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Publications of Kananykina Elena Sergeevna
NB: Administrative Law and Administration Practice, 2013-11
Kananykina E.S. - System of professional education in France. pp. 101-122

DOI:
10.7256/2306-9945.2013.11.781

Abstract: A specific feature of the French system of public education is strict centralization and administrative uniformity, and it lost its topicality in the modern society. The curriculums and programs, school order, assignment, movement, and dismissal of teachers of state educational institutions are regulated in much detail s by regulations, instructions, orders of the Ministry of National Education, and they currently give in to the processes of delegation of competence and self-government.  Redistribution of competences between central and territorial government lead to the situation in which the Ministry of National Education and Culture had to uptake the duty of defining the most general directions of education policy, including establishment of general national standards, training, selection and payment to the school personnel. Decentralization of education is based upon two principles: separation of competence and complement principle. While the state delegated the competence regarding school transportation, functioning, utilities and construction of school institutions to the local territorial bodies, it still guarantees hiring and training of teachers and management of teaching staff.  It defines the main directions of development of national education, as well as the education programs.  The state established status and norms for the functioning of institutions, necessary positions of teaching and administrative staff. The Minister of Education makes decisions regarding vacation dates. The distribution of competence according to complement principle means distribution based upon the stages of education, and not the type of competence, allowing to avoid cross-financing of the same institution by several territorial groups. Each stage of education has its own management level. Decentralization of the education system, on which the decision was made back in 1982, provided for the step-by-step redistribution of competence from state bodies to municipal self-government bodies on three main directions.
NB: Administrative Law and Administration Practice, 2013-10
Kananykina E.S. - Legal Aspect of Globalization of Education Systems in Latin American Countries pp. 89-165

DOI:
10.7256/2306-9945.2013.10.780

Abstract: The analysis of evolution of approaches and theoretical concepts based on Latin American educational reforms over the last twenty years shows that these countries have been developing in several directions but have been mostly aimed at increasing the role of education as a factor of economically stable and socially focused development, and also at management improvement, achievement of general basic education, modernization of educational process, ensuring interaction of education with a labor market and enhancing international cooperation. The main focus of attention of the governments in Latin American countries is paid at modernization of relations in the field of the higher education. For this purpose the government undertakes the following measures: 1 . to adjust terminology and similar assessment criteria so that they allow to facilitate the use of the system of comparability of training courses, 2 . to apply variable standards to incomplete education according to the level of obtained education and taking into account interdisciplinary character of higher education, 3 . to accept training courses, diplomas, scientific degrees and certificates for the purpose of going into further academic studies, 4 . to promote exchange of information and documentation, to improve training programs and training facilities of the region, 5 . to create national and regional authorities necessary for assistance to effective implementation of the Convention provisions. Stage-by-stage achievement of the specified goals becomes possible in case of signing of bilateral, subregional or regional agreements and agreements between higher education establishments. 
NB: Administrative Law and Administration Practice, 2013-9
Kananykina E.S. - The American System of Higher Education pp. 53-78

DOI:
10.7256/2306-9945.2013.9.688

Abstract: According to the Amendment X to the Constitution of the USA, functions of the federal government do not include management of the system of education and indeed , the USA federal government has been taking very little participation in the process of managing the system of education until recently. Modern America demonstrates limited autonomy of regional and local governing bodies of education and educational institutions themselves. It is mostly due to the financing system. Percentage of the state federal allocations for needs of education is growing, but nevertheless they still concede to those sums which are allocated for the needs of USA states and educational districts. Certainly, the decentralized system has to open a bigger scope to development of a local initiative and facilitate carrying out various pedagogical experiments. Decentralization process theoretically shouldn't resist to installations on strengthening of influence of the central public authorities. In the United States of America the higher eduction is under responsibility of states instead of the federal government. Therefore, with insignificant exceptions such as, for example, military academies, the state higher education is recognized and managed at 50 states. About 57 percent of colleges and universities enlisting 23 percent of all students are private noncommercial establishments the majority of which includes the most prestigious colleges and universities and open higher education institutions. The federal government possesses two important functions which are equally applied to both private and state universities: providing students with the financial aid and sponsoring the majority of the researches, in particular, in the field of biomedical and physical sciences.
Politics and Society, 2013-9
Kananykina E.S. -

DOI:
10.7256/2454-0684.2013.9.2487

Abstract:
NB: Administrative Law and Administration Practice, 2013-8
Kananykina E.S. - The system of French higher education. pp. 57-81

DOI:
10.7256/2306-9945.2013.8.687

Abstract: The pronounced national specificities are typical for the French education system. It has its own system of diplomas and scientific degrees, special division into cycles, special attitude towards the diplomas of state educational institutions (being much more prestigious than those of private schools and higher education institutions). From the time when the  Dupanloup Law "On the Freedom of Higher Education" of July 19, 1875 the functioniong of the system of higher education is regulated by national legislative acts, decrees and instructions of the state government bodies. The structure and functions of the educational institutions, curriculums and programs are mostly defined by the Instructions of hte Ministry of National Education in spite of the university authonomy announced by the laws. The specific feature of the French system of public education is strict centralization and administrative uniformity, and it lost its topicality in the modern society. The curriculums and programs, school order, assignment, movement, and dismissal of teachers of state educational institutions are regulated in much detail  by regulations, instructions, orders of the Ministry of National Education, and they currently give in to the processes of delegation of competence and self-government. Decentralization of education is based upon two principles: separation of competence and complement principle. While the state delegated the competence regarding school transportation, functioning, utilities and construction of school institutions to the local territorial bodies, it still guarantees hiring and training of teachers and management of teaching staff. It defines the main directions of development of national education, as well as the education programs. 
Politics and Society, 2013-8
Kananykina E.S. -

DOI:
10.7256/2454-0684.2013.8.2488

Abstract:
Sociodynamics, 2013-7
Kananykina E.S. - System of Modern Education in the Republic of South Africa pp. 73-93

DOI:
10.7256/2306-0158.2013.7.529

Abstract: The national system of the Republic of South Africa (hereinafter RSA) is one of the brightest examples of the polysystemic (mixed) law when the common law of the XIX century was mixed with the Roman-Dutch law. Since the beginning of XX the system of law started to use traditional sources of the common law.  At the present time the RSA is a bright example of the state in the middle of the historical transition from the totalitarian political system with the dominating ideology of racism and apartheid to the state with the liberal democratic political system.  The previous system of education which was under the control of the central Government operated the discriminative practice at all levels of the system of education where the segregation on the grouns of extreme racism dominated. That system was supported by the existence of Departments of Education for people with different skin colour (white, coloured and  black). 
NB: Administrative Law and Administration Practice, 2013-7
Kananykina E.S. - System of education management in Germany. pp. 100-136

DOI:
10.7256/2306-9945.2013.7.686

Abstract: The procedure for distribution of responsibility for educational policy and development planning is due to the federal structure of Germany. Distribution of competences between the federation and the lands is based upon legal and de facto distinction between their legislative, executive, judicial, financial and budgetary competences.  The Basic Law (Constitution) of the FRG of May 23, 1949 provided for differentiation between the implementation of federal laws by the lands as their own, and "upon assignment" of the federation.  As it was noted in legal scholarly literature in 1950s the  center of gravity in legislation was moved to the federation, while the center of gravity for implementation of federal law and management is with the lands.  The communal utilities bodies, having insignificant autonomy elements, also formed the part of administrative system.  Integration inside the European Union, political and social development in the states of the united Europe, and the Paris Charter for the new Europe included some recommendations due to inclusion of Central and Eastern European States into the EU as necessary elements of the modern European education system.  Studying the history for Europe and national history of the European states and traditions, attention to openness to the views of other people, tolerance, coexistence of persons with different languages and customs are now an integral part of system of school education in Germany. School needs to facilitate formation of the connections among the states within the global community, to assist its students in finding their place in the international integration and global cooperation.  The school should help the students to identify themselves with the European culture and traditions, and at the same time the students should learn and accept the geographical variety of European regions, social and political structures of Europe, forces forming the European history, traditions and cultures of its peoples.
Sociodynamics, 2013-6
Kananykina E.S. - Sources of Educational Law in the Socialist System of China pp. 137-158

DOI:
10.7256/2306-0158.2013.6.456

Abstract: Modern China pays much attention to reformation of the system of academic management and regulation, in partiular, advancement of the basic education, constraining of the general education and intensification of the vocational and secondary techical education.  Peculiarities of the economic and social development and hence a new level of competence of the working population (in 9 and 6 grades in town and in the country) create a completely new relation between the general education and vocational training. While European countries raise the question about combining these forms of education on the basis of overall senior school education, China will continue to have these educations as the two different directions for a long time. In the most regions of the country, vocational education exists at the level of secondary or even primary schools. In other words, secondary vocational schools become one of the ways to advance the overall secondary education.  The government, society, school and family secure the right of children and teenagers to mandatory education disregarding their gender, nationality and religion. 
NB: Administrative Law and Administration Practice, 2013-6
Kananykina E.S. - Legal fundamentals of school education in France. pp. 16-31

DOI:
10.7256/2306-9945.2013.6.682

Abstract: Till recently the education legislation of France included over 100 laws, many of which were adopted back in XIX century. Just like in many Western European states, the process of formation of the educational legislation in France was mostly fragmented till late 1960s.  Its specific feature was lack of sustainable generalized legal acts, which would apply to the education system as a whole, or its basic stages. At every stage of development of education system there was need to pass new laws for the regulation and bringing into accordance its various sectors and types of educational activity, for the formation of the new types of educational institutions and defining their statuses, for distribution of competences within  the education system and in its interactions with the other state and social institutions. Due to the above-mentioned causes, the fundamentals of the French legislation on education became a complicated conglomerate of laws old and new, and the sphere of their application was usually limited to specific sectors and even certain elements of education system and specific mechanisms for their functioning.
Sociodynamics, 2013-5
Kananykina E.S. - Quality Standards of American Vocational Education pp. 88-124

DOI:
10.7256/2306-0158.2013.5.527

Abstract: It is well-known that initially the economic growth of the United States of America was caused by the development of mass production when corporations were built according to the 'pyramid' principle. Back in those times all the decisions were made at the vertex of the pyramid. The base of the pyramid consisted of workers who were not expected to demonstrate any intellectual efforts and therefore they did not need any special professional skills to perform their functions.  Quite naturally that the situation has changed with time and workers had to perform more intelligent functions. However, the gap between the need for skilled workers and availability of such workers kept growing. Due to that wages of low-skilled workers kept going down and the level of unemployment kept going up.  Technological changes, restructuring and decline in production accompanied with the growing global competition led to serious changes in the USA economy. 
NB: Administrative Law and Administration Practice, 2013-5
Kananykina E.S. - Ways of formation a common European education zone in the legislations of Czech Republic, Slovakia, Macedonia and Greece. pp. 24-44

DOI:
10.7256/2306-9945.2013.5.683

Abstract: The modern education participates in the process of formation of the new global community, and it is situated at the very heart of the issues regarding personal development and various communities. The purpose of education is to provide everyone with no exceptions with an opportunity to express his talents and creative potential, presupposing that each person should have an opportunity to implement his personal plans. This is a dominant purpose for the formation of a new and more humane world. In order to achieve it, there is need to revise ethical and cultural aspects of education in order to guarantee everyone with the opportunities to understand other people in all of their specificities, to understand the world in its chaotic movement to unity.  The start of this process is related to the ability to understand oneself, to develop inner efforts based upon knowledge, thoughts, experience and reflexion. The article is devoted to the problem of development of education system in the European states in the conditions of changes in legislative fundamentals on school and higher education, as well as on formation of a common European education zone.
Sociodynamics, 2013-4
Kananykina E.S. - The Place of Judicial Precedents in the American System of Education pp. 111-135

DOI:
10.7256/2306-0158.2013.4.457

Abstract: In accordance with the Amendment X to the Constitution of the USA, the functions of the federal government do not include the guidance of the system of education and therefore the federal government of the USA has rarely dealt with such issues until recently.  Modern America is characterized with the decrease in autonomy of the regional and local educational authorities as well as the educational institutions themselves. It goes without saying that the decentralized system leaves a wide room for development of the local initiative, contributes to the conduction of all kinds of pedagogical experiments and takes into better account the local peculiarities influencing the goals and tasks of teaching and up-bringing. At the present time the Constitution of the USA does not refer the education issues solely to the competence of the federal goverment. Supervision of educational institutions and adiption of legal acts on education are carried out at the level of states and local authorities.  Constitutions of almost all states prohibit the usage of social resources for financing any religious institutions including schools. However, there are private educational schools and institutions and most of them belong to religious organizations. Religious education is also performed at Sunday schools and Biblical classes where education is viewed not only as the most importat factor of the economic progress but also as a powerful method of ideological influence on the youth. 
NB: Administrative Law and Administration Practice, 2013-4
Kananykina E.S. - System of the British higher education in the XX century. pp. 1-17

DOI:
10.7256/2306-9945.2013.4.685

Abstract: The education system of Britain differs from other European models, including the Russian system. In comparison with the British system, the German system of professional education may be characterized by a presence of well-interrelated programs developed in accordance with the specific state programs One of the consequences of such an approach is a more limited personal choice in education in comparison with the British system, while it achieves some results.  Additionally, the number of courses is comparatively limited, and a process of studies is less flexible in respect of taking into account the abilities of the students. From the middle of 1980s the process of professional education in Britain was changed considerably due to its weakness and the need to react to the changes in economics and employment.  In particular, the national system of professional qualification was introduced based mostly upon the level of competence in some specific work, rather than having certain knowledge. It allowed to single out 600 professions out of supposed 900. The new rules on loans were passed, allowing the government to stimulate small-scale forms, education of staff and daytime or evening courses for some persons in accordance with the work loans system. Additionally, over 80 councils on education and enterprise councils were formed in England and Wales.  Currently there is a wide range of possibilities for advanced training and higher education both for the organizations and to persons. Both companies and persons are provided for more opportunities to choose form, both in formal education and in the workplace training.
Sociodynamics, 2013-3
Kananykina E.S. - Legislative Environment of Teaching Individuals with Disabilities in the French and USA Systems of Education pp. 74-103

DOI:
10.7256/2306-0158.2013.3.455

Abstract: One of the aspects of humanization of a modern Western school is equal rights for children with disabilities and retardation, in other words, elimination of so called special schools for abnormal children. This refers to creation of an integrated school for children with different abilities and educational opportunities. Traditionally, special education has been oriented at education and teaching not only disabled children but also talented, gifted children (i.e. all groups of 'special' children). Throughout the history of development of special education, the main issue has remained the differentiation between physical and mental disability. The given article offers the reader to learn about legal requirements for education of disabled children in countries with different systems of law - USA and France. 
NB: Administrative Law and Administration Practice, 2013-3
Kananykina E.S. - The US policy on decentralization of schooling. pp. 34-58

DOI:
10.7256/2306-9945.2013.3.681

Abstract: According to the Xth Amendment to the US Constitution the functions of the federal government do not include control over education system and till recently it mostly was not involved in this sphere. The typical feature of modern America is the decrease of autonomy of regional and local education management bodies and schools. This is mostly due to the financial system.  The share of state federal allotments for education is growing, however, they are still lower than the sums assigned for states and educational districts. Of course, a decentralized system should provide a lot of space for development of local initiative, to ease various pedagogical experiments, and to provide better recognition of local educational specificities. But in theory decentralization process should not be opposed to strengthening the central government bodies.
Modern Education, 2013-3
Kananykina E.S. - Legislative History about Formation of the French School pp. 1-17

DOI:
10.7256/2306-4188.2013.3.1138

Abstract: Until recently, education legislation of France included over 100 laws. Many of them were adopted back in XIX century. Just like in some other Western European countries, France had a long process of formation of education legislation. Till the end of the 1960's the process was mostly fragmentary. One of the typical features was the absence of stable generalizing legal acts applicable to the system of education in general and the main stages of education in particular. 
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Administrative and municipal law, 2010-2
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Administrative and municipal law, 2010-2
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Administrative and municipal law, 2010-2
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Philosophy and Culture, 2010-2
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Philosophy and Culture, 2009-9
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Administrative and municipal law, 2009-5
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Administrative and municipal law, 2009-5
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Administrative and municipal law, 2009-5
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Administrative and municipal law, 2009-5
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Politics and Society, 2009-4
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Politics and Society, 2009-4
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