Administrative and municipal law - rubric Administrative law, municipal law and issues in education
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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Rubric "Administrative law, municipal law and issues in education"
Administrative law, municipal law and issues in education
Kananykina E.S. -
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Kananykina E.S. -
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Kananykina E.S. -
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Kananykina E.S. -
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Kananykina E.S. -
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Kananykina E.S. -
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Shcherbak E.N. -
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Narutto S.V. -
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Kananykina, E.S. - Ssystems of education in Brazil, Nnicaragua, Paraguay: legislative acts pp. 0-0
Abstract: The article is devoted to the study of the education system of a number of Latin American states, the author shows peculiarities of these systems, and makes offers for improvement of the education system in Russia.
Keywords: Reform, education, management, America, exam, higher non-state education, school, faculty, higher education institution, model of education.
Kananykina, E.S. - Education doctrines of Ggreat Britain in the 2nd half of XX century pp. 0-0
Abstract: Review: the article includes analysis of development of education doctrines, as well as formation of the system of education institutions of Great Britain, and based on that the author formulates offers for improvement of legal bases of management of education process in our country.
Keywords: education, teaching, school, education institution, studies, national study plan, education standard, higher education, accessibility of education.
Damm I.A. - Anti-Corruption Education in Higher Educational Organizations: Basic Trends and Implementation Issues pp. 36-48

DOI:
10.7256/2454-0595.2018.6.26763

Abstract: The subject of the research is the statutory provisions of the Russian Federation legislation on corruption prevention, regulatory and departmental normative legal acts as well as local normative acts that focus on the contents and anti-corruption education procedure. In his research Damm focuses on legal and organising capacities of a higher educational organisation to implement anti-corruption education. The researcher pays special attention at describing successful practices of anti-corruption educational activities oriented at both educational organisation employees and students. In his research the author has used the dialectical research method as well as structured system analysis, formal logic method, and others. The research carried out has demonstrated that educational organisations face difficultis of methodological, legal and organisational nature when they implement anti-corruption education. In his research Damm describes the basic trends of the Siberian Federal University in anti-corruption education of employees and students, defines the key problems and offers his solutions thereto. 
Keywords: prohibitions, duties, students, workers, educational organizations, enlightenment, prevention, corruption, restrictions, anti-corruption standards of conduct
Kotsyurko E.P. - Control (supervisory) activities in the field of higher education in the context of a risk-based approach: problems of law enforcement and prospects for development pp. 52-64

DOI:
10.7256/2454-0595.2023.4.43882

EDN: WTTJFD

Abstract: The subject of the study was the peculiarities of the legal regulation of the implementation of control (supervisory) activities in the field of higher education, due to the introduction of a risk-based approach. Some problems of law enforcement are analyzed and proposals are formulated to improve the legal framework of the system for assessing and managing the risks of harm (damage) in the implementation of federal state control (supervision) in the field of higher education. Special attention is paid to resolving the issue of the prospects of embedding monitoring in the system of control (supervisory) activities in the context of a risk-based approach in the field of education. The work uses a set of methods and methods of cognition inherent in modern science, system analysis is used as a general scientific method, and special legal analysis is used as a private scientific method. As a result, the following conclusions are made: 1) the introduction of a risk-based approach has become the core of reforming the system of state control (supervision), including in the field of education; 2) there are problems of law enforcement of the established system of criteria for assigning objects of control (supervision) to risk categories and a list of risk indicators; 3) implementation of public and professional control tools in the higher education system in activities of control (supervisory) bodies; 4) there is a potential for the use of monitoring in control (supervisory) activities. As a result, there is a need to improve the system of criteria for assigning objects of federal state control (supervision) in the field of education to risk categories, within which it is important to take into account foreign and regional experience in applying a risk-based approach. A special contribution of the author to the research of the topic is the development of his own proposals to supplement the list of criteria and update the established risk indicators. The novelty of the research lies in substantiating the importance of resolving the issue of the limits and prospects of embedding monitoring, as well as the results of public and professional control, in the system of control (supervisory) activities in the field of higher education in a risk-based approach.
Keywords: conscientiousness, risk categories, risk-oriented approach, higher education, object of control, control and supervision activities, control, risk indicators, education system monitoring, state-public model of control
Anokhin S.A. - Legal regulation of education and bridging training of minor workers

DOI:
10.7256/2454-0595.2016.7.18158

Abstract: The research subject is the regulation of legal relationship in the field of education and bridging training of minor workers. The contemporary Russian legislation, regulating minor workers’ legal status, conforms to the generally accepted international legal regulations and allows ensuring the rights and freedoms guarantees of this category of citizens. The Labour Code of the Russian Federation has been the first in the history of labour legislation to include the chapter containing the general provisions regulating education and bridging training of minor workers, including apprenticeship agreement. General educational institutions graduates and other underage persons without a profession (speciality) acquire education or bridging training on a priority basis. The author analyzes the current legislation and develops the proposals about the improvement of legal regulation of labour of minors in the Russian Federation. The research methodology includes historical legal, analytical and comparative-legal methods. The scientific novelty of the study consists in the peculiarities of labour legislation application regarding underage persons. Minors enter legal relationship for the first time, without work experience, they need special health protection and work conditions. In the context of the factual increase of employment of minors, the problem of observance of their labour rights is especially urgent. The legal system contains significant drawbacks related to the protection of minors, including the insufficiency of the mechanisms of implementation of the adopted statutory instruments, the existence of a great number of complicated and contradictory departmental instructions, provisions and rules. 
Keywords: list of professions, state, educational organization, student, employee, employer, conditions of training, professional training, legal status, minor workers
Anokhin S.A. - Legal regulation of education and bridging training of minor workers pp. 593-596

DOI:
10.7256/2454-0595.2016.7.67950

Abstract: The research subject is the regulation of legal relationship in the field of education and bridging training of minor workers. The contemporary Russian legislation, regulating minor workers’ legal status, conforms to the generally accepted international legal regulations and allows ensuring the rights and freedoms guarantees of this category of citizens. The Labour Code of the Russian Federation has been the first in the history of labour legislation to include the chapter containing the general provisions regulating education and bridging training of minor workers, including apprenticeship agreement. General educational institutions graduates and other underage persons without a profession (speciality) acquire education or bridging training on a priority basis. The author analyzes the current legislation and develops the proposals about the improvement of legal regulation of labour of minors in the Russian Federation. The research methodology includes historical legal, analytical and comparative-legal methods. The scientific novelty of the study consists in the peculiarities of labour legislation application regarding underage persons. Minors enter legal relationship for the first time, without work experience, they need special health protection and work conditions. In the context of the factual increase of employment of minors, the problem of observance of their labour rights is especially urgent. The legal system contains significant drawbacks related to the protection of minors, including the insufficiency of the mechanisms of implementation of the adopted statutory instruments, the existence of a great number of complicated and contradictory departmental instructions, provisions and rules. 
Keywords: list of professions, state, educational organization, student, employee, employer, conditions of training, professional training, legal status, minor workers
Narutto, S.V. - Role of the practice of the European Court of Human Rights in unification of national legislation on education pp. 833-842

DOI:
10.7256/2454-0595.2013.8.63125

Abstract: The author provides generalization and analysis of the decisions of the European Court of Human Rights on protection of the right to education, as enshrined in Art. 2 of the 1 Protocol to the European Convention on Human Rights. The author also studies the positions of the European Court of Human Rights on the rights and freedoms which are closely related to education, such as freedom of thought, conscience and religion (Art. 9); freedom to express opinions (Art. 10); freedom of association and gatherings (Art. 11); right to fair trial (Art. 6). Right to education includes the right to receive educational services of any level, including pre-school, elementary school, middle school and professional education of various levels, as well as the right to study in the native language. The ambiguity of legislation on education provides the space for the discretion in legal practice, and it may result in limitations on the right to education, which is not compatible with the principle of supremacy of law. The ECHR allows for the limitations to the right of education only when limiting measures do not encroach upon the nature of the right and do not contradict to other rights according to the Convention and its Protocols. One of the popular categories of cases in the education sphere, is the category of cases regarding respect to philosophical ideas of parents.
Keywords: court, European, positions, education, freedom, religion, study, language, unification, legislation.
Shugrina, E.S. - Separation of objects of competence and competences of different levels of public authority in the sphere of education pp. 998-1006

DOI:
10.7256/2454-0595.2013.10.63354

Abstract: The article concerns the fundamentals of distinction between the competences and objects of competences of the federal government bodies, government bodies of the constituent subjects of the Russian Federation and the municipal bodies in the sphere of education. The author provides consistent analysis of the implementation of constitutional provisions under the Art. 71 and 72 of the Constitution of the Russian Federation in accordance to which regulation and protection of the constitutional right to education is within the exclusive competence of the Russian Federation, while the general education issues are within the joint competence of the Russian Federation and its constituent subjects. The article provides general characteristics of competence of state government bodies and municipal bodies within the system of guarantees of the right of citizens to have free of charge education, since the right to education is merely declarative if no efficient system of its guarantees exists in Russia. Based upon the analysis, the author establishes that additional guarantees of education (including free of charge education) are provided at the levels of constituent subjects of the Russian Federation and the municipal bodies.
Keywords: education, objects of competence, competence, local issues, joint competence, guarantees, constitutional law, education system, public authority, government bodies.
Trofimova G.A. - Training and certification of scientific and teaching personnel

DOI:
10.7256/2454-0595.2015.11.15362

Abstract: The level of training of scientific and teaching personnel influences the quality of both educational system and scientific activity; therefore it is one of the most important aspects of development of a state. At the same time, the existing system has many drawbacks. It concerns, firstly, the estimation of the value of the scientific and teaching staff or the objectivity of requirements to particular positions and the defined conditions of selection; secondly, the recognition of dissertation papers as worth granting candidate’s or doctor’s degree in accordance with the criteria of quality, but not the “payment”; thirdly, the procedure of preparation of dissertation papers during the period of a postgraduate or a doctoral course and in case of a candidate course; fourthly, the responsibility of all participants of the process of presentation and recognition of dissertations. The author attempts to propose the most appropriate variant of the solution of these problems. The author works within the paradigm of dialectical materialism, applies the general scientific and special methods of cognition, particularly the logical, formal-legal and the systems methods. The paper can be used for the optimization of the existing legislation in the sphere of training and selection of scientific and research and scientific and teaching personnel, including the reduction of corruption in giving the diplomas of a candidate (doctor) of science, provision of an objective approach to the distribution of positions in institutes of higher education and research institutes, elimination of gaps between the organizations, responsible for scientific and research personnel training, and the organizations which provide expert assessment of dissertations. 
Keywords: competition teachers, post-graduate, doctoral, training of scientific personnel, certification of employees of the University, thesis, qualification requirements, the fight against corruption, expert evaluation of the thesis, the quality of dissertations
Trofimova G.A. - Training and certification of scientific and teaching personnel pp. 1178-1187

DOI:
10.7256/2454-0595.2015.11.67092

Abstract: The level of training of scientific and teaching personnel influences the quality of both educational system and scientific activity; therefore it is one of the most important aspects of development of a state. At the same time, the existing system has many drawbacks. It concerns, firstly, the estimation of the value of the scientific and teaching staff or the objectivity of requirements to particular positions and the defined conditions of selection; secondly, the recognition of dissertation papers as worth granting candidate’s or doctor’s degree in accordance with the criteria of quality, but not the “payment”; thirdly, the procedure of preparation of dissertation papers during the period of a postgraduate or a doctoral course and in case of a candidate course; fourthly, the responsibility of all participants of the process of presentation and recognition of dissertations. The author attempts to propose the most appropriate variant of the solution of these problems. The author works within the paradigm of dialectical materialism, applies the general scientific and special methods of cognition, particularly the logical, formal-legal and the systems methods. The paper can be used for the optimization of the existing legislation in the sphere of training and selection of scientific and research and scientific and teaching personnel, including the reduction of corruption in giving the diplomas of a candidate (doctor) of science, provision of an objective approach to the distribution of positions in institutes of higher education and research institutes, elimination of gaps between the organizations, responsible for scientific and research personnel training, and the organizations which provide expert assessment of dissertations. 
Keywords: fight against corruption, qualification requirements, thesis defence, training of scientific personnel, doctoral course, postgraduate course, competition of teachers, expert assessment of the thesis, quality of dissertations
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