Vol. 1 (2022)

Spis treści

Author: The Editors
Year of publication: 2022
Source: Show
Pages: 3-4
DOI Address: -
PDF: cpls/1/cpls1toc.pdf

SPIS TREŚCI / CONTENTS / ЗМІСТ

Russia’s and China’s Vaccine Diplomacy in Central and Eastern Europe

Author: Alla Atamanenko
Institution: National University of Ostroh Academy
Author: Natalia Konopka
Institution: National University of Ostroh Academy
Year of publication: 2022
Source: Show
Pages: 7-13
DOI Address: https://doi.org/10.15804/CPLS.20221.01
PDF: cpls/1/cpls101.pdf

The article analyzes the causes, implementation strategy, and results of vaccine diplomacy of the People’s Republic of China and the Russian Federation in Central and Eastern Europe. In particular, the activities of China and Russia in Serbia, Hungary, Northern Macedonia, Montenegro, Bosnia and Herzegovina, Albania, Moldova, Belarus, and Ukraine are covered. The main directions, tools, and consequences of the activation of the two states in the region are outlined. The article underlines that China is expanding its strategic goals according to the One Belt One Road Initiative through the so-called Health Silk Road, providing a vaccine to low- and middle-income countries. The goals of the Russian Federation are established more in the geopolitical and political spheres. Russia seeks to reduce the influence of the EU and the US in the CEE region from political, economic, and security perspectives. China and Russia are both allies and competitors. The two countries are trying to gain additional leverage in the CEE region by means of political lobbying, investment, finance, propaganda, Euroscepticism, public opinion manipulation, and soft power. For some time, the shortage of medicine for vaccination, which was caused by giving priority to the population of vaccine-producing countries, contributed to a rather increased activity of the PRC and the Russian Federation in the implementation of the strategy of gaining image benefits.

China Russian Federation Central and Eastern Europe EU Covid19 vaccine diplomacy

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Комунікативний вимір формування і просування публічного іміджу держави

Author: Тетяна Нагорняк
Institution: Vasyl` Stus Donetsk National University
ORCID: http://orcid.org/0000-0002-6416-5774
Author: Микола Польовий
Institution: Vasyl` Stus Donetsk National University
ORCID: https://orcid.org/0000-0001-7283-3528
Author: Сергій Бондаренко
Institution: Vasyl` Stus Donetsk National University
ORCID: https://orcid.org/0000-0002-3990-3667
Author: Анна Осмоловська
Institution: Vasyl` Stus Donetsk National University
ORCID: https://orcid.org/0000-0002-8795-8910
Year of publication: 2022
Source: Show
Pages: 14-27
DOI Address: https://doi.org/10.15804/CPLS.20221.02
PDF: cpls/1/cpls102.pdf

Communicative Dimension of Formation and Promotion of the State`s Public Image

Within the framework of the author’s scientific research, three types of communicative models of the world’s states were identified, which reflect the basic principles of building state information policy and reflect the key characteristics of the political system. Among them are subsidiary, vertical, and transitional models. The institutional method was used to prove the specifics of the state as a political institution that is the bearer of national images, as well as the role and degree of influence of public policy on the formation of ideas about the state in the external information space, on the policy of promoting and transforming these images, with an emphasis on the actions of those states that shape the global political discourse of today. The authors propose an integral model of state’s public image formation, which provides for the synergy of actors of public diplomacy. The result of its implementation is the formation of the components of the state image (regional, multicultural, culinary, educational, expert) together with official products (national symbols, reputation characteristics, socio-economic development indicators, rating indicators and e-diplomacy products) «from below». Both the central government and local communities in the context of the implementation of «bottom-up» policy should be involved in the realization of a successful image formation policy. The authors emphasize that the policy of state’s image formation in the external information space should be considered as a multifaceted component of the foreign policy of the state. The tools, channels and subjects of formation and adjustment of the stateʼs image should be embedded in each of the vectors of foreign policy- in security, diplomatic, economic, social, legal, and directly information vectors.

імідж держави інформаційний простір the image of the state information space policy of state’s image formation integral model of state’s image formation communication models of the states of the world

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Громадянський патріотизм як нова модель патріотизму: теоретико-методологічне обгрунтування

Author: Семенець-Орлова Інна Андріївна
Institution: Interregional Academy of Personnel Management, (Kyiv, Ukraine)
ORCID: https://orcid.org/0000-0001-9227-7426
Author: Михайлич Олександр Володимирович
Institution: National Aviation University
ORCID: https://orcid.org/0000-0003-0353-7391
Year of publication: 2022
Source: Show
Pages: 28-37
DOI Address: https://doi.org/10.15804/CPLS.20221.03
PDF: cpls/1/cpls103.pdf

Citizenship Patriotism as a New Model of Patriotism: Theoretical and Methodological Basis

Based on a sociological survey conducted within the framework of the Swiss-Ukrainian project, the article analyses the state of citizenship of Ukrainians through the prism of developing their patriotic attitudes. The authors make a theoretical attempt to combine the notions of «citizenship » and «patriotism» with a view to their mutual informative reinforcement in the new model of citizenship patriotism. It is determined that the most integrative potential for the successful completion of democratic transit in Ukraine is a model of citizenship patriotism, based on a high level of citizenship competence of individuals (which implies a well-grounded positive assessment of the national realities, the attitude of conscious fulfilment of civil duties and active position of citizens in the field of protection of public interest).

патріотизм patriotism Citizenship citizenship competences citizenship patriotism

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Особливості застосування нормативної сили ЄС для утвердження кліматичних цінностей в Україні

Author: Валерія Гуцалюк
Institution: Національний університет «Львівська політехніка»
ORCID: https://orcid.org/0000-0002-0889-0701
Year of publication: 2022
Source: Show
Pages: 38-47
DOI Address: https://doi.org/10.15804/CPLS.20221.04
PDF: cpls/1/cpls104.pdf

Peculiarities of the EU’s normative power use for the establishment of climate-related values in Ukraine

Intensifying EU authorities’ efforts to overcome the climate crisis, as well as the desire of EU member states to mobilize its neighbours and partners to join them on a green transformation path, once again reaffirms the intention of EU to realize itself as a global promoter of environmental values. Of particular interest is the question of whether the EU could achieve climate neutrality in both Europe and other parts of the world through intensifying its normative power. Taking into account all of the above considerations, the main aim of this article was to determine the peculiarities of the EU’s normative power use in order to establish climate-oriented values in Ukraine by examining three core elements of the normative power concept developed by I. Manners, Professor at Lund University: principles, actions and impact. To achieve this goal, it was essential to consider the key principles of EU environmental policy in the field of climate change, to describe the mechanisms through which the EU promotes them in Ukraine, as well as to determine whether the desired result has been achieved in Ukraine due to EU’s green normative power.

концепція «нормативної сили» concept of normative power EU’s normative power normative impact climate-related values Ukraine European Green Deal Paris Agreement

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Cross-Border Cooperation within the European Neighborhood and Partnership Instrument “Ukraine-Romania-Moldova”

Author: Oleksandr Sokolovskyy
Institution: Lviv Polytechnic National University
ORCID: https://orcid.org/0000-0002-0515-2367
Year of publication: 2022
Source: Show
Pages: 48-60
DOI Address: https://doi.org/10.15804/CPLS.20221.05
PDF: cpls/1/cpls105.pdf

Under the current conditions of expanding globalization, the role of cross-border cooperation in the life of regions and communities is growing and new opportunities are opening up to intensify economic activity in peripheral areas and increase their competitiveness. Cross-border cooperation is aimed at overcoming the negative aspects of the existence of borders and the consequences that have arisen in the border areas due to their location on the national outskirts of states and aims to improve living conditions. Among the main goals of such cooperation are: overcoming existing stereotypes and prejudices on both sides of the border; removing political and administrative barriers between neighboring nations; creation of economic, social and cultural infrastructure, subject to the formation of joint bodies, economic entities, centers, etc. The article describes the main aspects of cross-border cooperation between Romania, Moldova and Ukraine. Romania is an important partner for the countries of Eastern Europe and, as one of the youngest EU countries, has considerable experience that could help partner countries to carry out effective socio- economic reforms and fight corruption. Ukraine-Romania- Moldova cross-border cooperation is part of the European Neighborhood and Partnership Instrument and plays an important role in developing mutually beneficial relations between states, addressing socio-economic, environmental and security issues, and is an effective means of Ukraine’s European integration. The Joint Action Plan “Ukraine-Romania- Moldova” 2007–2013 of the European Instrument has significantly affected the revival of cross-border cooperation between Ukraine, Romania, Moldova, especially the cooperation of local and regional authorities, communities and civil society institutions. During the program, more than 140 projects were implemented, which contributed to the development of transport infrastructure in border areas, energy networks, water and waste management, funded projects for cooperation between universities, research institutes and local authorities. There are positive dynamics of cross-border cooperation between Ukraine and Romania, in particular, important infrastructure projects are being implemented under the “Joint Black Sea Basin Joint Operational Program 2014–2020” and EU Joint Operational Program Romania-Ukraine 2014–2020”.

cross-border cooperation European Neighborhood and Partnership Instrument Ukraine-Romania-Moldova program Upper Prut Euroregion Lower Danube Euroregion Ukraine Romania Moldova трансграничное сотрудничество Украина

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Застосування інституційного підходу при вивченні дозвілля у соціологічній науці

Author: Михайлич Олександр Володимирович
Institution: National Aviation University
ORCID: https://orcid.org/0000-0003-0353-7391
Author: Мотузка Таміла Анатоліївна
Institution: National Aviation University
ORCID: https://orcid.org/0000-0001-8863-7476
Year of publication: 2022
Source: Show
Pages: 61-73
DOI Address: https://doi.org/10.15804/CPLS.20221.06
PDF: cpls/1/cpls106.pdf

У статті зазначено, що нові реалії, які ми спостерігаємо (глобалізаційні процеси, пандемія COVID-19, інформаційні війни і т.д.) спричинюють зміни у всіх сферах суспільного життя. Дозвілля є однією з таких сфер. У зв’язку з цими змінами, трансформаціями та модифікаціями люди вимушені шукати нові шляхи організації свого дозвілля та проведення вільного часу. Звертається увага, що відбуваються зміни форм різних видів діяльності. Зокрема змінюються їх зміст. Підкреслюється, що відповідно до змін у суспільстві мають змінюватися підходи до вивчення людських діяльностей. У статті проаналізовано останні дослідження та публікації, що стосуються організації дозвілля та підходів до його вивчення. Також зазначено, що у вивченні цього питання є аспекти, які ще не були з’ясовані та обґрунтовані в повному обсязі. Звертаємо увагу на те, що вкладається у зміст поняття дозвілля в науковому обігу. Визначено, що дозвілля розглядають у контексті вільного часу, а саме як його частини. Підкреслено, що хоч ці два поняття розглядаються у тандемі, але вони не є тотожними. Сконцентровано увагу на розгляді основних підходів, що виокремлюють в соціології, та їхнього застосування у процесі вивчення питання. Проведений аналіз змісту соціологічних підходів до вивчення дозвілля дав змогу нам зрозуміти, що особливу увагу варто звернути на інституційний підхід. Він на сучасному етапі розвитку соціологічної науки посідає одне з провідних місць. Саме тому було детально розглянуто вивчення дозвіллєвих практик з огляду на інституційний підхід. Зазначено, що, на нашу думку, під час вивчення цього питання в українському суспільстві найбільш доречно та доцільно застосовувати інституційний підхід. Визначено, що цей підхід можна назвати інтеграцією елементів різних підходів. Це, у свою чергу, дає змогу обґрунтувати наші погляди з приводу найбільш оптимального підходу вивчення та дослідження дозвілля в українському соціумі. Сконцентровано увагу на тому, що вибір соціологічного підходу під час вивчення та дослідження певного питання залежить від того, яку мету та завдання ставить перед собою науковець.

дозвілля leisure free time sociological approaches cultural and leisure environment modernity

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Działalność opozycyjna i koncepcje społeczno-polityczne Jana Lityńskiego

Author: Tomasz Kaźmierski
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0002-6650-2711
Author: Krzysztof Nita
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0001-6637-2921
Year of publication: 2022
Source: Show
Pages: 74-84
DOI Address: https://doi.org/10.15804/CPLS.20221.07
PDF: cpls/1/cpls107.pdf

Opposition activity and socio-political concepts of Jan Lityński

The purpose of this article is to introduce Jan Lityński, Polish oppositionist active from late ‘60s to 1989 and to describe his beliefs and opinions about politics, society and his environment. Lityński became an oppositionist against communist government as a student at University of Warsaw and was involved in events known as “March 1968” which led to his imprisonment and made continuing his education impossible. But despite this, Lityński remained in the opposition until the collapse of the communist regime in Poland. He collaborated with the most prominent members of the opposition and wrote texts on political and social issues for various periodicals published in the illegal circulation. As a member of KOR and “Solidarność”, he lost his freedom many times but never let himself be broken or to betray his beliefs. In 1989 he took part in Polish Round Table Agreements that led to the change of the political system. This article was written based on Lityński’s publications from the 1980s and things he wrote and said years after those events. Other sources of information were interviews conducted with Lityński and statements made about him by associates from the opposition period.

Solidarność Komitet Obrony Robotników opposition Polish People’s Republic Jan Lityński opozycja Polska Rzeczpospolita Ludowa

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Основні результати VI Українсько-польського наукового форуму «Східна політика Європейського Союзу: здобутки, виклики та перспективи» (27–28 травня 2021 року, Львів)

Author: Yaryna Turchyn
Institution: Lviv Polytechnic National University
ORCID: http://orcid.org/0000-0002-9114-1911
Year of publication: 2022
Source: Show
Pages: 87-89
DOI Address: https://doi.org/10.15804/CPLS.20221.08
PDF: cpls/1/cpls108.pdf

Młodzież apeluje o ochronę klimatu

Author: Maciej Zasada
Institution: Kancelaria Sejmiku Województwa Warmińsko-Mazurskiego w Olsztynie
Author: Teresa Astramowicz-Leyk
Institution: Uniwersytet Warmińsko-Mazurski w Olsztynie
ORCID: https://orcid.org/0000-0001-5881-2325
Year of publication: 2022
Source: Show
Pages: 90-91
DOI Address: https://doi.org/10.15804/CPLS.20221.09
PDF: cpls/1/cpls109.pdf

O logistyce bezpieczeństwa

Author: Lech Wyszczelski
Institution: Uniwersytet Przyrodniczo-Humanistyczny w Siedlcach
Year of publication: 2022
Source: Show
Pages: 95-96
DOI Address: https://doi.org/10.15804/CPLS.20221.10
PDF: cpls/1/cpls110.pdf

Recenzja książki: Magdalena Molendowska, Paweł Górecki, Piotr Zalewski, Martyna Ostrowska, Logika bezpieczeństwa. Wybrane zagadnienia, Wydawnictwo Adam Marszałek, Toruń 2022, ss. 216

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Spis treści

Author: The Editors
Year of publication: 2022
Source: Show
Pages: 3-4
DOI Address: -
PDF: cpls/2/cpls2toc.pdf

SPIS TREŚCI / CONTENTS / ЗМІСТ

The Economic Integration of the Central and Eastern European Countries into the European Union: Special Reference to Regional Development

Author: Mukesh Shankar Bharti
Institution: Jawaharlal Nehru University
ORCID: https://orcid.org/0000-0002-3693-7247
Year of publication: 2022
Source: Show
Pages: 11-23
DOI Address: https://doi.org/10.15804/CPLS.20222.01
PDF: cpls/2/cpls201.pdf

The purpose of this paper is to research on the Central and Eastern European countries’ (CEECs) economic development after joining the European Union (EU). Moreover, this study highlights the key policies of economic integration into the EU and integration is a success story for the CEE countries. This paper also describes the key indicators and tools of the development model adopted by the CEE countries as a member of the EU. This study covers the period from 2004 to 2021. The objective of this study is to relate to the EU’s economic and trade policies, and how they brought the development to the region after the successful integration. To what extent, the CEE countries could develop their economic position in comparison to the other EU member countries. The research used empirical and comparative analysis methods to search the economic growth and regional development. Through this method, the research answers the questions and tests the hypothesis. The study concludes that the economic integration of the CEECs into the EU is successful. As a result, the development of this region has been accelerated and the EU’s economic policies have successfully been implemented in many countries. Finally, The EU’s economic policy has changed the dynamics of regions’ development and shaped the stronger trade and common market among the member states. The EU’s integration has impacted the gradual economic growth across the CEE countries.

CEECs Regional Development Economic Integration economic policy European Union

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Реформа адміністративної юстиції у Сполученому Королівстві Великої Британії та Північної Ірландії

Author: Володимир Решота [Volodymyr Reshota]
Institution: Ivan Franko National University of Lviv
ORCID: https://orcid.org/0000-0001-9235-2262
Year of publication: 2022
Source: Show
Pages: 24-32
DOI Address: https://doi.org/10.15804/CPLS.20222.02
PDF: cpls/2/cpls202.pdf

Administrative Justice Reform in the United Kingdom of Great Britain and Northern Ireland

The article examines the essence and significance of the institution of administrative justice in the United Kingdom of Great Britain and Northern Ireland. It is noted that the modern Anglo-Saxon model of administrative justice emerged in the early twentieth century, creating a system different from continental European countries to protect the rights of citizens from decisions, actions and inaction of public administration and control them, which plays an important role in public administration. The lack of a unified theory of administrative justice, the chaotic creation of its bodies has led to different interpretations and understandings of the system of administrative justice. It is emphasized that today there is no consensus on the concept, nature and system of administrative justice in the United Kingdom, but a study of various theoretical concepts and opinions in this regard led to the conclusion that the main administrative justice bodies are special quasi-judicial institutions - tribunals. the bulk of administrative disputes in the field of public administration. It is substantiated that the Anglo-Saxon model of administrative justice is characterized by significant differences in the nature of its bodies, historical development, procedural features and so on. The administrative justice of the United Kingdom of Great Britain and Northern Ireland is represented by a system of tribunals empowered to deal with a range of matters concerning illegal decisions, acts or omissions of officials and public authorities. Such tribunals are quasi-judicial institutions that consider and resolve administrative disputes in a procedure that resembles the judiciary, but are not part of the judicial system of the state, thus forming separate bodies with specific functions. Today, the importance of tribunals is constantly growing, from temporary special purpose bodies they are becoming an important element of the justice system. Thus, in recent years, the United Kingdom has been reformed to improve the system of administrative justice, unify and develop common standards for their work. It is analyzed that in 2007, with the adoption of the Act on Tribunals, Courts and Enforcement Proceedings, which entered into force on November 3, 2008, a new period of administrative justice of the United Kingdom began. This law significantly reformed the organizational framework of the tribunal system, as well as created the preconditions for the convergence of the tribunal system and the courts in order to create a single mechanism for protecting the rights and freedoms of individuals. It was emphasized that the modern system of tribunals has ceased to be perceived as a temporary, additional way to protect the rights of the individual, and together with the courts has become an essential part of the system of protection of rights.

quasi-judicial model administrative court tribunal адміністративний суд трибунал UK investigation

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Внесок Нюрнберзького трибуналу у формування норм міжнародного права щодо злочинних організацій

Author: Мирослава Ковалів [Myroslava Kovaliv]
Institution: Lviv State University of Internal Affairs
ORCID: https://orcid.org/0000-0002-9730-8401
Year of publication: 2022
Source: Show
Pages: 33-39
DOI Address: https://doi.org/10.15804/CPLS.20222.03
PDF: cpls/2/cpls203.pdf

The Contribution of the Nuremberg Tribunal to the Formation of the Standards of International Law on Criminal Organizations

The article examines the contribution of the Nuremberg tribunal in the formation of modern international law on criminal organizations. The methodological basis of the study is a systematic analysis of international law on liability for international crimes, the use of comparative law, formal law and other methods, historical analysis of the origin and development of liability for international crimes, generalization of a wide range of normative and practical materials. The evolution of the responsibility of non-governmental organizations that committed international crimes in the period after the Nuremberg Trials is analyzed, in particular the trends and factors that influenced the development of the concept of international criminal responsibility. In characterizing evolution in international law, it is advisable to consider not all changes in international law, but only those that indicate qualitative improvement. The evolution of international law, like all development, is always objective. The enshrinement of the principle of international criminal responsibility in the Statute of the Nuremberg Tribunal constitutes a protective function, which is expressed in the direct application of the norms of international criminal law and international humanitarian law. The development of international law governing the jurisdiction of criminal organizations does not stop. It is noted that with the development of legal certainty of the status of non-governmental organizations, the principles set out in the decisions of the Nuremberg Tribunal on the responsibility of individuals and legal entities under public law for crimes against humanity are developing. The main trends in the development of international criminal law, including the liability of non-state legal entities under public and private law. It is determined that in the period after the Nuremberg Trials, the main direction in the legal definition of liability for war crimes was the development of norms and mechanisms of criminal liability. Criticism of Russian researchers’ views on the responsibility for international crimes of non-governmental organizations committed in other countries, who believe that non-governmental organizations in this case can not be recognized as criminal organizations. It is stated that international law does not contain a clear line between formally defined organizations - legal entities recognized as subjects of national law, and criminal groups, whose legal status can be recognized from the standpoint of the decisions of the Nuremberg tribunal. International legal norms on this issue should be devoted to identifying the criminal nature of the group and the establishment of criminal consequences for members of the criminal group. Dissemination of international legal responsibility for war crimes, crimes against humanity committed during armed conflicts of international and non-international nature, the modern concept of international humanitarian law.

Nuremberg principles international criminal law юридична відповідальність недержавні організації legal responsibility international crimes non-governmental organizations

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Право на тіло: в полоні соціокультурного та юридичного дискурсів

Author: Алла Демичева [Alla Demicheva]
Institution: Dnipropetrovsk State University of Internal Affairs
ORCID: https://orcid.org/0000-0002-2997-3020
Year of publication: 2022
Source: Show
Pages: 40-48
DOI Address: https://doi.org/10.15804/CPLS.20222.04
PDF: cpls/2/cpls204.pdf

A Right for a Body: in Captivity of Socio-Culture and Juristic Discourses

The human body in the conditions of (post) modernity becomes significant both from the point of view of the person and from the regulatory discourses in which this significance is fixed. Therefore, there is talk about having the right to a body, the implementation of which is problematic, because the body is controlled by various discourses, including socio-cultural, economic, media, medical, legal and others. The article deals with the right to a body, which can be considered in the context of the theory of generations of human rights and attributed to the fourth generation of human rights - somatic rights. In the socio-cultural perspective, the right to the body can be seen as the right to free bodily existence outside the controlling gaze, the choice of one’s own appearance (shape, weight, level of care, etc.), one’s own sexuality, marriage partner. At the same time, society has a system of rules that determine bodily norms and deviations, the conditions under which they are formed and exist and the characteristics according to which they are determined, the pool of experts who can dictate and evaluate, and categories of people depending on their compliance to those norms. First of all, such a strict normative view is aimed at women, which leads to a variety of negative consequences, including extreme forms of violation of the right to the body, including severe injuries. The existence of the norm is supported by discrimination against non-compliant social groups or stigmatization of inappropriate bodily practices. However, a person has the inalienable right to choose what to do with his/her own body, to take care of it, to express himself/herself by any means, i.e. he/she has the right to bodily autonomy and non-violence. The quality of his/her life depends on this direction. In Ukrainian society, the exercise of the right to the body is associated with both the existing socio-cultural discourse that legitimizes bodily norms and legal discourse that defines certain bodily practices as significant and therefore regulated by law (this includes birth / reproductive rights, including abortion and artificial insemination, euthanasia, cloning, gender reassignment).

четверте покоління прав людини соматичні права fourth generation of human rights somatic rights bodility objectification discourse lucism transgenderism euthanasia cloning bodily discrimination

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Зарубіжний досвід закріплення права народу на участь у законотворчості

Author: Андрій Голдовський [Andrii Holdovskyi]
Institution: Taras Shevchenko National University of Kyiv
ORCID: http://orcid.org/0000-0002-5733-0225
Year of publication: 2022
Source: Show
Pages: 49-56
DOI Address: https://doi.org/10.15804/CPLS.20222.05
PDF: cpls/2/cpls205.pdf

Foreign Experience of Establishing the Right of the People to Participate in Legislation

The article analyzes the foreign experience of consolidating the right of the people to participate in lawmaking. The following conclusions were made in the course of the research: in general, there are two common approaches to determining the minimum number of persons (only citizens who have the right to vote): proportional (the proportion of the total number of voters is set); quantitative (a clear number of voters is determined, whose initiative is sufficient to be considered “popular”. Foreign experience in the forms of people’s participation in law-making is extremely multifaceted, as it provides a wide variety of forms, which we think should be classified according to the criterion of bilateral obligations and the level of inclusiveness of Parliament in relations with the people. It should be noted that we see the greatest efficiency in the implementation of such forms of direct participation of the people in lawmaking, namely: legislative initiative; referendum; activity of consultative and advisory bodies, and the people’s veto should be considered as a kind of referendum, with a complex structure and mechanism for implementation. The existence of the limits of people’s access to participation in law-making is analyzed and it is determined that most of the Constitutions of states declare the inadmissibility of putting to a referendum issues related to: tax and budget system, international activities, amnesty. Instead, we believe that the wording of the Swiss Constitution is extremely accurate. The first set of issues on which the people have the right to initiate legislation is identical to the range of issues considered by Parliament. As for the Swiss Constitution, it gives extremely broad initiatives to the people not only at the level of the state as a whole, but also at the level of the cantons. Thus, we conclude that the right of the people to participate in lawmaking is an integral part of the system of democratic rights and freedoms, and the trend we see based on the analysis of the Constitutions of democracies shows a trend towards expanding models and forms of such participation. what should be taken into account during the constitutional and legal regulation of this issue in Ukraine.

референдум lawmaking popular veto constitutional law direct democracy referendum

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Співвідношення понять організатор та володілець атракціону як суб’єкта відповідальності в деліктних зобов’язаннях

Author: Володимир Бабійчук [Volodymyr Babiichuk]
Institution: Leonid Yuzkov Khmelnytskyi University of Management and Law
ORCID: https://orcid.org/0000-0003-2960-4054
Year of publication: 2022
Source: Show
Pages: 57-67
DOI Address: https://doi.org/10.15804/CPLS.20222.06
PDF: cpls/2/cpls206.pdf

The Correlation between the Manager and the Owner of the Attractions as a Subject of Responsibility in Tort Legal Relations

The article focused on the subject of tort liability for damage caused by the activities of the attractions. Particular attention is paid to the history of the concept of «owner of a source of increased danger» in the context of the owner of the attractions. Fundamental historical monuments of civil law of Ukraine have been studied. Documents such as Russ’ka Pravda; The Six Books of Constantine Armenopoulos in 1345; Lithuanian statutes; Cathedral Act of 1649; «The Rights of the Malorussian People» of 1743; Galician Civil Code of 1797; Napoleon’s Civil Code of 1804; The Collection of Malorussian Rights of 1807; Code of Civil Laws (as amended by the Law of June 4, 1912); Civil Code of the Russian Empire; Civil Code of the Ukrainian SSR of 1963; Fundamentals of the civil legislation of the USSR in 1991; current Civil Code of Ukraine were analyzed. Approaches to the understanding of the owner of the attractions as a person who: operates the source of the damage; owns the source of the damage; is obliged to maintain the source of the damage. The owner of the attractions is considered outside the legal framework of «the owner of the thing». There is a statement that human activity in the form of highly dangerous mobile environment is the basis for the formation of the source of harm – the attractions. It is concluded that the inseparable link between the activities of economic entities and the attractions, allows you to identify the responsible person of such a source through the entity that operates. There is a statement that the concept of «owner of the attractions» does not correspond to the modern realities of civil law, so there is a need to introduce into the conceptual apparatus of a specialized subject of liability for damage caused by the attractions. It is noted that the basis of the subject’s activities in relation to the activities of the attractions is not the ownership of the attractions and not its management, but the organization of its activities, namely the establishment of all processes since the creation of a legal entity or individual entrepreneur; development of plans and projects of attractions; installation of the attractions, its testing; selection and cohesion of personnel (operators); security; establishing a clear workflow of the attractions. The interpretation of the word «organize» is analyzed, and it is suggested that the special subject of responsibility for the damage caused by the attractions to determine «the organizer of the attractions». It is noted that the actual ownership of the attractions is carried out by persons who can be divided into two categories: the owner of the attractions and the organizer of the attractions. At the same time, when the owner uses the attractions in his activities, he also becomes the organizer. The features of the attractions organizer are highlighted and the author’s definition of the term «the attractions organizer » is proposed.

liability the attractions maintenance exploitation експлуатація відповідальність possession organization

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Методологічні аспекти розуміння верховенства права в Україні

Author: Марина Бурдоносова [Maryna Burdonosova]
Institution: State University of Infrastructure and Technology
ORCID: https://orcid.org/0000-0003-1050-6892
Year of publication: 2022
Source: Show
Pages: 68-75
DOI Address: https://doi.org/10.15804/CPLS.20222.07
PDF: cpls/2/cpls207.pdf

Methodological Aspects of Understanding the Rule of Law in Ukraine

The ideal of the rule of law has long been an essential component of international legal instruments, especially on human and civil rights and freedoms. Modern realities of 2022 remind the world that without the rule of law at all political and legal levels and in all countries, the world can return to the barbaric way of resolving conflicts “who is stronger, that’s who is right”. The author`s experience of teaching of the discipline “Methodology of application and interpretation of the rule of law” for students of “Master” degree, shows some difficulties in students’ understanding of such a complex phenomenon as “rule of law”. In order to simplify its understanding at the initial stage of study, it proved methodologically appropriate, using the method of structural-genetic analysis and synthesis, to depict the rule of law as a pyramid consisting of principles and elements already studied by junior students. In this way, students systematize knowledge, focus on important aspects of already learned material and realize the need for acquired knowledge, “including” them into new material. One of the leading places is given to the principle of the rule of law in the Constitution of Ukraine (Article 8). Despite the acquisition of the rule of law as a global ideal, its concept, according to many Western jurists, still remains “essentially controversial”. The author presents a visual image of the rule of law, adapted to the Romano-Germanic legal family in the translation of certain terms, which facilitates its understanding. Taking into account the studied principles, the pyramid of the structure of the rule of law consists of the following elements, starting from the basic level, the so-called “foundation”: right to assemble, in Ukraine the freedom of peaceful assembly is analogous; democracy through formal legal processes - democratic procedures; access to justice; freedom of speech / press; right to silence; presumption of innocence; fair trial & independence of judiciary; citizens and government are accountable by the law (responsible before the law); equality before the law. The analysis of structural elements and visual representation of the pyramid of “rule of law” is the purpose of this scientific article. This methodological approach has proven itself in teaching the theoretical foundations of the rule of law and to help students master this complex phenomenon.

основоположні принципи права

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Гарантії дотримання норм професійної етики суддею, прокурором і адвокатом (на прикладі України)

Author: Віталій Марюхно [Vitaliy Maryukhno]
Institution: Yaroslav Mudryi National Law University
ORCID: https://orcid.org/0000-0002-3240-6377
Year of publication: 2022
Source: Show
Pages: 76-85
DOI Address: https://doi.org/10.15804/CPLS.20222.08
PDF: cpls/2/cpls208.pdf

Guarantees of Compliance with Professional Ethics by Judge, Prosecutor and Barrister (on the Example of Ukraine)

The scientific article is devoted to guarantees of compliance with professional ethics by judges, prosecutors and lawyers. The purpose of the article is the scientific development of the problems of guarantees of compliance with the professional ethics of the judge, prosecutor and lawyer by defining the concept of guarantees of compliance with professional ethics, defining the main varieties of these guarantees, as well as providing their general characteristics. The scientific article formulates the concept of guarantees of compliance with professional ethics as special legal means aimed at ensuring compliance of professional activity and out-of-service behavior of representatives of relevant legal professions with ethical requirements, prevention of violations of professional ethics and elimination of their negative consequences. The main types of guarantees of compliance with professional ethics by judges, prosecutors and lawyers, namely: ethical selection; making an oath; development and approval of codes of ethics; study of ethics; activities of the relevant authorized bodies; responsibility for ethics violations. It is concluded that these guarantees are typical for representatives of various legal professions, due to the unified legal nature of the rules of professional ethics for lawyers. In view of this, the further development of such guarantees is seen in their unification and improvement of the regulatory regulation of the professional ethics of judges, prosecutors and lawyers, as well as the practice of its application. It is proved that these guarantees constitute an orderly system, that in unity and interconnection allows to establish certain ethical rules and norms, to bring them to the attention of interested persons, to determine the state of their observance and to ensure the most complete implementation in professional activity. Based on the analysis of the current legislation of Ukraine on the judiciary and the status of judges, the prosecutor’s office and the bar examined in detail the content of each of these guarantees. Their influence on the observance of professional ethics of judges, prosecutors and lawyers is determined.

професійна етика legal liability ethical code lawyer prosecutor judge legal guarantees professional ethics юридична відповідальність

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Вплив правового режиму воєнного стану на забезпечення права на таємницю кореспонденції в Україні

Author: Аліна Левченко [Alina Levchenko]
Institution: Kyiv National Economic University named after Vadym Hetman
ORCID: https://orcid.org/0000-0002-0221-3937
Year of publication: 2022
Source: Show
Pages: 86-95
DOI Address: https://doi.org/10.15804/CPLS.20222.09
PDF: cpls/2/cpls209.pdf

The Influence of the Legal Regime of Maritime on Ensuring the Right to the Secret of Correspondence in Ukraine

The article is devoted to the study of the influence of the legal regime of martial law on ensuring the constitutional right to secrecy of correspondence, telephone conversations, telegraph and other correspondence. Martial law and restrictions on human rights and freedoms are not common in any country in the world. However, today, in connection with the imposition of martial law in Ukraine due to Russia’s armed aggression against Ukraine, this topic is quite relevant. The author investigates the essence of restrictions on human rights and freedoms in martial law, legal grounds, models, conditions and principles of restrictions on human rights and freedoms in martial law, in particular the right to secrecy of correspondence. The foreign experience of martial law in the country and restrictions on the right to secrecy of correspondence and other human rights and freedoms under such conditions are considered. The mechanism of martial law in Ukraine or in some of its territories is analyzed, its shortcomings are identified, which can significantly affect human rights and freedoms in martial law. A comparative description of the Ukrainian and foreign mechanisms of martial law and restrictions on human rights under martial law has been made. In order to avoid unjustified or illegal restriction of the human right to secrecy of correspondence in wartime, substantiated recommendations are provided to eliminate the shortcomings of the mechanism of martial law in Ukraine.

martial law the right to secrecy of correspondence legal regime Constitution limitation воєнний стан

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Удосконалення кримінального законодавства України в умовах російсько-української війни 2022 року

Author: Віталій Марюхно [Vitaliy Maryukhno]
Institution: Tavriski Christian Institute
ORCID: http://orcid.org/0000-0002-8732-1151
Year of publication: 2022
Source: Show
Pages: 96-106
DOI Address: https://doi.org/10.15804/CPLS.20222.10
PDF: cpls/2/cpls210.pdf

Improvements of Criminal Legislation of Ukraine in the Conditions of the Russia-Ukraine War of 2022

The article is devoted to the review of the amendments to the Criminal Code of Ukraine adopted by the Verkhovna Rada of Ukraine during the first month since the beginning of the next act of armed aggression of the Russian Federation against Ukraine. The analyzed period is limited to the timeframe from February 24 to March 25, 2022. During this period, the Ukrainian parliament adopted 10 pieces of legislation related to amendments to the Criminal Code of Ukraine. It is noted that the relevant amendments to the legislation were made throughout Ukraine during the period of martial law. The main purpose of the adopted changes was to strengthen criminal liability for crimes committed during martial law and criminalize certain acts that have not yet provided for the occurrence of criminal liability. The first law to supplement the criminal legislation of Ukraine during martial law was the law on collaboration. Collaborative activities are now understood as a fairly wide range of criminal acts: public denial of armed aggression against Ukraine; public appeals to support the decisions and/or actions of the aggressor state; propaganda in educational institutions, voluntary employment in illegal authorities, etc. Also, the Criminal Code of Ukraine is supplemented with articles criminalizing the threat of murder of a serviceman (including production/distribution of materials containing such a threat) and justification, recognition of legitimate, denial of armed aggression of the Russian Federation against Ukraine (including production/distribution of relevant materials). In terms of liability for treason and sabotage, the legislator strengthened the liability of perpetrators to life imprisonment with confiscation of property (if the relevant crimes were committed under martial law). A separate law stipulates that civilians are not criminally liable for the use of firearms against persons who carry out armed aggression against Ukraine if such weapons are used in accordance with the requirements of a special law. Criminal liability for theft, robbery, banditry, and extortion has been strengthened. Responsibility for looting has also been strengthened. The Verkhovna Rada of Ukraine also passed a law recognizing the fulfillment of the duty to protect the Fatherland, independence, and territorial integrity of Ukraine as a circumstance that excludes criminal wrongdoing. Laws were also passed to increase criminal liability for cybercrime, establish liability for the illegal use of humanitarian aid, and disseminate information on the relocation, movement, or position of the Armed Forces of Ukraine).

martial law the right to secrecy of correspondence legal regime Constitution limitation воєнний стан право на таємницю кореспонденції

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Matki demokracji. Zaangażowanie kobiet w walkę o wolną Polskę w latach 80.

Author: Wiktoria Stasiak
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0003-4473-4180
Author: Gabriela Zwoleń
Institution: Uniwersytet Rzeszowski
ORCID: http://orcid.org/0000-0002-9309-408X
Year of publication: 2022
Source: Show
Pages: 107-118
DOI Address: https://doi.org/10.15804/CPLS.20222.11
PDF: cpls/2/cpls211.pdf

The Mothers of democracy. The involvement of women in the fight for a free Poland in the 1980s

The purpose of this article is to present a cross-section of the 1980s in Poland from the perspective of female protagonists and to describe the role they played in the process of democratic changes, their involvement in the active opposition, strikes and later the Solidarity underground. The aim is to describe how they coped with everyday struggles, what roles they took on in life and highlight their contribution to the gradual liberation from the communist regime. Women took an active part in the struggle for Poland’s independence. Women described in this article manifested their opinions on politics, labor and civil rights. In presenting the activities of women’s resistance, the authors took into account gender and cultural perspectives. The article was written based on historical publications, interviews with witnesses of the aforementioned events and opposition activists themselves, as well as articles on the subject.

women activisation aktywizacja kobiet Solidarność Walcząca feminizm feminism Polska Rzeczpospolita Ludowa kobiety Solidarność women Solidarity

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Report on the promotion event of Chinese literature “Humor and reality in literature: Liu Zhenyun’s works sharing event”, Toruń, June 20, 2022

Author: Bartosz Kuczyński
Institution: Nicolaus Copernicus University in Toruń
ORCID: https://orcid.org/0000-0003-1231-6320
Author: Iga Bączkowska
Institution: Nicolaus Copernicus University in Toruń
ORCID: https://orcid.org/0000-0001-7053-8429
Year of publication: 2022
Source: Show
Pages: 123-124
DOI Address: https://doi.org/10.15804/CPLS.20222.13
PDF: cpls/2/cpls213.pdf

Spis treści

Author: The Editors
Year of publication: 2022
Source: Show
Pages: 3-4
DOI Address: -
PDF: cpls/3/cpls3toc.pdf

SPIS TREŚCI / CONTENTS / ЗМІСТ

Реалізація принципу заступництва в міжнародному гуманітарному праві. Особи, що потребують заступництва під час збройних конфліктів

Author: Оксана Сокиринська [Oksana Sokyrynska]
Institution: Білоцерківський національний аграрний університет [Bila Tserkva National Agrarian University]
ORCID: https://orcid.org/0000-0001-5171-2372
Author: Інна Ковальчук [Inna Kovalchuk]
Institution: Білоцерківський національний аграрний університет [Bila Tserkva National Agrarian University]
ORCID: https://orcid.org/0000-0002-1804-4189
Year of publication: 2022
Source: Show
Pages: 7-12
DOI Address: https://doi.org/10.15804/CPLS.20223.01
PDF: cpls/3/cpls301.pdf

Implementation of the Principle of Advocacy in International Humanitarian Law. Persons in Need of Advocacy during Armed Conflicts

The article is devoted to the issue of topical issues of implementation and guarantee of the principle of protection of international humanitarian law. Advocacy is seen as protection not from the inevitable violence of war as such, but from arbitrariness caused by one warring party against persons belonging to the other warring party who came under the rule of the former during the war. One of the most important principles of international humanitarian law is that all persons who fall into the power of the enemy have the right to be treated humanely, regardless of their status and previous function or activity. International humanitarian law explicitly authorizes the parties to a conflict to take such control or security measures against persons under their control as may be necessary due to war. The right to protection is absolute and applies not only to persons deprived of their liberty, but also, more broadly, to the inhabitants of the territory under the control of the enemy. For example, the armed aggression of the Russian Federation against Ukraine, we can observe partial or complete disregard for the principle of patronage. If there are problems with the implementation and guarantee of the principles of international humanitarian law, states decide on their interpretation, primarily by international courts (these are special international criminal tribunals organized in connection with specific conflicts, the International Criminal Court and, of course, the International Court of Justice). UN) and tribunals, full-fledged decision-making on cases related to violations of international regulations.

combatants guarantees of international law belligerents intercession principles of international law принципи міжнародного права armed conflict

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Адміністративно-правове регулювання нотаріальної таємниці в Україні

Author: Елла Крістєва [Ella Kristieva]
Institution: Одеський національний університет імені І. І. Мечникова [Odesa I. I. Mechnikov National University]
ORCID: https://orcid.org/0000-0003-0990-4703
Year of publication: 2022
Source: Show
Pages: 13-21
DOI Address: https://doi.org/10.15804/CPLS.20223.02
PDF: cpls/3/cpls302.pdf

Administrative and Legal Regulation of Notarial Secrets in Ukraine

The article is devoted to the issue of administrative and legal regulation of notarial secrecy in Ukraine. Analyzing the issues, we note that this issue becomes especially important in terms of legal reform of the country. The interests of man as a subject of society must be an important aspect of such a state. The main issue of building the rule of law should be the protection of the rights and legitimate interests of individuals and legal entities, which is the legal regulator of the state and level of development of civil society. Today in Ukraine there are many scientific discussions about the institute of notary, because in the current conditions of society, the profession of notary has taken a special place among the legal professions. Preservation of notarial secrecy strengthens public confidence in the notary and is one of the important rules of the notary, which ensures its authority, protection of notarial secrecy is a guarantee of notarial acts performed by notaries activities. Today, the legal system of Ukraine is in a state of comprehensive reform, which is due to the construction of a social, democratic, legal state. The world is undergoing constant changes of a legal nature, which also affect the domestic institution of notaries, and therefore some of its elements will always need to clarify the legal nature, nature and relationship with government and civil society. Every day, thousands of citizens and representatives of legal entities apply to notaries and officials entrusted with the performance of notarial acts on the basis of transaction certificates or other notarial acts. Since its inception, the notary is a unique institution of preventive justice, designed to ensure the clear realization of the rights and legitimate interests of participants in civil traffic in order to prevent the latter from appealing to the courts for protection. Carrying out notarial acts on behalf of the state, notaries are a key part of an effectively functioning legal system and an integral part of a democratic state governed by the rule of law.

нотаріус Notary notarial activity administrative and legal regulation of notarial activity notarial secret subject of notarial secret

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Об’єкти цифрових технологій та їхнє правове регулювання

Author: Євген Мічурін [Ievgene Michurin]
Institution: Харківський національний університет імені В. Н. Каразіна [V. N. Karazin Kharkiv National University]
ORCID: https://orcid.org/0000-0003-4283-4604
Year of publication: 2022
Source: Show
Pages: 22-29
DOI Address: https://doi.org/10.15804/CPLS.20223.03
PDF: cpls/3/cpls303.pdf

Digital Technology Objects and their Legal Regulation

Problem statement. With the further development of digital technologies, their introduction into public life will deepen. The process of implementing digital technologies in law is currently underway. Depending on the subject and method of its legal regulation, the law includes the specified social relations in the sphere of the corresponding legal regulation. Due to the novelty of relationships with digital objects, their wired regulation is under development. Currently, the scientific problem is the classification of digital objects. The legal nature of these objects needs to be clarified. The aim of the work is to identify trends in the legal regulation of digital technology. The tasks are: to find out the directions of development of legal doctrine on objects of digital technologies; to determine the directions and essence of legal regulation of digital technology objects (in particular, in private law). Research methods. The formal-logical method is used in the study of theories to determine the lens of digital technology. The dialectical method is used to define the lens of digital technology in the legal system: private law, public law. The system-structural method allowed to study the objects of digital technologies in the system of private law. The logic of the study is built from general ideas about the objects of digital technology in law to the individual features of such objects in private law. Results. It was found that there are the following approaches to the study of digital technologies: technocratic, complex law, special law. The special legal approach has the following directions: public law, private law and research of digital technologies as an object of intellectual property law. The peculiarities of legal terminology are analyzed, namely: „virtual assets”, „virtual goods”, „digital things”, „digital technology objects”. The word „virtual asset” is inherent in economic terminology. In private law, it is more correct to use the concept of „virtual good”. The concept of absolute rights is studied. Conclusions. The possibility of applying the concept of property rights to the legal regulation of digital technologies has been proved. Features of digital technology ownership have been identified. It is proposed to consider the de facto owner of a digital technology object as a person who has access rights to it. This access is through authentication and verification. That is, entering the login and password of the appropriate user. The application of classifications of contracts in civil law to digital technology objects is analyzed. In particular, for legal purposes: agreements on the transfer of ownership, rights of use, provision of services, performance of works. It has been found that these classifications can be applied to them, taking into account the characteristics of digital technology objects.

об’єкти цифрових технологій digital technology objects virtual property virtual goods cryptocurrency

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Судові рішення суду касаційної інстанції в адміністративному судочинстві України

Author: Катерина Володимирівна Стафійчук [Kateryna Volodymyrivna Stafiichuk]
Institution: Львівський національний університет імені Івана Франка [Ivan Franko National University of Lviv]
ORCID: https://orcid.org/0000-0003-4146-2685
Year of publication: 2022
Source: Show
Pages: 30-38
DOI Address: https://doi.org/10.15804/CPLS.20223.04
PDF: cpls/3/cpls304.pdf

Judicial Decisions of the Court of Cassation in Administrative Proceedings of Ukraine

The article analyzes the legal nature of court decisions of the Supreme Court as a court of cassation in the administrative proceedings of Ukraine. The concept and role played by court decisions of the court of cassation in administrative proceedings are defined. The types of court decisions of the Supreme Court as a court of cassation in the administrative proceedings of Ukraine are systematized. It is emphasized that the Supreme Court as a court of cassation within the limits set by the Code of Administrative Procedure of Ukraine, adopts rulings and rules. The decision on the cassation appeal is essentially made in the decision, which is final and not subject to further appeal. At the same time, the Code of Administrative Procedure of Ukraine provides for the possibility of adopting an additional resolution. It is emphasized that additional court decisions are made when all procedural issues have not been resolved by a ruling, in particular the issue of court costs. Such an additional decision is made by the court of cassation, which issued the main decision in the case. The content and structure of resolutions and rulings of the court of cassation in the administrative proceedings of Ukraine are studied. It is noted that although the procedural law distinguishes four components of court decisions: introductory, descriptive, motivational and operative parts, the Supreme Court in its rulings proposes a broader structure of court decisions. Many decisions of the Supreme Court reflect the following elements: introduction; the essence of the dispute; the factual circumstances of the case established by the courts; decisions of courts of first and appellate instances and motives for their adoption; cassation appeal; relevant sources of law and acts of their application; the position of the Supreme Court; court costs; operative part. It is emphasized that important in terms of resolving the case in fact play resolutions, which formalize the completion of the case, address the main issues and requirements of the cassation appeal, as well as the response to the cassation appeal. It is noted that the decisions are made on various procedural issues related to the progress of the case, motions and applications of the parties, the issue of adjournment of the case, adjournment, suspension of proceedings, etc. The type of judicial acts of the Supreme Court is singled out as a separate ruling by which the court can respond to violations of the law, in particular for abuse of procedural rights, violation of procedural duties, improper performance of professional duties by lawyers or prosecutors. which may bring the relevant persons to disciplinary responsibility.

Верховний Суд Supreme Court cassation proceedings decision ruling separate ruling cassation appeal

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Удосконалення охорони промислових зразків в умовах реформування національного законодавства

Author: Тамара Василівна Ярошевська [Tamara Vasylivna Yaroshevska]
Institution: Дніпропетровський державний університет внутрішніх справ [Dnipropetrovsk State University of Internal Affairs]
ORCID: http://orcid.org/0000-0001-5525-1681
Year of publication: 2022
Source: Show
Pages: 39-45
DOI Address: https://doi.org/10.15804/CPLS.20223.05
PDF: cpls/3/cpls305.pdf

An Improvement of Protection of Industrial Designs in Conditions of Reforming the National Legislation

In conditions of construction and functioning of innovative model of economy, of a necessity of creation and introduction of new technics and advanced technologies in manufacture the right to results of scientific and technical creativity acquires importance. The vast majority of scientific works of authors devoted to an analysis of the legal protection of industrial property, concerns only certain aspects of problematic issues of legal regulation of relations arising in the protection of industrial designs in the conditions of European integration of Ukraine. Therefore, there is a need for theoretical research on issues related to the improvement of Ukrainian legislation in this area to the legislation of the European Union. The article considers the problems of bringing the institute of industrial designs of Ukraine in line with the legislation of the European Union. The ways of improvement of the legislation of Ukraine in the field of protection of the rights to industrial designs to the European norms are offered. The concept of „industrial design” in the relevant national legislation has been improved. Emphasis is placed on the expediency of expanding the range of products, an appearance of which may receive legal protection in Ukraine as industrial designs. It is proposed to harmonize the relevant national legislation with the Civil Code of Ukraine on the validity of intellectual property rights to registered and unregistered industrial designs. It is concluded that Ukraine’s aspiration for European integration presupposes taking into account the positive experience of the relevant legislation of the European Union member states. Since measures aimed at introducing effective mechanisms for the protection of rights to industrial property objects are determined by the course of Ukraine’s accession to the European Union, therefore they are determined by the need to comply with European norms for such protection. However, it is emphasized that it is important not just to copy certain approaches to the protection of industrial property rights, which are enshrined in European Union law, but a systematic scientific approach to internal coherence and consideration of all elements of positive national law. The strength of scientific and technical, economic and legal development of Ukraine and the formation of an effective innovative model of the national economy depends on this.

industrial design objects of law industrial property промислова власність association agreements European integration

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Механізм оскарження та способи перевірки висновку експерта в кримінальному провадженні

Author: Василь Петрович Жмудінський [Vasyl Petrovych Zhmudinskyy]
Institution: адвокат, кандидат юридичних наук, магістр права
ORCID: https://orcid.org/0000-0002-1439-128X
Year of publication: 2022
Source: Show
Pages: 46-54
DOI Address: https://doi.org/10.15804/CPLS.20223.06
PDF: cpls/3/cpls306.pdf

Mechanism of Appeal and Methods of Verification of the Expert Opinion in Criminal Proceedings

The article is devoted to the study mechanisms of appeal and methods of verification of the expert opinion in criminal proceedings. It is proved that the expert opinion, as well as other collected evidence, should be verified for its compliance with the requirements of the legislation and consistency with the case materials, and if violations are detected during its preparation, such an opinion should be subject to appeal. It is indicated that the methods of verifying the expert opinion are defined by articles 332 and 356 of the Criminal Procedure Code of Ukraine. However, the peculiarity of carrying out this verification of the expert opinion is that such verification is possible only at the stage of judicial proceedings, while the current Criminal Procedure Code of Ukraine does not provide for a mechanism for verifying the expert opinion at the stage of pre-trial investigation. Attention is drawn to the fact that despite the absence of a legally defined mechanism for appealing an expert opinion in accordance with the norms of the Criminal Procedure Code of Ukraine, a party to criminal proceedings is not deprived of the right to appeal against such an opinion in a different order, namely by submitting to the Central Expert Qualification Commission of the Ministry of Justice of Ukraine an application for initiating disciplinary proceedings against an expert who violated the current legislation during the relevant expert examination. The grounds for submitting this application for initiation of disciplinary proceedings are: non-compliance of the expert’s specialty with the type of expert examination conducted by it; non-compliance of the content of questions put to the expert’s decision with the requirements of scientific and methodological recommendations; application by an expert of improper methodology of forensic examination; conducting expert research to clarify issues of law. It is argued that if, as a result of a review of the disciplinary responsibility of a forensic expert, it is found that he violates the norms of current law, then such an expert will be held disciplinarily liable, and the expert’s expert opinion drawn up by such an expert will be considered inadmissible evidence.

expert opinion special knowledge criminal proceedings evidence appeal trial висновок експерта

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Дискусійні аспекти проблематики правового міфу

Author: Олена Рогова [Olena Rohova]
Institution: Харківський національний економічний університет імені Семена Кузнеця [Simon Kuznets Kharkiv National University of Economics]
ORCID: https://orcid.org/0000-0003-4482-0847
Year of publication: 2022
Source: Show
Pages: 55-62
DOI Address: https://doi.org/10.15804/CPLS.20223.07
PDF: cpls/3/cpls307.pdf

Discussive Aspects of the Issue of Legal Myth

The axiological aspects of legal myth and mythological perception of reality were analyzed and it was found that several interrelated properties of the studied myth can be identified, which allow to assert the thesis about its own and instrumental value. In particular, the intrinsic (ontological) value of legal myth is manifested in the formation of a certain sign system, which is a reflection of legal reality in the minds of man (or society). Mythological perception of reality, in our opinion, is authorial, selective, to some extent biased. Instead, the instrumental value of legal myth is observed in the processes of human cognition of the world and legal reality, in the process of identification and self-identification of man. In particular, the legal myth is not just a means of knowing and identifying the phenomena of legal reality, but serves as a reliable apologist for the value and moral choice of man and his behavior, such a sign system that has a certain „indulgence” for any human action (inaction). The instrumental value of the legal myth is not limited to the framework of the epistemological process, the tasks of observation and cognition, but has a powerful potential for influence and transformation of legal reality. Awareness of this potential of the legal myth opens a wide space for its application in order to root in the legal consciousness of man and, ultimately, society as a whole, the relevant legal (or anti-legal) values. The principles of interaction of the legal myth and the modern state are determined. Any legal myth seeks to spread, social support, wider recognition, in the most ambitious end – official recognition and legitimacy, which is impossible without a strong state function. The legitimation of the legal myth occurs through its spread in society, receiving social support and rooting first in the legal consciousness of individuals, and gradually – in the public legal consciousness. It can be argued that legal myths permeate all levels of legal reality of the modern state, from legal consciousness (man and society), and ending with the processes of lawmaking, law enforcement, interpretation.

правовий міф modern state legal reality social myth legal myth legitimation self-identification

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До питання про природу освітнього права

Author: Наталія Янчук [Nataliia Yanchuk]
Institution: Одеський державний університет внутрішніх справ [Odesa State University of Internal Affairs]
ORCID: https://orcid.org/0000-0003-0491-0995
Year of publication: 2022
Source: Show
Pages: 63-70
DOI Address: https://doi.org/10.15804/CPLS.20223.08
PDF: cpls/3/cpls308.pdf

To a Matter of the Nature of Educational Law

The paper focuses on the legal nature of educational law. The current trend is an increase in the arithmetic progression of the quantity of brunches of the legislation. However, an increase in the branches of the legislation does not automatically lead to an increase in the branches of law. And if a certain branch of law always corresponds to a branch of legislation, then a branch of legislation does not always reflect a certain branch of law. This is quite justified in relation to educational law. Despite the fact that the term “educational law” is recognized as well-established, the issue of the status of educational law remains controversial. The paper emphasizes that the transformation of views on the relative nature of educational law has come a long way from complete rejection of educational law, when it was considered only a sub-branch of administrative law to attempts to justify educational law as an independent branch of law. It is carried out analysis of different approaches for determining the legal nature of educational law, namely: as a sub-branch of administrative law, as a complex branch of law, as a legal array, as an independent area of research, as a discipline, as a special part of information law. The author pays special attention to highlighting the strengths and weaknesses of representatives of various fields in justifying the status of educational law. Attention is drawn to the fact that none of the supporters of the separation of educational law as an independent branch of law has proved and shown why the issue of legal regulation of educational relations should be considered outside of administrative law. It is emphasized the need to include in the curriculum a separate course “Educational Law” in the pedagogical sector of education and postgraduate studies. This is not about the formation of a unified approach to the teaching of discipline “Educational Law”. The subject and system of the discipline should be determined by the target audience, as well as current trends in education.

educational legislation academic discipline branch of law educational law право Law Education

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Проблеми застосування запобіжного заходу у вигляді тримання під вартою щодо осіб, які мають вади зору

Author: Ануш Робертівна Туманянц [Anush Robertivna Tumanyants]
Institution: Національний юридичний університет імені Ярослава Мудрого [Yaroslav Mudryi National Law University]
ORCID: http://orcid.org/0000-0001-6403-8436
Author: Ірина Олександрівна Крицька [Iryna Oleksandrivna Krytska]
Institution: Національний юридичний університет імені Ярослава Мудрого [Yaroslav Mudryi National Law University]
ORCID: http://orcid.org/0000-0003-3676-4582
Year of publication: 2022
Source: Show
Pages: 71-81
DOI Address: https://doi.org/10.15804/CPLS.20223.09
PDF: cpls/3/cpls309.pdf

Problematic Aspects of the Detention Enforcement as a Preventive Measure to Suspects and Accused with Vision Impairment

The use of preventive measures such as detention enforcement is due to the restriction of fundamental rights. Particularly noteworthy is the issue of the feasibility of choosing this preventive measure for people with vision impairment. The aim of the research is determining the system of general standards of detention of persons with physical disabilities (in particular, visually impaired). The empirical base of the research is the national legislation of Ukraine, international acts, decisions of the European Court of Human Rights, data of the Integrated State Register of Court Decisions. The methodological basis is a set of general and special scientific methods, in particular, formal-legal (legal- technical) method of research, hermeneutical method, statistical method, system-structural method. On the basis of the research, taking into account the legal position of the ECtHR, the authors propose to distinguish the general standards of detention of persons with physical disabilities (in particular, visually impaired), such as: (1) detention should be reasonable in time; (2) it should not lead to health deterioration (compared to the natural course of the disease); (3) the prisoner should be provided with adequate medical care at an appropriate level; (4) the physical condition of the person in custody should not make him or her dependent on other persons being held with him or her in custody; (5) the conditions in which the person is remanded in custody must be appropriate to the physical condition of the person and cannot be considered separately from the person’s disability; (6) constant more intense surveillance should be provided to prevent any deterioration in health than might be the case if the person were not imprisoned; (7) if there is an appropriate medical finding that a person is not in custody, he or she should be considered by a competent subject for a possible change in the measure of detention or place of detention. The authors pointed out some shortcomings in the legislation and the law enforcement practice of this issue.

примусові заходи preventive measures detention enforcement physical disabilities vision impairment cataract

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Касаційні фільтри в цивільному судочинстві

Author: Світлана Щербак [Svitlana Shcherbak]
Institution: Сумський національний аграрний університет [Sumy National Agrarian University]
ORCID: https://orcid.org/0000-0002-9969-3817
Author: Сергій Мирославський [Serhii Myroslavskyi]
Institution: Сумський державний педагогічний університет імені А. С. Макаренка [Sumy State Pedagogical University named after A. S. Makarenko]
ORCID: https://orcid.org/0000-0003-0802-8203
Year of publication: 2022
Source: Show
Pages: 82-93
DOI Address: https://doi.org/10.15804/CPLS.20223.10
PDF: cpls/3/cpls310.pdf

Cassation Filters in Civil Judiciary

The article is devoted to the study of theoretical aspects of the implementation of the latest cassation filters in civil proceedings, related to the legal opinions of the Supreme Court, as well as the prospects for their further legal regulation. Procedural filters in the court of cassation are considered in the context of conceptual theoretical approaches developed by the judges of the Supreme Court themselves, which are most relevant to the outlined issues, as well as from the point of view of the participants in the process – the subjects of the cassation appeal as it affects a fairly wide range of people, they are judges not only of the Supreme Court but also all instances, including the first and appellate ones, the parties to the case and the lawyers who file cassation appeals,after all, the level of complexity of a civil case permanently determines the increased requirements for the content of the cassation appeal, its structuring,proper substantiation and clear formulation of the grounds for cassation appeal of a court decision. A retrospective analysis of civil procedural legislation on the right of access to the court of cassation was carried out, demonstrating the narrowing of the jurisdiction of the domestic cassation, starting with the granting of the right to appeal in cassation to any court decision with the transition to the definition at the constitutional level of restrictions on obtaining judicial protection in cases specified by law, taking into account public or private interests. The notion of cassation filters is formulated, which defines the restrictions established by law in access to the court of cassation, which make it impossible to file a cassation appeal and the right to cassation review,and the classification of cassation filters in civil proceedings is divided into two groups: \ unconditional cassation filters are mandatory restrictions on access to the court of cassation, which exclude the right to file a cassation appeal(for example, if the case is heard under the rules of summary proceedings) and conditional cassation filters are the restrictions under which a cassation appeal may be admitted under certain conditions. The provision that cassation filters should be fair and justified, effective and, most importantly, should not impede access to justice and should not violate the right to a fair trial. A detailed description of each ground of cassation appeal, laid down in part two of Article 389 of the CPC of Ukraine on the fairness of the new cassation filters that operate in the domestic model of cassation over the past two years, the conditions for the application of paragraph 1 of Part 2 of Article 389 of the CPC of Ukraine, which include the presence of a legal opinion of the Supreme Court (including overcome or selfassigned) and maintaining its legal force in relation to the disputed legal relationship, establishing whether the legal relationship is similar, disregarding the legal opinion of the Supreme Court by the courts of first and second instance. The problematic and controversial issues of modern cassation filters have been specified, which include: ignoring the term “cassation filters” by the current CPC of Ukraine, which is derived at the doctrinal level; lack of clear legislative regulation of the concept and limits of legal conclusions of the Supreme Court; lack of official systematization of legal opinions of the Supreme Court,as well as a certain classifier of cases, which complicates their search by participants in the process; operation by the legislator of a number of evaluative concepts,such as “similar legal relations”, “motivation”, “validity” in determining cassation filters; failure to link cassation filters to the legal conclusions of the Supreme Court,that in judicial practice has not led to a decrease in cassation appeals; lack of a legally formed list of grounds for deviation from the legal conclusions of the Supreme Court and differences in the wording of similarity of legal relations; lack of unity in understanding the correct meaning of the term „taking into account” the legal opinion of the Supreme Court courts of first and second instance in view of the vertical and horizontal effect of legal opinions of the Supreme Court. It is proved that the most dangerous risks are embedded in the cassation filter contained in paragraph 2 of Part 2 of Art. 389 GIC of Ukraine, such as a reasoned justification for the need to deviate from the conclusion on the application of the rule of law in such legal relations. which transferred to lawyers the function of forming judicial practice that is not peculiar to them, which violates the right of participants in the process to access the court of cassation. The concept of cassation filters already covers a wide range of general procedural filters, which relate to the impossibility of cassation appeal of court decisions made in summary proceedings, in minor cases, cases of refusal to open cassation proceedings due to unfounded cassation appeal. It is proposed to revise the scope of the current cassation the prism of the expediency of the latest cassation filters in terms of the effectiveness of legislation given that the binding of cassation filters to the legal conclusions of the Supreme Court does not reflect the impact of new procedural filters on the unloading of the Supreme Court as a higher court.

доступ до касаційного суду access to the court of cassation legal conclusions of the Supreme Court convincing court precedent deviation from legal conclusions civil proceedings

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Актуальна проблематика реалізації спадкових прав

Author: Ксенія Косяченко [Kseniia Kosiachenko]
Institution: Дніпропетровський державний університет внутрішніх справ [Dnipropetrovsk State University of Internal Affairs]
ORCID: https://orcid.org/0000-0002-1380-218X
Year of publication: 2022
Source: Show
Pages: 94-100
DOI Address: https://doi.org/10.15804/CPLS.20223.11
PDF: cpls/3/cpls311.pdf

Current Problems of Inheritance Rights Realization

This scientific article examines current practical and theoretical issues related to the exercise of the right to inherit. Particular attention is paid to the study of the development of legal bases and research on the exercise of the right to inheritance. The exercise of the right to inherit is considered as a complex concept that provides ways to exercise the right to inherit, reflecting the dynamics of inheritance and deepening the relationship between the rules of substantive and procedural law. This article focuses on the study of ways to exercise the right to inherit. The peculiarities of the procedure for exercising the right to inherit by submitting an application for acceptance of the inheritance, by applying to notaries, are analyzed. Particular attention is paid to the need to distinguish between the legal nature of the application for a certificate of inheritance and the application for acceptance of the inheritance. The article defines the essence and purpose of establishing the conditions and forms of inheritance, as well as the types and procedure for refusing to accept the inheritance. It is emphasized that established by the Civil Code of Ukraine, that the forms and conditions of acceptance of inheritance to protect the rights and legitimate interests of heirs, and do not provide an alternative method of acceptance of inheritance. Particular attention is also paid to the exercise of the right to renounce the inheritance by the heirs, who are subject to the presumption of acceptance of the inheritance. Through scientific analysis of judicial and notarial practice concerning the adoption of measures for the protection of hereditary property, which is in the individual legal orders of an individual, it is argued that in the case of storage of property in a bank safe there is no purpose to perform this notarial act. The legal nature of the term for acceptance of the inheritance is determined, and the legal consequences of missing the term for acceptance of the inheritance are clarified. The procedure and grounds for division (allocation) and redistribution of inheritance are revealed. As a result of the analysis of judicial and notarial practice, a number of proposals were developed to improve notarial proceedings in inheritance cases, including inheritance, consent of heirs who inherited, acceptance of inheritance by heir who missed the deadline for acceptance of inheritance, withdrawal of applications for inheritance and renunciation of inheritance. On the basis of this study, some theoretical conclusions and proposals for improving the current legislation have been formulated.

спадок inheritance Heir testator inheritance relations presumption of acceptance of inheritance right to inheritance application for acceptance of inheritance inherited property acceptance of inheritance renunciation of inheritance division of inheritance redistribution of heritage

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Забезпечувальні речові права: юридична природа, функції, види

Author: Олег Ільків [Oleh Ilkiv]
Institution: Міжнародний економіко-гуманітарний університет імені академіка Степана Дем’янчука, м. Рівне [Academician Stepan Demyanchuk International University of Economics and Humanities]
ORCID: https://orcid.org/0000-0002-0659-1855
Year of publication: 2022
Source: Show
Pages: 101-108
DOI Address: https://doi.org/10.15804/CPLS.20223.12
PDF: cpls/3/cpls312.pdf

Security Proprietary Rights: Legal Nature, Functions, Types

The article is devoted to the study of security proprietary rights to ensure the fulfillment of engagements. The institute of security rights, its regulation under the current legislation of Ukraine and individual countries is analyzed. The legal nature and specific features are determined, the functional load of the methods of ensuring the fulfillment of engagements is clarified and the characteristics of the engagement-legal and real-legal types of security are characterized. Material security encumbrances on the debtor’s property rights, resulting in the „right of succession”, which is to accompany the encumbrance on the thing in the event of its transfer to other owners. The elements of the binding legal relationship are described. Civil turnover requires an effective system of precautionary measures of both binding and substantive nature, due to the need for legal remedies aimed at the proper performance of the parties to their contractual engagements. Along with the engagements, an important place is occupied by the material types of securing contractual engagements, where their main purpose is to give the creditor confidence in the satisfaction of their property interests in case of non-performance or improper performance of engagement by the counterparty. The grounds for the right of the creditor to satisfy property claims on the subject of material security are investigated. A pledge or mortgage may arise on the basis of a contract, law or court decision. The creditor’s claims on the mortgaged property can be satisfied in several ways: foreclosure on the mortgaged property through its sale or transfer of ownership of the mortgaged property in case of default by the debtor of the engagement secured by the pledge. The right of retention is considered, which is realized through the incentive of the debtor to fulfill the engagement by lawful possession of the thing by the creditor until the proper performance of the engagement by the debtor. The right of retention as a form of ensuring the proper performance of an engagement is included in the provisions governing the performance of certain contracts, including contract type, provision of services, commissions, etc. Security rights arise before the breach of the engagement and depend on the proper performance of the contractual engagement. The collateral gives the creditor the right to receive property satisfaction from the subject of collateral in case of non-performance of the engagement due to the debtor’s fault. The analysis and brief description of the types of security property rights is carried out. Theoretical conclusions on the researched questions directed on improvement of regulation of the security rights in the civil legislation of Ukraine are formulated.

забезпечувальні права security rights property rights fulfillment of engagement pledge retention the right of succession

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Стягнення коштів на рахунках боржника в банківських установах на виконання судових рішень у цивільних справах

Author: Микита Горбенко [Mykyta Horbenko]
Institution: Національний університет «Одеська юридична академія» [National University “Odesa Law Academy”]
ORCID: https://orcid.org/0000-0003-1752-3433
Year of publication: 2022
Source: Show
Pages: 109-118
DOI Address: https://doi.org/10.15804/CPLS.20223.13
PDF: cpls/3/cpls313.pdf

Recourse to the Funds on the Accounts of the Debtor in Banking Institutions, in the Execution of Court Decisions in Civil Cases

The article considers some legal problems faced by public and private executor when applying for the funds on the accounts of the debtor in banking institutions, in the execution of court decisions in civil cases. It is also not unimportant to determine the enforcement action, which consists in foreclosing funds on the debtor’s accounts in banking institutions as a primary and effective measure performed by the executor when opening enforcement proceedings, which contributes to an increase in the level of execution of court decisions in civil cases. The main problems that arise when applying for recovery on the funds on the accounts of the debtor are given in this article. Legislative changes considered that have had an impact on the improvement of the arrest system of funds of the debtor. The role of such an enforcement action as recourse to sanctions is defined to the funds on the accounts of the debtor in banking institutions in the execution of judicial proceedings in civil cases. Identifies shortcomings and points the way to improve the automated seizure of debtors’ funds in bank accounts. The content of the application for recovery of funds has been disclosed in the accounts of the debtor in banking institutions. The classification of such an executive action is proposed as an application for recovery of money on accounts of the debtor in banking institutions. Proposals for further development are formulated in automatic seizure of debtors’ funds in bank accounts. Disputed court practice on account security to which wages are credited is presented. Court practice on recovery of funds in the accounts of the debtor in banking institutions in the execution of civil judgements analyzed. Based on the examples of established practical activities the executors are modelled problem situations for private and public executors recovery on funds in accounts of the debtor in banking institutions during the execution court decisions in civil trials. Ideas on improvement of banking legislation presented in the field of forcible to cancel the debt debtors’ funds. Direction of development of the executive production to increase the level of efficiency execution of actions aimed at recovery of funds in the accounts of the debtor in banking institutions in the execution of civil judgements.

виконавче провадження enforcement proceedings arrest accounts arrest of funds arrest banking accounts arrest of national currency

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Recenzja książki: Michał Piekarski, Karolina Wojtasik, Polski system antyterrorystyczny a realia zamachów drugiej dekady XXI wieku, Wydawnictwo Adam Marszałek, Toruń 2020, ss. 223

Author: Lech Wyszczelski
Institution: profesor emerytowany Akademii Obrony Narodowej w Warszawie i Uniwersytetu Przyrodniczo- Humanistycznego w Siedlcach
ORCID: https://orcid.org/0000-0003-2063-4281
Year of publication: 2022
Source: Show
Pages: 128-130
DOI Address: https://doi.org/10.15804/CPLS.20223.16
PDF: cpls/3/cpls316.pdf

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The Republic of Azerbaijan as a Subject of Constitutional and Legal Relations

Author: Reyhan Fakhrat Jafarova
Institution: Academy of Public Administration under the President of the Republic of Azerbaijan
Year of publication: 2022
Source: Show
Pages: 135-137
DOI Address: https://doi.org/10.15804/CPLS.20223.18
PDF: cpls/3/cpls318.pdf

In this article, the author considers the Azerbaijani state as a subject of constitutional and legal relations. The definition of constitutionalism is also analyzed, in which the main value in the state is the freedom of the individual and the provision of fundamental human rights and freedoms.

constitutionalism state constitutional and legal relations civil society

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Spis treści

Author: The Editors
Year of publication: 2022
Source: Show
Pages: 3-4
DOI Address: -
PDF: cpls/4/cpls4toc.pdf

SPIS TREŚCI / CONTENTS / ЗМІСТ

Покоління z як предтеча майбутньої планетарної цивілізації

Author: Лариса Саракун
Institution: National University of Food Technology
ORCID: https://orcid. org/0000-0002-4692-2145
Year of publication: 2022
Source: Show
Pages: 7-17
DOI Address: https://doi.org/10.15804/CPLS.20224.01
PDF: cpls/4/cpls401.pdf

Generation Z as a Forecast of the Coming Planetary Civilization

The article analyzes the features of “Generation Z” as a harbinger of future planetary civilization. Attention is paid to information and digital technologies that affect the world community, rapidly transforming it into a single world, forming a “digital generation” that is effectively adapted to the new socio-cultural reality and feels more “citizens of the world” than their own country. The article analyzes the features of “Generation Z” as a harbinger of future planetary civilization. Attention is paid to information and digital technologies that affect the world community, rapidly transforming it into a single world, forming a “digital generation” that is effectively adapted to the new socio-cultural reality and feels more “citizens of the world” than their own country. The most important condition for their socialization is the construction of social reality, adaptation to new environmental conditions, its symbolization, separation of “their world”, restructuring of environmental conditions according to the thesaurus, built under the influence of macro- and microsocial factors, according to its symbolic universe. The interconnected processes of globalization and informationalization of society are revealed, which directly blur the boundaries of the modern interstate system, creating a contradictory and heterogeneous global society with a cosmopolitan worldview. The cosmopolitan approach is substantiated, which, overcoming state borders, allows to go beyond national practices, promotes their integration into the new world context through the establishment of a “compromise” of cultural, religious, ethnic and other differences. Cosmopolitanism is becoming a worldview and ideological platform and ontological unity of the planetary community. The modern generation needs to find its own way of mastering society. In order to understand the vicissitudes and metamorphoses of the modern world, we need a different perception of reality and the transformation of worldviews, values, the formation of a new identity. It is important not only to act locally, but also to think globally, systematically, taking into account particular and universal interests, immediate and long-term goals. The formation of a single world community, the formation of a global civil society, which in the long run must necessarily be formed as a result of overcoming fragmentation and the formation of a holistic world – „eternal peace” is becoming increasingly apparent.

цифрове покоління global society citizens of the world cosmopolitan worldview digital generation cosmopolitanism Information Technology social networks

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Відео та фотофіксація адміністративних правопорушень громадянами

Author: Степан Василенко (Stepan Vasylenko)
Institution: аспірант кафедри адміністративного права та адміністративного процесу факультету №3 ІПФПНП ЛьвДУВС; Інспектор роти тактико-оперативного реагування управління патрульної поліції у Львівській області департаменту патрульної поліції
ORCID: https://orcid.org/0000-0002- 5529-3694
Author: Степан Гнатюк [Stepan Hnatiuk]
Institution: доцент кафедри адміністративного права та адміністративного процесу, декан факультету №3 ІПФПНП ЛьвДУВС, кандидат юридичних наук
ORCID: https://orcid.org/0000-0002-9203-1511
Year of publication: 2022
Source: Show
Pages: 18-26
DOI Address: https://doi.org/10.15804/CPLS.20224.02
PDF: cpls/4/cpls402.pdf

Video and Photo Recording of Administrative Offenses by Citizens

The mortgage of effectiveness and prospect of development of democratic transformations to our state is the proper legal adjusting and functioning of institute of participation of public in law-enforcement activity. Bringing in of public to implementation of law-enforcement functions it is an important form of realization of constitutional right citizens on participating in the administrative department of society and state. In this article the affected question that mainly touches the improvement of operationability and objectivity of reacting the National police on offence, and also in future on substantial reduction of offences, perfection of defence of public law and order, realization of preventive activity with bringing in of citizens by means of specially worked out to addition for смартфонів that will have the opportunity to fix offence by means of photo or video and specify the place of potential feasance of offence, and also give to him description and explanation and to hand in an electronic application with electronic digital signature, together with her send fixed and collected information to corresponding organ national police Ukraine for reacting. Study of range of problems. Application of technical devices and technical equipments, that have functions of filming, videotape recording, or facilities of фото- and filming, for jigging of offences were the article of attention of such scientists, as P.P. Artemenko, O.V. Jafarova, T.P. Minka, B.V. Zhukov, et al. However seems expedient to notice that at the same time information from the corresponding range of problems is practically absent and investigated not enough, that in turn predetermines actuality for more deepening research of this select subjects. The purpose of the article is to study and characterize the current legislation of Ukraine regarding video and photo recording of offenses. Providing a proposal on the delegation of preventive police measures to citizens, namely the use of technical devices and technical means that have the functions of filming, video recording, or means of photo and film recording, namely: smartphones, outdoor video surveillance cameras, car video recorders, etc., with the aim of attracting citizens to the protection of law and order and crime prevention. The concepts of law enforcement agency, administrative offense (misdemeanor) and prevention are analyzed. The powers of the National Police in the field of preventive activities are considered and characterized, in particular, the use of technical devices and technical means that have the functions of filming, video recording, or means of photo and film filming, video recording. The analysis of Constitution of Ukraine, laws and scientific publications of represented is conducted in magazines and in a network the internet, with illumination of problem questions, that is related to fixing by means of technical devices and technical equipments, that have functions of filming, videotape recording, or facilities of фото- and filming, videotape recording of offences.

адміністративна відповідальність National Police of Ukraine video and photo recording of offenses ensuring public safety protection of public order functions of law enforcement agencies law enforcement agencies administrative responsibility citizens prevention evidence

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Правові основи адміністративного договору у сфері підприємницької діяльности

Author: Сергій Єсімов (Serhii Yesimov)
Institution: Lviv State University of Internal Affairs
ORCID: https://orcid.org/0000-0002-9327-0071
Year of publication: 2022
Source: Show
Pages: 27-34
DOI Address: https://doi.org/10.15804/CPLS.20224.03
PDF: cpls/4/cpls403.pdf

Legal Basis of Administrative Agreement in the Field of Entrepreneurial Activity

The article on the basis of systematic analysis using the formal-legal and comparative-legal method of studying legal phenomena, considers the legal basis of the administrative agreement in the field of entrepreneurship as a means of improving the legal regulation of entrepreneurship in the context of European integration. The subject of scientific research is a set of administrative and legal norms that mediate relations in the field of entrepreneurial activity on the basis of an administrative agreement in modern economic and legal conditions. The urgency of the study is due to insufficient conceptual development of the issue of administrative contract from the standpoint of separation into an independent institution of administrative law with proper legalization and lack of a universal concept of administrative contract. The study examines the specifics of the legal basis of administrative and contractual regulation, which includes seven groups of regulations that regulate certain aspects of administrative and contractual relations, determine the subjects of public administration authorized to enter into administrative contracts, their competence. In this context, the legal nature of the administrative contract as an institution of administrative law with elements of complex regulation, forms of administrative law, forms and methods of public administration, a set of administrative procedures and legal fact is substantiated. Based on current legislation (Constitution of Ukraine, Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, laws of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, departmental normative legal acts) the essence of the administrative agreement as a form of objectification of the will of the counterparties is considered. A condition of legal significance is the expression of will, determined by the degree of freedom of the participants. Expression of will and freedom of consent provides an opportunity to justify the design of administrative agreements, the concept of the functions of the administrative agreement on the role and importance in regulating public relations, as well as areas of administrative contractual regulation on public relations in public administration. The procedural component of administrative-contractual relations is considered. Administrative-contractual procedure is a logically complete set of legal and organizational actions and decisions aimed at achieving the established legally significant result. It is proposed to form a systemic legal basis for administrative-contractual regulation and a universal procedure for concluding an administrative agreement for agreements of normative and organizational content, vertical and horizontal agreements, the construction of which should be defined in the Law of Ukraine On Administrative Procedure.

адміністративна процедура contract structure administrative law legal regulations administrative procedure contract public administration

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Теоретичні та практичні проблеми визнання недійсним правочину, вчиненого дієздатною особою, яка в момент його вчинення не усвідомлювала значення своїх дій та (або) не могла керувати ними

Author: Руслана Алексій (Ruslana Aleksii)
Institution: South-Western Interregional Department of the Ministry of Justice
ORCID: https://orcid.org/0000-0002-7362-7571
Year of publication: 2022
Source: Show
Pages: 35-43
DOI Address: https://doi.org/10.15804/CPLS.20224.04
PDF: cpls/4/cpls404.pdf

Theoretical and Practical Problems of Invalidation ofTransaction, Made by aPhysical Person with the Legal Capacity to Act, who Did not Realize the Significance of His/Her Actions and (or) Could not Control Them at the Time of Making aTransaction

The article is devoted to the research of the theoretical and practical problems of a transaction made by a physical person with the legal capacity to act, who did not realize the significance of his/her actions and (or) could not control them at the time of making a transaction. The conclusion about topicality and practical necessity to researching this issue due to the significant prevalence of transactions that do not correspond to the internal will of the person on this basis is made. The existence of certain collisions between the general and special norms that regulate the legal nature of these transactions has been stated. At the same time, the problem of determining the categories of persons who have the right to apply to a court with a claim on the invalidation of the transaction provided for in Article 225 of the Civil Code of Ukraine is raised in the research. Emphasis is placed on the fact that the qualification of such a transaction is an important feature of the presence of such a temporary state of the person, which makes it completely impossible to realize the objective reality and significance of their actions. Also in this scientific research other features of the considered transaction are given. At the same time, it is stated that it is difficult to prove the fact of being a person in a temporary state when he/she doesn’t realize completely the significance of their actions and (or) could not control them. This scientific research also characterizes the subject of proving in cases of invalidation of a transaction made by a physical person with the legal capacity to act, who did not realize the significance of his/her actions and (or) could not control them at the time of making a transaction. The proper list of circumstances which are subjecting to proof in these cases is formulated. The analysis of judicial practice in cases is done separately on of invalidation of transactions made by a physical person with the legal capacity to act, who did not realize the significance of his/her actions and (or) could not control them at the time of making a transaction.

правочин absolute inability to realize the meaning their actions legal capacity to act vice of the will invalidity of transaction transaction

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Проблема сексуального насильства над дітьми в цифровому середовищі

Author: Ірина Лубенець (Iryna Lubenets)
Institution: State Reserch Institute MIA Ukraine
ORCID: https://orcid.org/0000-0003-2597-0356
Year of publication: 2022
Source: Show
Pages: 44-54
DOI Address: https://doi.org/10.15804/CPLS.20224.05
PDF: cpls/4/cpls405.pdf

The Problem of Sexual Harassment Against Children in the Digital Environment

Variouns means of communication, the Internet is an integral part of society in general and children in particular. There are no official statistics on the number of children on the Internet, but according to various studies, the most active Internet users are young people, especially adolescents. On the one hand, it is a means of increasing erudition and communication skills, and on the other – a situation of increased risk of confrontation with some threats to the virtual world: from fraud to drug trafficking and sexual violence online. At the same time, against the background of declining general morality in society, the variability of values in the sexual sphere and other negative trends exacerbate the problem of sexual assault on children, which requires urgent measures to prevent and combat them. With the rapid development of modern Internet technologies, humanity has not only faced the latest opportunities, but also faced new risks and threats. In particular, the spread of child pornography, sexting, grooming, etc. has become a problem common to most countries in the world, including Ukraine, which is one of the largest producers of child pornography in the world. The author emphasizes that such illegal content is evidence of violence against children and, at the same time, a sign of sexual deviation among consumers of this product, for whom Internet technology is a tool for accessing, storing, distributing, sharing and creating child pornography. It is emphasized that thanks to digital technologies, the Internet has made it much easier for criminals to establish contact with minors, who often behave carelessly and recklessly in virtual communication, in particular, easily agree to share personal information and even send candid photos to virtual “friends”. Thus, there is a need to raise children’s awareness of online risks by teaching safe behavior in the digital environment. The article emphasizes that Ukraine has a rather limited toolkit of legal means to combat sexual violence online and harmful communication in cyberspace. Therefore, improving the protection of children in the digital environment is a priority today.

ґрумінг sharing sexual exploitation sexting pedophile content child pornography grooming harassment

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Віктимолого-психологічна модель реабілітації неповнолітніх жертв сексуального насильства

Author: Тетяна Тіточка (Tetiana Titochka)
Institution: Donetsk State University of Internal Affairs
ORCID: https://orcid.org/0000-0002-5924-614X
Year of publication: 2022
Source: Show
Pages: 55-62
DOI Address: https://doi.org/10.15804/CPLS.20224.06
PDF: cpls/4/cpls406.pdf

Victimology-Psychological Model of Rehabilitation of Minor Victims of Sexual Violence

The article examines the peculiarities of victimological and psychological rehabilitation of adolescents who suffered from sexual violence. Attention is drawn to the fact that statistical data and judicial practice show that the consequences of sexual violence against minors are often irreparable, especially if the child was not provided with timely help. It is indicated that sexual violence, in any case, is the so-called «trigger point» for counting the formation of psychological injuries, which in most cases lead to the emergence of a person, especially a minor, in a retrospective phenomenon, which consists in an episodic return to the event , which caused an injury. In this regard, the rehabilitation of such children should begin with establishing not only psychological and physiological determination, but also criminological and victimological conditions and background phenomena, which in symbiosis contributed to or facilitated the commission of sexual violence. As in the case of working with criminal offenders, as well as with victims, the creation of specific models of actual or potentially deviant behavior with the allocation of correlations with psychological and moral features of a person’s personality becomes especially relevant. Victimological prevention should always include identifying the basic conditions for the creation of deviant instructions that contributed to the adolescent getting into an unfavorable situation and working out possible ways to avoid it in retrospect. Any rehabilitation should begin with a balanced dialogue, which will give the child the opportunity in a favorable environment to work with a specialist on all aspects of a socially dangerous event and build a behavioral algorithm that will allow him to avoid victim relapse in the future. It was concluded that the main rehabilitation measures and means are: 1) creating a sense of security in the minor victim of sexual violence; 2) building a dialogue taking into account the characteristics of the child’s personality and the event of a criminal offense committed against him; 3) working out, if possible, the maximum number of trigger zones associated with a socially dangerous event; 4) adjusting the child to positive reframing; 5) prevention of repeated and secondary victimization; 6) closure of gestalts associated with episodes of sexual violence. Rehabilitation of such children should take place due to the consolidation of efforts of medical workers, teachers, psychologists, criminologists and victimologists.

неповнолітній victimology juvenile interaction sexual violence victim rehabilitation

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Юридична відповідальність з позиції справедливости та дієвости: сучасні реалії та поняття

Author: Наталія Загребельна (Nataliіa Zahrebelna)
Institution: Taras Shevchenko National University of Kyiv
ORCID: https://orcid.org/0000-0002-3390-7149
Year of publication: 2022
Source: Show
Pages: 63-73
DOI Address: https://doi.org/10.15804/CPLS.20224.07
PDF: cpls/4/cpls407.pdf

Legal Responsibility from the Position of Justice and Activity: Modern Realities and Concepts

The article is devoted to the study of the content of conditionality as a legal phenomenon in the evolution and convergence of modern concepts of legal responsibility, clarification of further guidelines for improving the content of legal responsibility through justice and effectiveness as the main attributes of the principles of legal responsibility concepts of legal responsibility in the system of general theoretical jurisprudence. The formation of the rule of law necessitates the study of the problems of determining the institution of legal responsibility, its features and principles, as this legal category demonstrates the level of legal culture of society and the general state of its legal consciousness. The issue of legal responsibility occupies one of the key places in domestic jurisprudence. However, despite a long period of comprehensive study of legal liability, many aspects of its legal nature remain controversial. Thus, justice and effectiveness as core, fundamental, main principles and principles of legal responsibility remain insufficiently equipped in terms of doctrinal support, which in a consolidated and generalized form, along with other pressing issues of the legal system create gaps, conflicts and shortcomings, thereby reducing quality and productivity of law enforcement. It is stated that the conditionality of legal responsibility serves as a leading indicator, a core indicator of the effectiveness of any legal regulation, the effectiveness of mechanisms for the functioning of the state as a manager of legal tools. Legal prescriptions on the issue of responsibility do not exist in isolation: their construction is based on the synergistic coexistence of basic principles of the institute of legal responsibility and critical issues of society, as the latter secretly determines the vectors of responsibility, its content, application, and specialization. coercion of the state. It is summarized that the retrospective of the development of both global and domestic doctrinal baggage demonstrates the diverse content of the understanding of legal responsibility, and this trend is consistently traced in a variety of temporal and territorial conditions.

концепція юридичної відповідальности conditionality regularity of the influence of principles the system of principles of responsibility the concept of legal responsibility fairness effectiveness

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Ambiguities in Space Law as Path towards Weaponization of Space: the Case of the Outer Space Treaty. Remarks on Regulation of Weaponization of Outer Space by Space Law

Author: Danylo Stonis
Institution: Matej Bel University in Banská Bystrica
ORCID: http://orcid.org/0000-0002-4771-0144
Year of publication: 2022
Source: Show
Pages: 74-84
DOI Address: https://doi.org/10.15804/CPLS.20224.08
PDF: cpls/4/cpls408.pdf

Ambiguities in Space Law as Path towards Weaponization of Space: the Case of the Outer Space Treaty. Remarks on Regulation of Weaponization of Outer Space by Space Law

Nowadays, space management is widely recognized as an important area of global governance. The management of outer space is very complex, therefore activities of states in outer space realm are regulated by Outer Space Treaty. However, due to a number of ambiguities in the provisions of the Outer Space Treaty regarding the military use of space, loopholes for an increase in militarization and weaponization of space have emerged, thus causing serious problems with space security and affecting the sustainable use of space. Such shortcomings in the regulation of the military use of outer space by the Outer Space Treaty, including the lack of definition of certain terms and the establishment of appropriate procedures, allow the parties to freely interpret the relevant terms, and also conduct experiments in space, which contribute to the militarization and weaponization of space. Naturally this issue poses global security threat, because once the militarization or weaponization of outer space has started, it is almost impossible to reverse this process. In addition, the development of anti-satellite weapons and the dual purpose of satellites orbiting the Earth undoubtedly adds to the political and legal challenge of managing outer space. Therefore, this articles claims, that the legal regulation of outer space requires thorough revision in order to effectively address the issue of legal mechanisms in outer space.

anti-satellite weapons weaponization of space space law Outer Space Treaty

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Правовий статус митного брокера (адміністративно-правовий та господарсько-правовий аспекти)

Author: Лариса Мілімко (Larysa Milimko)
Institution: National Aviation University
ORCID: https://orcid.org/0000-0001-5821-5862
Year of publication: 2022
Source: Show
Pages: 85-93
DOI Address: https://doi.org/10.15804/CPLS.20224.09
PDF: cpls/4/cpls409.pdf

Administrative Legal and Economic and Legal Status ofCustoms Broker (Theoretical and Legal Analysis)

In the article the author analyzes the legal status of the customs broker as a subject of administrative-legal and economic-legal relations. The author establishes that the customs broker enters into administrative and legal relations with the State Customs Service of Ukraine, the State Tax Service of Ukraine, the State Treasury Service of Ukraine and other public authorities. Based on a comprehensive analysis, the imperfection of the concept of “customs broker” was established, which is enshrined in Article 416 of the Customs Code of Ukraine, as this concept does not take into account that currently customs brokerage services are provided by a natural person-entrepreneur. object of both economic and legal and administrative and legal relations. It is established that in most countries a customs broker is always a natural person with whom the subject of foreign economic activity or his representative, who agrees on all essential terms of the contract for the provision of customs brokerage services, such person is liable for any breach of contract. The article proposes the author’s definition of “customs broker”, which is an enterprise or individual entrepreneur registered in the register of customs brokers, received a certificate of customs broker, provides services for declaring goods, commercial vehicles moving across the customs border of Ukraine, who conducts customs brokerage activities in any customs authority of Ukraine and is responsible for its activities before the customs authorities and individuals or legal entities whose interests it represents in the customs authorities. The author proposes to enshrine this concept in the Customs Code of Ukraine. Features of administrative and economic-legal responsibility of the customs broker are established. In particular, it was found that the main sanctions for administrative offenses are provided by the Customs Code of Ukraine, but some sanctions are established by the Code of Ukraine on Administrative Offenses. When bringing to administrative responsibility, there are often problems in determining the subjective side of the offense, as evidenced by examples of case law. Within the framework of economic and legal liability, all types of economic sanctions can be applied to the customs broker: compensation of losses; penalties; operational and economic sanctions.

economic-legal responsibility of the customs broker administrative responsibility of the customs broker economic legal relations administrative legal relations economic-legal status administrative-legal status customs broker legal status

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Social Integration of Persons with Disabilities in Ukraine

Author: Yevgeniy Borodin
Institution: Dnipropetrovsk Regional Institute for Public Administration, National Academy for Public Administration under the President of Ukraine
ORCID: https://orcid.org/0000-0002-7331-5981
Author: Andrii Zhorniak
Institution: Dmytro Motornyi Tavria State Agrotechnological University, Ukraine
ORCID: https://orcid.org/0000-0001-9515-0180
Author: Svitlana Podplota
Institution: Bogdan Khmelnitsky Melitopol State Pedagogical University, Ukraine
ORCID: https://orcid.org/0000-0002-5184-9907
Year of publication: 2022
Source: Show
Pages: 94-105
DOI Address: https://doi.org/10.15804/CPLS.20224.10
PDF: cpls/4/cpls410.pdf

Social Integration of Persons with Disabilities in Ukraine

The main directions of Ukraine’s social policy towards the disabled are presented in the article. Topical issues of integration of persons with disabilities into society are covered. The meaning of the concept of “social stigmatization” is revealed. The authors analyze and define the tools of social stigma in the legislation of Ukraine on issues of social integration of persons with disabilities. It has been proven that stigma in some cases deprives a person of full status, becomes a source of prejudice, discrimination, social isolation of the stigmatized, causes low self-esteem and feelings of depression, forms a negative social identity, and complicates psychosocial adaptation. Certain steps have already been taken to ensure the protection of persons with disabilities by creating appropriate conditions for them in society and equal opportunities for the realization of vital needs, abilities, and creative potential. The article defines a system of measures aimed at improving the lives of persons with disabilities, restoring their social status, achieving material independence, and comprehensive integration into society. The authors also propose measures to remove obstacles caused by stigmatization in the way of integration of persons with disabilities into society.

social integration persons with disabilities stigma stereotype Discrimination

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Правоохоронна діяльність у лісомисливському господарстві України

Author: Людмила Валуєва (Liudmyla Valuieva)
Institution: National University “Odessa Maritime Academy”
ORCID: https://orcid.org/0000-0002-0603-1399
Year of publication: 2022
Source: Show
Pages: 106-114
DOI Address: https://doi.org/10.15804/CPLS.20224.11
PDF: cpls/4/cpls411.pdf

Law Enforcement Activities in the Forest and Hunting Economy of Ukraine

The article analyzes the administrative and legal powers of forest protection and hunting service within the system of state management bodies in the field of forest protection and hunting. The relevance of the research topic is due to the processes of general reform of the forestry industry of Ukraine and the need to clarify the law enforcement powers of officials in this industry. The purpose of the study is to highlight the problems of law enforcement in the forestry industry; clarifying the powers of law enforcement entities, directions for reforming forestry law enforcement agencies, and prospects for improving their activities. The object of the study is the legal regulation of security activities aimed at ensuring law and order and legality in the forestry industry. The research is based on the use of general scientific and special methods. With the help of the dialectical method, internal contradictions in the activities of law enforcement agencies in the forestry industry were revealed. The analysis method is used to identify gaps in legislation regulating the powers of supervisory bodies, etc. Formulated conclusions are aimed at practical use. Thus, it is proposed: definition of the concept of «huntsman»; separation of the management function and state control in forestry enterprises; transfer of the control function to the level of territorial bodies of the State Forestry Agency. Thus, at the enterprises of the State Forestry Agency system and other permanent forest users, the functioning of forest protection will remain without the status of a law enforcement body, but with the right to draw up protocols and the limited right to consider cases of administrative offenses in the field of forest protection.

лісомисливська галузь hunting service forest protection foresty-hunting industry law enforcement officials

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Виклики у сфері безпеки в регіоні Калінінградської oбласті

Author: Домініка Рослонь (Dominika Roslon)
Institution: Національний університет «Львівська політехніка»
ORCID: https://orcid.org/0000-0002-8805-3099
Year of publication: 2022
Source: Show
Pages: 115-123
DOI Address: https://doi.org/10.15804/CPLS.20224.12
PDF: cpls/4/cpls412.pdf

Security Challenges of the Kaliningrad Region

Attention is focused on the issues of national security of the state, taking into account the general development of the country and the realization of its national interests. It is noted that the interpretation of the essence of current threats and challenges optimizes the methodological substantiation of the tasks of guaranteeing the provision of national security. The characteristics of regional security are presented. Attention is focused on the peculiarities of the European region. The emergence of significant exogenous challenges in the 21st century, which represented a serious threat to the security of the member states of the European Union, was noted. The problems of ensuring regional security are outlined. Indicators are presented that have led to a significant increase in the risks of security instability in the European region and provide an opportunity for an uncontrolled arms race. The list of factors that cause the decline of the region is considered. Changes in the political situation of the United States of America and their impact on the situation in the European Union are characterized. The activation of the United Kingdom in matters of ensuring security in Europe in the context of NATO and due to the activation of bilateral relations with European countries was determined. It was noted that the aggressive position of the Russian Federation led to a significant deterioration of the security situation around Ukraine and directly in the region. Attention is focused on issues of national security of Poland in the current political situation. The cooperation of Ukraine, Lithuania and Poland to contain the military threat from Russia was noted. The aggravation of the confrontation between Lithuania and Russia regarding the provision of Kaliningrad was emphasized. It is indicated that NATO representatives are significantly concerned about the strategic Kaliningrad region of Russia. It is noted that Russia is actively engaged in strengthening its military presence. Options for actions of the NATO army in the event of an escalation of the military conflict and expansion of the coverage area were considered. It is indicated that a possible option of escalation around Kaliningrad will cause the situation to worsen. Options for confronting the aggressor country in the short term and in the format of coexistence for a longer term are considered. The influence of Belarus on the situation in the region due to the growth of migration was noted. This leads to the discrediting of Poland and Lithuania for supporting Belarusian dissidents who seek to avoid political repression. It is stipulated that the Baltic and Polish political leaders analyze the crisis through the prism of national security. The position of Poland in the settlement of regional conflicts is considered. It is indicated that the political position of Poland should be aimed at preventing the realization of an unfavorable scenario. It is noted that the priority should be the expansion of ground forces and aviation, which ensure reliable deterrence of the Russian Federation.

регіональна безпека military threat military conflict regional defense Kaliningrad geopolitics NATO

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