№ 107(3), March, 2015
Public date: 31.03.2015
Archive of journal: Articles count 114, 263 kb
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PROBLEMS OF THE DEVELOPMENT OF MODERN HIGHER EDUCATION
DescriptionThe article deals with an actual problem of modern development of the higher education – how to increase an efficiency of academies and employers during the experts’ training competition. It is reported about the investigations’ results where the employers’ satisfaction of the level of Krasnodar graduates’ training was considered. From the employers’ point of view the most important quality criteria of specialists’ preparation are revealed. It is analyzed the correlation of expectations and perceptions of formation the revealed quality’s criteria of graduates’ training by employers. One of the most important causes of expectation discrepancy of employers and results of higher school activity is chosen. It deals with the interrelation between graduate’s competence and competences which must be formed during the training. The consequence discrepancy of the main competences on one of the training’s directions of bachelors and a number of the disciplines’ hours forming these competences is revealed. It is offered to intensify academies interaction and employers concerning creation a model of important and competent specialist. Quantitative shortcomings of graduates’ jurisdiction are marked. It is recommended to make a method of educative evaluation to express minimal, sufficient and advanced level of graduate’s competence. Estimation instrument is the fund of evaluative facilities of estimated means of disciplines. Elements as a part of the fund are determined for objective measurement of competences formation together with employers
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THE SIGNIFICANCE OF LEADERSHIP FOR PERFORMANCE OF CONTRACT SERVICEMEN
DescriptionReform of the Armed Forces of the Russian Federation and, in particular, large-scale organizational and personnel changes, the transition to acquisition of the army and navy mostly contract servicemen, demanded new approaches to training and education of this category of servicemen. One of the innovative approaches of pedagogy, in this way, has been the development of techniques to build leadership skills and training of soldiers under contract to perform the functions of the military leader of the team that can win credibility with their subordinates, bring people together and send to the effective performance of duties. The article deals with the problem and the urgency of the formation of leadership qualities and the ability of the warrior-contractor for the effective performance of the functions under the leadership of the leader of the primary military collectives. Based on the analysis of domestic and foreign scientific literature on the study of the problems of leadership and formation of leadership in military, the article defines the essence of the concepts of "leadership" and "leader", and gives specific definitions of the concepts as applied to military-professional work of contract servicemen. The article concretized the value of leadership in the practical professional military activity warriors contract and the main features of its manifestations in the military collective
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THE ISSUE OF CONCEPT, FEATURES AND CLASSIFICATION OF FINANCIAL-LEGAL NORMS
DescriptionThe concept, essence, value and classification of financial-legal norms are considered in the article. The special attention is paid to detection of peculiarities of these norms allowing delimiting them from norms of other branches of the law. The article emphasizes the fact that the direct purpose of the financial law norms is defined by a subject of the financial-legal regulation that is the relations arising in the process of public financial activities for regulation of formation, distribution and use of public funds of money. The authors’ opinion is reasoned about the fact that financial-legal norms are seldom arise as actual one because rules of conduct very rarely developed in social life as a prototype of the financial-legal norms. This circumstance is caused by the fact that financial relations do not exist and do not arise by it; these relations are shown in the forms determined by the state (municipalities) and depend primarily on social needs which are determined by a level of development of the commodity-money relations, extent of the state activity, social problems and so on. Besides, authors explore the reasons of instability of the financial law norms. In addition, in this article the authors’ opinion about action mechanism of the financial law norms as very actual phenomenon in modern Russia is reasoned. Due to the fact that the budget system of the country is under the influence of financial-legal norms, with help of such norms state extra-budgetary social funds formed and used, monetary and exchange rate policy carried out, so the need of deeper study of these norms and understanding their action mechanism is very actual phenomenon in modern Russia
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DETECTIVE POLICE OF THE RUSSIAN EMPIRE IN THE WORKS OF DOMESTIC RESEARCHERS
DescriptionThe article analyzes the most important works on the history, regulatory, and organizational and legal regulation of secret police of the Russian Empire engaged in the fight against criminal offenses, as well as a brief analysis and commentary of the content. It is noted that in the pre-revolutionary historiography special studies on the historical and legal analysis of the criminal investigation have been identified as the national system of secret police was formed only in 1908. In all Soviet historiography police detective, exactly like all public institutions of autocratic Russia as a whole was considered from the extremely negative side, with an emphasis on its "class, anti-national character" and "reactionary nature", within the established ideological dogmas that ultimately resulted in the loss of objectivity and distortion of the truth. Post-Soviet historiography is characterized by an almost total abandonment of rigidly set ideological attitudes that positively entailed as a new vector in the development of historical and historical and legal sciences in general and objective coverage of the problem in particular. During this period there were some published works, though fragmentary, which address the problems of Russian secret police in historical and legal aspects, taking into account the new conceptual approach
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Description
The article shows that in the late XIX - early XX century in Russia it was really bad crime situation. Therefore, on March 12, 1908 due to the orders of the Director of the Police Department, M.I. Trusevich it was formed "Department of Criminal Detective parts", so 8th paperwork Department, tasked with the general supervision over the activities of the detective department of the Empire. June 20, 1908 in the State Duma they discussed the draft law "To the organization of the detective department". July 6, 1908, approved by the State Council and the State duma, the law "To the organization of the detective department" was approved by the Highest Emperor Nicholas II. In accordance with the law there were approved the authorities of the criminal investigation in the largest cities of Russia. The article states that the total number of police detective was brought to 96 units. Analyzing the law in question, it should point to a number of shortcomings associated with its material component. Firstly, this is a minor detective department states even for the 1st category, which significantly reduces the impact of operational and investigative activities, in addition, the absence of the detective department states in the 3rd and 4th digits as an assistant chief of the Detective Department gave problems in cases vacation, business trip or illness head. But in the article there are different and positive aspects of the law. With the adoption of the law it became possible the creation of the All-Russian secret police system
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Description
The article notes that in the XIX century by the name of the decree of the Emperor Alexander II there was formed the Kuban area, including the territories of the Black Sea Coast, North-Eastern part of the Kuban and Zakubanye. Based on the opinions of imperial approval of the State Council "On the permission for the Russian citizen of non-army class to settle and acquire property in the lands of the Cossack troops" from April 29, 1868, Kuban as a whole, and the town of Ekaterinodar, in particular, have received a significant increase in population, which meant the prospect of rapid economic development. The article states that in the period from 1869 to 1871 on the territory of the Kuban region there was a judicial reform, which had a result: from the January 1, 1871, alongside with the formation of new courts there were established new court departments of prosecution of the Ekaterinodar District Court. Along with this great transformation, taking place in the police, the Emperor Alexander II, with a view to changes and improvements in the apparatus of the police, approved the "Temporary Regulations for the structure of the police in towns and districts of the provinces, the general establishment of the governed", which provided preservation for the city police exclusively in provincial and major district towns, leaving it under domination of the police chiefs. The rest of the city and the county police subordinated to the county police departments headed by the county police officer
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LAND AND REGISTRY RELATIONS IN THE PERIOD OF THE RUSSIAN EMPIRE (1721 –1825)
DescriptionEvery stage of development of society is accompanied by the development of a state. Land has an inseparable connection with the development of a society as far as it is a basis of relations on possession, use and arrangement with it. Taking the analysis of considering period we see what kind of development was obtained by the land use. As well as we see the importance of these arrangements, firmly passing through centuries. For the describing period of the state moved from state property to the possibility of allotment reception in private hands. Concerning to land management, imitating the west experience and its own observations led it to a new level. It is important to notice that the high cost of living and the complexity of calculation and assessment of lands were always like that and we meet with them nowadays. The large reluctance of people to manage lands and pay taxes for that stands out beyond the state. Historically the origin of land cadastre is characterized under the objective necessity in obtaining of land data, as far as land is a source of getting material goods and the object of taxation. There was presented the transition of land use from simple account of lands to the qualitative land account and main replacement to land management of the territory. The jerk in the development of land-cadastre relations in the period of the Russian Empire is considered clearly
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PROBLEMS OF THE INSTITUTION OF ARBITRATION PROCEEDINGS UNDER LAW REFORM OF ARBITRATION COURTS
DescriptionIn this article we consider the problem of arbitration proceedings and suggest ways to address them. The peculiarities of the arbitration dispute resolution, allowing closer to understanding the nature and the legal nature of the arbitration court. The article analyzes the status of arbitrators in terms of law reform, the conclusion about the absence of common requirements that apply to this post. The attention focused on the absence of liability for breach of arbitrators order arbitration proceedings and the need to introduce. The article also highlights changes in the rights of legal entities to create permanent arbitration courts and analyzes the feasibility of such restrictions. Special attention is paid to the problem of creating "pocket" courts, which hamper the development of mechanisms for alternative ways of resolving civil disputes. A comparative analysis of established practices of arbitration courts in countries such as Brazil, Canada and the United States has been provided. We offer adding certain provisions of the legislation of these countries to the Russian legislation in order to improve the institution of arbitration proceedings. The authors highlight some trends in the development of the current legislation regulating the activities of the arbitration courts of relevance in today's economy
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GOVERNOR ORGANIZATIONS ACTIVITY LICENSING
DescriptionThe author analyses the licensing of governor organizations activity in connection with amendments to the Housing Code of the Russian Federation by adoption of a Federal law of 21.07.2014 N 255-FZ «On amendments to the Housing Code of the Russian Federation, some legislative acts of the Russian Federation and on declare force Certain Provisions of Legislative Acts of the Russian Federation void » and the Government Resolution adoption of the of 28.10.2014г. N 1110 «On entrepreneur activity in apartment buildings’ government licensing». The urgency of the issue of the apartment buildings licensing activity is associated with the modernization of housing and communal services and legal regulation in this area. Introduction of the governor organizations activity licensing without securing in law the concept of "governor organizations" is a significant flaw of the legislator. As a result, the author gives the concept of governor organizations based on the analysis of scientific papers and current legislation. In addition, the article analyzes the introduction of licensing control, assesses the established order of the three registers on the governor organizations activity. The presented paper examines the experience of foreign countries associated with the activities on the apartment building common property management as well, and the state control over such activity. The authors examine violations of housing legislation that may cause the governor organizations and their officials’ administrative responsibility
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Description
The constitutional regulations of all countries guarantee their citizens the right to education. In the Republic of South Ossetia during last years we observed a process of modernization of the state. In particular, the legislation on education directed on guaranteeing the right of citizens for education has been developing. The state defined the main directions of a development of education, material and personnel resources, and also the problems in this sphere were revealed. One of key problems is insufficiency of financing of an education system which doesn't allow guaranteeing the right for education at the necessary level. The availability of educational institutions for students is essential to guarantee the right to education. Modern states establish minimum standards for primary, secondary and higher education. Thus, primary education must be universal, compulsory and free, and in case of its absence, elementary education should be encouraged or intensified. In the secondary, including vocational, education guaranteed openness and accessibility for all, including through "progressive introduction of free education". In the Russian Federation, the availability of educational institutions for students was solved comprehensively, but mainly due to the municipal reform, according to which the territory is rural and urban settlements were formed taking into account walking distance from the administrative center. The author proposes to consider similar experience for South Ossetia