsia; Russian scientists; agrarian thought; agriculture; cooperation; peasantry.
Аннотация / Annotation:
The article reveals the main directions of the agrarian thought of Russian emigration in France, represented by the names of outstanding domestic scientists. It portrays the ideological heterogeneity of the Russian scientific community that had left the country, the struggle of the liberal and populist schools of agrarian thought, united only in their rejection of Bolshevism. The author concludes that despite internal contradictions Russian emigrant-scientists made a significant contribution to the world agrarian theory by synthesizing the experience of the development of the Western agrarian-capitalist economy and the mature ideas of Russia’s agricultural cooperation.
Ключевые слова / Keywords:
Russia; France; emigration; creative intelligentsia; Russian scientists; agrarian thought; agriculture; cooperation; peasantry.
ALEKSEEV V.I. Alekseev V.I. – candidate of historical sciences, associate professor
Moral and legal grounds of penitentiary and pedagogical impact on convicts: reality and possibility (1879–1917)
Страницы / Pages: 156-167
Аннотация / Annotation:
In article the legal possibilities of penitentiary and pedagogical impact on convicts, function of ensuring interaction of elements of the criminal and penitentiary legislation are considered. Detection of backbone communications between elements of the law allows to open tendencies in evolution of development of penal system, legal and moral impact on convicts.
Ключевые слова / Keywords:
penitentiary policy, law, court, prison mode, prisoner work, spiritual and moral impact on convicts, penitentiary opportunity, reality.
Аннотация / Annotation:
In article the legal possibilities of penitentiary and pedagogical impact on convicts, function of ensuring interaction of elements of the criminal and penitentiary legislation are considered. Detection of backbone communications between elements of the law allows to open tendencies in evolution of development of penal system, legal and moral impact on convicts.
Ключевые слова / Keywords:
penitentiary policy, law, court, prison mode, prisoner work, spiritual and moral impact on convicts, penitentiary opportunity, reality.
EGOROVA A.Y. Egorova A.Y. – postgraduate student
Shaping of the Red Army penal units regulatory-legal framework during the Great Patriotic War
Страницы / Pages: 168-181
Аннотация / Annotation:
The article highlights activities of the USSR state bodies and administration, as well as those of the judiciary in shaping the legislative and regulatory framework necessary for the organization, manning and application of penal units in the Red Army during the war. This research provides an analysis of relevant laws, the USSR State Defense Committee decisions, USSR Presidium of the Supreme Council decrees, regulatory-legal acts issued by the People’s Commissariats of Defense, Internal Affairs, Justice, and the USSR Prosecutor’s Office.
Ключевые слова / Keywords:
penal units of the Red Army, regulatory-legal acts, institutionalization, criminal responsibility of servicemen, disciplinary responsibility.
REVIEWSАннотация / Annotation:
The article highlights activities of the USSR state bodies and administration, as well as those of the judiciary in shaping the legislative and regulatory framework necessary for the organization, manning and application of penal units in the Red Army during the war. This research provides an analysis of relevant laws, the USSR State Defense Committee decisions, USSR Presidium of the Supreme Council decrees, regulatory-legal acts issued by the People’s Commissariats of Defense, Internal Affairs, Justice, and the USSR Prosecutor’s Office.
Ключевые слова / Keywords:
penal units of the Red Army, regulatory-legal acts, institutionalization, criminal responsibility of servicemen, disciplinary responsibility.
BOGATYREV A.G. Bogatyrev A.G. – Doctor of Law, Professor
The rights of the child in the prenatal stage of development
Страницы / Pages: 182-185
Аннотация / Annotation:
The material is a review of the scientific monograph of I.V. Ponkin and A.A. Ponkina «Dignity and rights of the child at the prenatal stage: Constitutional-legal, medico-legal and bioethical analysis» (M., 2017).
Ключевые слова / Keywords:
medical law, bioethics, pharmaceutical law, medical-legal problems, child at the prenatal stage, rights of the child.
Аннотация / Annotation:
The material is a review of the scientific monograph of I.V. Ponkin and A.A. Ponkina «Dignity and rights of the child at the prenatal stage: Constitutional-legal, medico-legal and bioethical analysis» (M., 2017).
Ключевые слова / Keywords:
medical law, bioethics, pharmaceutical law, medical-legal problems, child at the prenatal stage, rights of the child.