Issue 2

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

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