Право и образование

№ 12 • 2014


Bratanovsky S.N. – doctor of jurisprudence, professor, head of the department of the administrative and information law of Moscow State University of economy, statistics and informatics

Kocherga S.A. – candidate of jurisprudence, professor of Moscow State University of economy, statistics and informatics

Conceptual approaches to education as social legal to a phenomenon

Страницы / Pages: 4-20

Аннотация / Annotation:
In the scientific article general-theoretical and diversified approaches to definition of education and educational process are investigated. Organizational and legal value of a constitutional law on education reveals. Legal norms and the positions of leading researchers devoted to separate aspects of education and training in Russia are analyzed. The author’s solution of problems in this sphere is proposed.

Ключевые слова / Keywords:
administrative law, educational process, education, training, public administration, freedom of use of opportunities.

Kurov S.V. – PhD in Law, Associate Professor

Education Security and its legal ground

Страницы / Pages: 21-29

Аннотация / Annotation:
The author introdusts and proves the category of education security that connected with the induviduals. Especially it conserned with the manipulation of information in education.

Ключевые слова / Keywords:
education, security, education rights, manipulation.

Yakushev A. – doctor of historical Sciences, candidate of legal and pedagogical Sciences, Professor 

Legal procedure for evaluation of theses in Russia: gaps and their negative consequences

Страницы / Pages: 30-35

Аннотация / Annotation:
The article gives scientific commentary to paragraphs 9-10, 32, 44 of the Regulations on the awarding of academic degrees (2013), from which it follows that the requirements of the scientific results of theses are false, and criteria and evaluation procedure is not installed.

Ключевые слова / Keywords:
Higher attestation Commission, dissertati the district Council, dissertation, criteria, Ministry of education and science, opponent, score, record, legal norm, the award procedure, degree, expert, expert advice.


Trofimova G.A. 

Basic general education: problems of implementation of constitutional norm

Страницы / Pages: 36-45

Аннотация / Annotation:
Constitution of the Russian Federation provides not only the right to receive an education, but also the requirement of compulsory basic general education. The article focuses both on the technical and legal problems of implementation of this provision, and the other, almost notes in the scientific environment factors. In particular, the article describes the entities whose actions must be focused on the duty of children to receive basic general education. Identified law flaws made by the legislator to ensure the (warranty) of this rule, among the most significant of which is called a lack of responsibility.

Ключевые слова / Keywords:
constitutional duty, basic general education, secondary education, government guarantees, parental responsibility of the child, the constitutional responsibility.


Sablukov A.V. – Doctor of Social Sciences

Public assessment of the implementation of educational programs: assessment methodology and results

Страницы / Pages: 46-64

Аннотация / Annotation:
The article presents, developed by a research team of the Department of Sociology at Moscow State Linguistic University, methodology of sociological monitoring public assessment of the implementation of educational programs, and received on the basis of the results of the research methods of social evaluation implemented in the capital of the State Program of Education Development.

Ключевые слова / Keywords:
education, government program, public assessment, sociological monitoring, methodology, program implementation, evaluation index.

Krasinski V.V. – doctor of jurisprudence

Actual problems of implementing the results of research into the learning process of departmental educational institutions of law enforcement agencies

Страницы / Pages: 65-70

Аннотация / Annotation:
The article examines the problems of research results introduction into law enforcement institutions training. 

Ключевые слова / Keywords:
research results, educational institutions, law enforcement agencies, training, research results introduction.

Caftan V.V. – doctor of philosophical sciences, professor


Kriakvina S.B.

The Spiritual-values crisis of the educational space Russian society

Страницы / Pages: 71-77

Аннотация / Annotation:
In this article using the social-philosophical analysis of the research is the conflict situation in Russian education associated with collision-eat a variety of value-ideals. Substantiates the idea of the need for op to determine traditional spiritual values and moral basis of the educational space of Russia and its full development in accordance with the axiological orientations.

Ключевые слова / Keywords:
educational environment of the Russian society, the crisis of the educational space, contradictions educational Pro-space, value conflict.

Shubina I.V. – candidate of pedagogical sciences, associate professor

Innovative and pedagogical activity in the higher education

Страницы / Pages: 78-85

Аннотация / Annotation:
In article the factors which caused need of an innovative orientation of pedagogical activity, preparation for it, and also readiness, the principles of innovative and pedagogical activity in relation to system of the higher education reveal.

Ключевые слова / Keywords:
innovation, innovative activity, innovative and pedagogical activity, readiness and principles of innovative activity of the teacher, innovative competence of the teacher.


Samovich Y.V. – doctor of jurisprudence, professor 

The judgments of the European Court of Justice on human rights in the scope of definition civil rights and duties 

Страницы / Pages: 86-94

Аннотация / Annotation:
The aim of the article is to analyze the legal positions of “autonomous interpretation” that are contained in the regulations of the European Court of Justice on human rights in the scope of civil rights and duties definition, which are the reasons for a reference to the court in compliance with article 6 of the European Convention on human rights. The issues are considered on compliance of civil legislation in Russia to the practice of the European Court; the practice of the courts in the Russian Federation is estimated. 

Ключевые слова / Keywords:
civil, rights, duties, reference, court, European, the Court, definition, legal, effect.

Ponkin I.V. – doctor of science (Law), professor 

Technology «soft power» as a means of creating a dysfunction of the state and a collapse of state

Страницы / Pages: 95-111

Аннотация / Annotation:
The article investigates the technology of creating a dysfunction and of destabilization of government and of the state as a whole, the technology of the destruction of the state, the transformation of the state to phase submissive or defaulted.

Ключевые слова / Keywords:
governance, sovereignty, dysfunctional state, failed state, international law, war, destabilization of the state, dysfunction of the state, soft power, destruction, identity.

Gavrishchuk V.V. – doctor of historical sciences, professor 

Latysheva N.A. – candidate of philosophical sciences

The main approaches to the identification essentially symbolic space of contemporary society

Страницы / Pages: 112-118

Аннотация / Annotation:
Presented article raises questions about the need for in-depth study of extremely vital significance for the social symbolic dimension of social relations. Based on the analysis of various different philosophical approaches to understanding the essence of the symbolic space of society determines its own position in relation to the author of the phenomenon, which consists in the recognition of signs and symbolic component as one of the most important determinants of society in general and education in particular. 

Ключевые слова / Keywords:
symbol, sign, image, symbolic space, code, archetype, a myth, a simulacrum.

Filippov Yu.M. – PhD. (History)

Administrative justice in the Netherlands: national traditions and European context

Страницы / Pages: 119-125

Аннотация / Annotation:
The article deals with the crucial issues of administrative legal procedure in the Netherlands. The author examines the synthesis of national legal tradition and European trends of simplified access to justice as well as the development of alternative dispute resolution schemes, characterizes the procedure of the Dutch courts of the first instance implemented in administrative cases.

Ключевые слова / Keywords:
administrative legal procedure, the Netherlands, code of procedure, alternative dispute resolution of administrative cases.

Shevchenko O.А. – Ph.D. (Law), docent

Effective contract: prospects of formation and development in the field of science and education

Страницы / Pages: 126-129

Аннотация / Annotation:
This article discusses issues related to the effective contract prospects of its formation and development in the training of sports reserve. The author analyzes the positive and negative experiences on the economic security of personnel sports reserve and possible effects and consequences of using the concept of effective contract in the training of sports reserve. Scientific novelty of the article is to nominate author requirements for effective contract and its criteria. 

Ключевые слова / Keywords:
effective contract law, labor law, sports reserve, qualitative indicators of the labor process.


Matyusheva T.N. – doctor of jurisprudence 

Transformation of legal status of the teacher in the USSR: from the Constitution of 1936 to the Constitution of 1977

Страницы / Pages: 130-138

Аннотация / Annotation:
In the course of reforming of an education system in the conditions of social and economic changes of the Russian society the foreground has to be allocated for the status of the teachers providing successful development of the personality. In article legal status of the teacher as dynamic system which is transformed under the influence of a number of factors is investigated, questions of standard and legal regulation of activity in the field of education during the period from the Constitution of the USSR of 1936 to the Constitution of the USSR of 1977 are considered. The general orientation of standard and legal regulation of the considered period on increase of the status of the teacher is emphasized.

Ключевые слова / Keywords:
a constitutional right on education, the status of teachers, development of the personality, seven years’ general compulsory polytechnical education.

Timokhina T.V. – PhD in Pedagogic Sciences, Assistant Professor

Legal support of vocational training to work with children with restricted health abilities in the Soviet Union

Страницы / Pages: 139-147

Аннотация / Annotation:
Legal support of vocational training to work with children with restricted health abilities has great history in our country. With the development of the socialistic system, the development of methodology and pedagogy including the methodology of work with abnormal children is based on new, socialistic principles. The system of legal support and vocational training to work with children with restricted health abilities in the Soviet Union has undergone considerable changes and improvements, that led to widening, deepening and appearance of new types of vocational training.

Ключевые слова / Keywords:
legal support, social-legal studies, children with restricted health abilities, vocational training.

Pishchulin V.I. – Doctor of Sc. (Law) 

Rogacheva L.I. – Doctor of Sc. (Law) 

Establishment of the foundations of legal education in Russia in the eighteenth century

Страницы / Pages: 148-152

Аннотация / Annotation:
The article deals with the first stage of the development of legal education in the Russian Empire. The features of preparation of students at the Faculty of Moscow State University in the eighteenth century. Notes the contribution of Russian scientists in the process of becoming a legal education. 

Ключевые слова / Keywords:
legal education, university professor, natural law, jurisprudence.


Gazimagomedov R.I.

State policy with respect to the traditional system of Islamic education in the Dagestan region (second half of the 19th century up to 1920)

Страницы / Pages: 153-162

Аннотация / Annotation:
The article is devoted to the state’s policy with respect to the traditional Muslim school in the Dagestan region until the time when Soviet power came. Using examples the author shows how complicated and contradictory was the governmental policy in the region. Even Soviet power until the end of 20-ies was ‘tolerant’ to religious schools in the national borderlands.

Ключевые слова / Keywords:
Muslim schools, the tsarist administration, supervision of schools, Muslim clergy.



Troshina I.O.

Features of realization of rights and obligations as the stage action in private law

Страницы / Pages: 163-168

Аннотация / Annotation:
In this paper we prove that the realization of rights and obligations in private law becomes apparent specificity compared with the realization of rights and obligations in public law. The author elaborates on the content of the rights and obligations as the stage of the action of private law and clarifies the nature of the legal instruments used in the framework of this step for the solution of problems peculiar to it.

Ключевые слова / Keywords:
private law, public law, law action, mechanism of action of private law, realization of rights and obligations.


Aibek uulu Lesbek

Professional training for internal audit in the government of the Kyrgyz Republic

Страницы / Pages: 169-178

Аннотация / Annotation:
The article analyzes the problems of training, retraining and raising qualification of specialists in the field of internal audit, the solution of which will allow to increase the efficiency of the system of internal audit in the government of the Kyrgyz Republic.

Ключевые слова / Keywords:
the sector of public administration, internal audit.


Demyanov V.A.

Theoretico-jural description of the concept and the content of cynologists’ training in separate federal agencies of the executive power 

Страницы / Pages: 179-187

Аннотация / Annotation:
The article is devoted to the scientific proving of the concept and the content of professional training in the sphere of service cynology in the system of educational organizations of Armed Services of Russian Federation, other agencies and forces, as well as to the correlation of such terms as «training» and «retraining».

Ключевые слова / Keywords:
public service, specialists’ training, service cynologists’ training.


Dogadailo E.Yu. – doctor of Sciences (Law), associate Professor 

The normative nature and structure, features of the ontology and meaning of the religious secret

Страницы / Pages: 188-192

Аннотация / Annotation:
Review of the scientific monograph of K.M. Andreev «The Meaning and Features of the Religious Secret within the framework of constitutional freedom of religion» (Moscow, «Jurisprudence», 2014).

Ключевые слова / Keywords:
freedom of belief, religion, constitutional rights and freedoms, religious secret, mystery of confession, professional secret.

Berzin V.A. – Doctor of Sc. (Law) 

Legal prerequisites for the future of the sport without offenses of sports fans 

Страницы / Pages: 193-195

Аннотация / Annotation:
This publication is a review of the scientific monograph I.V. Ponkin, A.A. Solovyov and A.I. Ponkina «Legal regulation of struggle against offenses of sports fans» (Moscow, 2014, 207 p.) 

Ключевые слова / Keywords:
sports, sports law, lex sportiva, offenses of sports fans, sports fans.