Spis treści
- Year of publication: 2023
- Source: Show
- Pages: 3-4
- DOI Address: -
- PDF: cpls/5/cpls5toc.pdf
The article examines the concept and legal aspects of creating a special international tribunal regarding the crime of the Russian Federation against Ukraine. Although this research topic first emerged after the events of 2014 related to the aggressive actions of the Russian Federation against Ukraine and the annexation of Crimea, scientific interest in the study of this problem increased after the criminal full-scale invasion of Russia on the territory of the sovereign state of Ukraine. The author considers the evolution of creation of select military tribunals, the specifics of their activities, and the established practice of prosecuting the crimes of aggression. Additionally, the analysis focuses on statements regarding the idea of creating a special international tribunal for the Russian Federation for crimes of aggression against Ukraine. It is substantiated that the highest form of international justice in the modern world is a tribunal, as it provides for a public and inevitable punishment and it acts as one of the elements guaranteeing the inviolability of the international legal order at the same time. The creation of a special tribunal for the Russian Federation will be the impetus for new approaches to expand the jurisdiction of the International Criminal Court so that it can prosecute acts of aggression, and Ukraine will serve as an example for responding to aggression. The author determined, the establishment of an international tribunal for the first time is a complex process because it is often necessary to find new and completely original solutions to many legal and practical problems facing the tribunal. Moreover, the sum total of these decisions should provide the basis for a reasonable and universally applicable jurisdiction for future generations, at the same time allowing the tribunal to take into account the social, cultural and historical context of the conflict in question and to reflect this context to some extent in its decisions and practice.
war aggression tribunals courts criminals international justice international organizations
Consequences of a full-scale Russian-Ukrainian war for the positioning of the «Three Seas Initiative» in global politics
The article discusses the term “Three Seas Initiative” – a product of the adaptation of the philosophical and geographical category “Intermarium” to the description of Central-Eastern and South-Eastern Europe. The thesis is substantiated that the application of the category “Intermarium” to Central-Eastern and South-Eastern Europe is due not only to the “mental geography” of Polish political thought and the practical needs of Polish geopolitics of the 20th and 21st centuries but also to the objectively existing general characteristics of the region (its buffer status between geopolitical powers of Germany and Russia, the lower level of prosperity of this region compared to Western Europe, its predominantly Slavic character, which repeatedly pushes the implementation of pan-Slavist projects in the Central-Eastern and South-Eastern Europe, the trends in social, in particular, cultural, economic and political, which are observed at least since the late 1980s). It is argued that the project “Three Seas Initiative” by A. Duda is a modern reincarnation of the idea of the Prometheists – “Intermarium”, created between the two world wars on the basis of the Jagiellonian idea of the Early Modern Age. This project arose as an opposition of rightwing conservative, poorer EU members to its left-liberal, rich participants with external support from the Eurosceptic, right-wing populist government of D. Trump in the USA. However, the evolution of the Three Seas Initiative finally led it to institutionalization as one of the cores of integration in the modern European Union at different speeds, with an emphasis on the development of cross-border communication and infrastructure projects in the region with the cooperation of the EU and the USA. It is emphasized that after the start of the Russian- Ukrainian war, the threat of its spread to the territory of the “Three Seas Initiative”, which the EU cannot overcome, forces the members of the initiative to seek direct military support from the United States in exchange for Washington’s support in its opposition to Beijing, an ally of Moscow. “Three Seas Initiative” could be perceived as an activation of the role of the region as one of the outposts of opposition to Chinese influence on the planet. In addition, the Russian- Ukrainian war involuntarily led to the achievement of one of the goals of the Three Seas Initiative - the development of the logistics infrastructure of its participants, due to the need to serve large-scale land and air movements of troops and the functioning of “grain” and humanitarian corridors from the European Union to Ukraine. Also, a full-scale Russian-Ukrainian war caused the resuscitation and development of the military-industrial complex of the Three Seas Initiative countries, its integration within the region and the rest of the EU, as well as with Ukraine, the USA, and South Korea, which gives a chance for high-tech economic growth of the participants of the project.
Today, information and communication technologies are widely used in all spheres of public life; state policy is gradually gaining publicity and social accessibility; it becomes possible for society to actively participate in globalization policies and processes; the digitalization of public services is globalized and covers the whole world, which indicates a netocratic vector of development of modern society. Given the pace of development of globalized e-democracy and the world’s efforts for socio-economic recovery, it is necessary to update the priorities of digital governance in order to increase trust in governments and state institutions, and for this it is necessary to create effective legislation that determines the possibility of forming a perfect governance system and regulatory state policy in the field of e-democracy. The article considers domestic legislative acts designed to regulate and streamline management processes in the conditions of netocracy of society, to ensure their consistency, stability, balance (laws of Ukraine: «On Information », «On Information Protection in Information and Communication Systems», «On the National Informatization Program», «On Electronic Documents and Electronic Document Management», «On Electronic Digital Signature», «On Electronic Trust Services», «On State Registration of Legal Entities, Individuals – Enterprises and Public Formations», «On telecommunications», «On the licensing system in the field of economic activity», «On the Fundamentals of the Development of the Information Society in Ukraine for 2007–2015», «On the Protection of Personal Data», etc.). An analysis of the indicated domestic legislative framework indicates a quantitative growth and improvement of regulatory documents covering the digital spheres of public administration. It has been established that the issue of harmonization of Ukrainian legislation with world legal norms remains important.
normative legal act netocratization e-governance digitalization legislation Law public administration
Assistance of Polish cities with county rights provided to Ukrainian international cooperation partners during the period of Russian aggression. The example of the Kuyavian-Pomeranian voivodeship
The aim of the research is to verify the admissibility of granting financial and material aid to territorial units from Ukraine by Polish cities with poviat rights. Consideration was also given to the state and scale of cooperation between cities with county rights (i.e. Bydgoszcz, Toruń and Włocławek) from the Kujawsko-Pomorskie Voivodeship and their partners from Ukraine during the period of Russian aggression. The paper uses the method of content analysis, in addition, own research was carried out involving local governments from the Kuyavian-Pomeranian Voivodeship and the results are presented. The results of the research in this paper proved that there is a legal possibility on the basis of the Act on local self-government (at the same time bearing in mind the provisions of the Act on public finances) to provide financial support from one’s own budget in the form of financial aid and in-kind support in the form of aid in kind to “local and regional communities” in Ukraine, including during the period of Russia’s aggression against Ukraine. In addition, the article found that all surveyed Polish local governments implemented international cooperation focused on humanitarian aid to Ukrainian partners. The article is original in nature and was devoted entirely to the issue of international cooperation during the period of Russia’s aggression against Ukraine.
agresja Rosji na Ukrainę pomoc finansowa i rzeczowa Russia’s aggression against Ukraine financial and in-kind assistance współpraca międzynarodowa samorząd terytorialny international cooperation local government
The real system of government in Poland after the country’s accession to the European Union
The subject of research presented in the article is the system of government in Poland. The considerations concern the relationship between the normative solutions defined in the Constitution of the Republic of Poland of 1997 and the influence of the EU on the modification of political solutions in Poland. It was hypothesized that after Poland’s accession to the EU, the system of government in Poland changed in terms of political practice. It has been shown that functioning in the EU resulted in a departure from the characteristic rationalization of the system of government and bringing it closer to the parliamentary model. The prediction presents possible further directions of modification of the system of governance depending on the evolution of the EU. The research was based on the following methods: institutional-legal, systemic and comparative.
Constitution of the Republic of Poland of 1997 integracja europejska Konstytucja RP z 1997 r. system of government Polska system rządów Unia Europejska European Union European integration Poland
“Self-governing Republic” – the ideological signpost of “Solidarity”
In the autumn of 1981, the 1st National Congress of Delegates of the Independent Self-Governing Trade Union “Solidarity” took place, which democratically elected its authorities and adopted a modern program. The program covered all areas of life. Its basis was supposed to be workers’ self-government. The gradual implementation of the program was to lead to the democratization of the system through free elections at the regional and then national level. The introduction of martial law made it impossible to start reforms and delayed the political transformation. During the system change in 1989, during the Round Table talks, some of the provisions contained in the “Solidarity” program were used. We can acknowledge that the 1st National Congress of Solidarity Delegates played a role in the process of political and social transformation in Poland. Further implementation of the postulates was possible in a democratic system.
I Krajowy Zjazd Delegatów 1st National Congress of Delegates democratization, demokratyzacja transformacja ustrojowa Solidarność Solidarity political transformation
The purpose of the publication is to study the state and peculiarities of teaching European studies for students of technical specialties in higher educational institutions of Ukraine, mainly on the example of Lviv Polytechnic National University (hereinafter LPNU), where the Erasmus+ Jean Monnet Chair project “European Studies for Technical Specialties” (hereinafter EUSTS) has been implemented since September 2022. The hypothesis of the presented research is the statement that with the strengthening of the European integration course of Ukraine the demand for knowledge about the European Union and the European integration of Ukraine among students of technical specialties is increasing, and university education is ready to satisfy such a request, applying the latest methods and approaches in the organization of education. The main focus is on clarifying the peculiarities of the formation of European studies in Ukraine; including not only classical, but also technical universities in this process; search for effective mechanisms for implementing knowledge about the EU into the educational process of students of technical specialties. To achieve the specified goals, a number of research methods were used, such as: historical-comparative, periodization, analysis of empirical data, systemic and structural-functional. It has been found that the development of European studies in Ukraine has gone through several stages of its formation. The first lasted from the moment Ukraine regained its state independence in 1991 and was characterized by the presence of limited opportunities in universities to introduce European studies in the conditions of a centralized higher education system. The second stage was marked by the adoption of the Law of Ukraine “On Higher Education” (2014), which, in fact, provided sufficient tools for the development of European studies in Ukrainian universities. Similarly, at that time, the study of the European Union and European integration was formed at Lviv Polytechnic National University, including for students of technical specialties. On the basis of statistical data, it has been concluded that among the students of the National Academy of Sciences, there is a growing interest in the study of academic disciplines related to the EU and the European integration course of Ukraine. To a large extent, this is explained by the current political status of Ukraine as a candidate for EU membership and the strengthening of Ukrainian society’s support for the process of European integration as a result of Russian aggression. Accordingly, a number of educational disciplines have been introduced for students of technical specialties at the level of LPNU in recent years, which form knowledge about the EU and European integration, but only thanks to the implementation of international projects here, mainly the Erasmus+ Jean Monnet programs. This creates prerequisites for the fact that, in the future, separate educational programs in European studies can be developed at the university, which are most expedient to implement at the second (master’s) and third (PhD) educational levels. It is important that they focus on those policies of the EU and European integration directions of Ukraine that are of particular interest to students of technical specialties, for example, EU digital policy, EU energy policy, EU policy in the field of climate, environmental protection, etc. The acquired competences will not only allow the graduates of LPNU to implement European standards and values in their professional activities, but also to more effectively use the EU toolkit in the post-war reconstruction of Ukraine. Also, taking into account the recommendations of the Ministry of Education and Culture of Ukraine and the political situation of the state, it is worth introducing a mandatory educational discipline for all students of technical specialties of Ukrainian universities on the topic of the European Union, its principles, foundations and values, as well as the features of Ukraine’s European integration progress in various areas.
technical specialties european studies research European Union Ukraine
This article explores the phenomenon of elections as a political chronotope, a spatio-temporal realm where the mechanisms of democracy unfold. Its aim is to elucidate the unique socio-political nature of elections. The author establishes that the spatial and temporal characteristics define the format and regulations governing electoral interactions. The term «chronotope» is understood as an interdisciplinary concept that captures the essential connections between temporal and spatial features within a specific order of phenomena. Although extensive research has focused on the social, technical, and psychological aspects of expressing one›s will, the ontology of elections, which encompasses the comprehension of the «unity of time and place of action» and the involvement of political actors in the electoral scenario, has been largely overlooked. Additionally, this study concentrates on the concept of the electoral situation, which delineates the synchronous and diachronic connections wherein citizens’ political choices are positioned, realized, and interpreted. The notion of the electoral situation can be correlated with the term «political landscape», which is only partially related to actual geography but predominantly pertains to the comprehensive conditions of an electoral competition (the coordinate system) and the participants involved in this process. The article’s author illustrates how the electoral situation constructs synchronous and diachronic connections at various levels of political interaction. Notably, these connections are facilitated by political mythologems, which serve as unifying and integrative factors within the electoral chronotope. By examining these mythologems, the author highlights their role in shaping the narrative and symbolism surrounding elections, ultimately influencing the dynamics and outcomes of the electoral process. Overall, this article delves into the intricate relationship between elections and the spatio-temporal framework in which they occur. By emphasizing the significance of the electoral situation and its connection to the broader political landscape, the author sheds light on the multifaceted nature of electoral processes, enriching our understanding of democracy’s fundamental mechanisms.
electoral situation сhronotope frame analysis actor-network theory political landscape political actor frame elections
The digital transformation of public relations has become possible with the introduction of artificial intelligence, the Internet of Things, cloud computing, immersive technologies, and data analytics. These technologies make it possible to create a metaverse where communication, knowledge acquisition, work, business, investment, creativity, and much more are available to everyone. The article offers an in-depth analysis of the institutional legal framework governing the international financial architecture within the realm of digital transformation. It explores regulatory mechanisms and developmental trends within the legal and financial systems of both the European Union and the Republic of Poland. The study delves into instances of commercial fraud involving digital assets, thoroughly examining their implications on the traditional financial system. In the virtual world, the capital market has no borders and jurisdictions. False and unreliable information has become an instrument of manipulation by society and is actively used by market participants. The conventional financial system experiences a loss of control over its functions, particularly in the process of converting fiat funds into digital assets. Decentralized finance regulated by cryptocurrency can replace the Bretton – Woods system. Blockchain is “a technology of utmost honesty” in data transmission. The task of society is to be guided by ethical, social, moral, and environmental aspects in the initial placement of information. The effectiveness of legal regulation of the digital environment is possible only with the adoption of regulations, rules, and recommendations of international organizations in the legislation of each country. A single principle of legal regulation will allow us to build a more just world and its sustainable development.
digital assets transnational organized crime token commercial fraud metaverse international financial architecture decentralized financial system digital transformation Blockchain cryptocurrency
In the conditions of the full-scale invasion of the Russian Federation on the territory of Ukraine, the issues of equal rights of women and men, prevention and counteraction of any manifestations of discrimination, including on the basis of gender, require a comprehensive approach for their effective solution and consolidation of the efforts of all state and public institutions. Ukraine continues to take decisive steps to overcome this problem, following the Euro- Atlantic and NATO course. Ukraine supports the policy of gender equality aimed at overcoming all forms of discrimination based on gender. Ukraine has embraced gender equality as a fundamental global standard, a cornerstone of democratic societies. The nation is actively working towards attaining authentic and factual equality between women and men, underscoring its commitment to fostering a society where equal opportunities and rights are afforded to individuals of all genders. Evidence of this is the active implementation of international and European legislation and the implementation of its provisions in the practical activities of state bodies and institutions of all levels. In order to overcome gender stereotypes, education is actively developing, the institutional capacities of state bodies and institutions, local self-government bodies are being strengthened. Furthermore, statistical research indicates that women continue to face restricted access to resolutions in armed conflicts, despite their significant contributions to humanitarian efforts. Women remain underrepresented in key sectors like security and defense, particularly at decision-making levels. This includes both military and civilian roles within the Armed Forces of Ukraine, the National Police, and international peacekeeping operations, highlighting an ongoing imbalance in gender representation within these critical areas. In view of the above, the issue of gender equality in the security and defense sector of Ukraine, in particular, in the bodies of the National Police, deserves special attention and remains relevant. The responsibility for implementing a cohesive state gender policy within the units of the National Police of Ukraine lies with the Human Rights Office of the General Inspection and Human Rights Department of the National Police of Ukraine (hereinafter referred to as the Human Rights Office). Despite the considerable volume of the legal framework outlining a diverse range of competences for the Human Rights Office as a subject of administrative and legal relations, it can be confidently stated that there has been no thorough examination of the regulatory and legal aspects governing the activities of the Human Rights Office in the field of implementing the unified state gender policy. This lack of comprehensive study contributes to the presence of numerous gaps in the legislative foundation of the Human Rights Office’s activities. All this actualizes the topic of the corresponding scientific research, testifies to its scientific and practical usefulness, taking into account the recent significant intensification of domestic law-making processes aimed at defining the legal foundations of gender equality and nondiscrimination, the integration of European and international legislation into domestic legislation.
security and defense sector sexual harassment in the workplace discrimination based on sex equal rights of women and men gender equality
Periodization of the great Moscow-Ukrainian War in the XXI century and probable scenarios of its development and completion
The study aims to characterize the essence and content of the ongoing Moscow-Ukrainian war since 2014, providing the author’s options for scientific periodization and forecasts for its conclusion. The research methodology adopts a systematic approach, relying on the method of periodization in historical analysis. General scientific methods, such as historical and logical approaches, along with specific scientific historical methods like comparative-historical and retrospective analyses, are employed. The method of theoretical modeling is extensively used to describe potential scenarios for the war’s end. The study emphasizes that any periodization should meet specific criteria, like the global context. Historical parallels are drawn to enhance the understanding of the problem, and various options for the periodization of the MoscowUkrainian war proposed by other scholars are critically analyzed. The term “ATO” (Anti-Terrorist Operation) is subject to a critical analysis, assessing its impact on historical thought about the conflict. The author presents several options for the periodization of the war, categorized as “detailed” and “optimal.” The study also formulates and systematizes various scenarios for ending the war and explores its potential consequences in the context of future international relations. The research assesses the influence of the “strange” military mutiny in June 2023 on the socio-political situation in Muscovy (historical name for the Russian Federation). This assessment allows the author to formulate probable scenarios for the war’s conclusion.
German war reparations for World War II (Polish controversy)
German war reparations were imposed arbitrarily by the victorious powers, because no peace conference was convened. They were estimated at $20 million at the 1938 exchange rate, half of which went to the USSR (the Polish People’s Republic was to receive 15% of its pool). In addition, they were imported by the great powers themselves. Western powers abandoned their importation in the late 1940s, and the USSR, including the Polish People’s Republic, abandoned it in 1953. Both the Federal Republic of Germany and the four superpowers signed the so-called the two plus four agreement in 1990 considered the end of World War II. Poland received only part of the reparations due to it as part of Russian reparations. And so far, financial compensation from the Federal Republic of Germany has not satisfied her. During the PiS government, President Jarosław Kaczyński considered demands for such reparations to be a political issue aimed at weakening the international position of Germany, including the EU, and for his own election campaigns.
straty wojenne zadośćuczynienie reparacje Kaczyński Mularczyk war losses reparations odszkodowania compensation Raport report
The article is devoted to the study of modern problematic issues of causation in criminal law. These issues include, in particular, the issue of relevance of causation in criminal law itself, and the specifics of manifestations of relevance of causation in criminal law. The article notes that the purpose of scientific research is to identify and analyze the characteristics and criteria of relevant causation. The methods of the presented study include dialectical, systemic-structural, logical, etc. The results of the study are summarized in a number of important provisions. The author emphasizes the importance of the study of causation in criminal law as a formal and legal one, which is related to the study of causation as relevant, meeting the requirements and solving the problems of modern criminal law. The article notes that the characterization of causation in criminal law should not be limited to the connection between an act and socially dangerous consequences, since causality expressed by causation is manifested in a combination of components which are part of the content of various criminal law institutions. The article examines some characteristics of the relevance of causation in criminal law. Attention is drawn to the importance of legal and technical reflection of causation in criminal law as a condition for the relevance of causation. The article notes that the formalization of causation is the basis for considering such a connection as relevant (meeting legal requirements). The author examines institutional and inter-institutional manifestations of causation in criminal law. Furthermore, the author examines the causal manifestations which combine a criminal offense (in particular, a crime) and the legal consequences provided for by criminal law in relation to the subject who committed the offense. The article examines the peculiarities of causation in relation to certain criminal law institutions. The main conclusions of the study are the following: the need to clarify the criteria of relevant causation, the statement of relevant causation in criminal law within certain criminal law institutions, the need to consider causation in a broader criminal law context, and not only within the corpus delicti, etc.
causal connection relevant connection criminal code criminal law institute complicity Crime significant harm grave consequences relevance
Issues of Normative Regulation of State Registration of Human Genomic Information
The purpose of this article is to identify problematic issues in the normative regulation of state registration of human genomic information and to make proposals to facilitate their resolution. The methodological basis of the study was various general scientific and special research methods: analysis, structural and functional, synergistic, regulatory and logical, comparative and legal, analogy, extrapolation, and legal interpretation. Main conclusions. Genetic information makes it possible to identify a person with high accuracy and, accordingly, is of great practical importance in matters of prevention, investigation, detection of crimes, and identification of the persons who committed them, allows to improve the work of searching for missing persons and identification of unrecognizable human corpses, etc. Forensic examinations based on molecular genetic studies are conducted by forensic experts of forensic research institutions of the Ministry of Justice of Ukraine, expert service of the Ministry of Internal Affairs of Ukraine, expert units of the Security Service of Ukraine in specialty 9.5 “Molecular genetic research” and experts of the Bureau of Forensic Medical Examination of the Ministry of Health of Ukraine, specializing in forensic medical examination. The author substantiates the need to develop and adopt the following procedures: mandatory state registration of human genomic information; voluntary state registration of human genomic information; storage of biological material selected for mandatory state registration of genomic information; destruction of biological material selected for state registration of genomic information.
геномна інформація genomic information DNA human genomic identification molecular genetic research forensic expert activity
Family as a Basic Value in the Consciousness of School Youth
In this article, we will delve into two key aspects: the family as a fundamental and prioritized value within everyday values and the aspirations of young people regarding marriage. The sociological analysis is grounded in the outcomes of public opinion surveys and research conducted in the first and second decades of the 21st century. Throughout the 20th century and the initial decade of the 21st century, family and contented family life consistently held the top spot among the life goals of Poles, standing out as one of the most cherished values. However, in the course of the accelerated transformation of Polish society, success or a thriving professional career is emerging as a distinct life value for young Poles, competing to some extent with the significance attributed to family. Notably, around 60% of respondents among school youth express a commitment to formal marriage in their future plans.
school youth family as a basic value family in the hierarchy of everyday values life plans of young people secularization of morality młodzież szkolna rodzina jako wartość podstawowa rodzina w hierarchii wartości codziennych plany życiowe młodzieży sekularyzacja moralności
The article examines the circulation of falsified medical products and medical devices under the Medicrime Convention with an emphasis on the scope of this Convention. The Medicrime Convention is a basic international legal act that defines the European standards of the model of criminal law protection of circulation of medical products and medical devices against their counterfeiting (falsification). The author notes that given the importance of these provisions of the Medicrime Convention for the criminal protection of pharmaceutical activity and individual and public health, the specific content of its provisions requires independent analysis. The article proposes to analyse the scope of application of the Medicrime Convention in view of the specific content of “subjects” to legal protection in accordance with the provisions of the Medicrime Convention. The author emphasizes the importance of scrutinizing the terms such as «medical products,» «medical device,» «medicines,» «active substance,» «accessory,» «parts,» «materials,» and «document» outlined in Article 4 of the Medicrime Convention. This scrutiny is deemed necessary to understand the legal standards governing the criminal protection of pharmaceutical activity. To achieve this, the author proposes a comparative analysis of these terms with the pertinent elements of pharmaceutical activity. The goals of this comparative analysis are twofold: a) to elucidate the role of these terms in the framework of criminal protection for pharmaceutical activity; b) to delineate the interrelationships among these concepts, thereby elucidating their significance in characterizing pharmaceutical activity as a subject of criminal law protection. In the opinion of the author, the “national model” of criminal protection of pharmaceutical activity should be focused on ensuring the protection of primarily the rights, freedoms and interests of subjects of pharmaceutical activity, the connections between them, which ensure the circulation of medicinal products, and “stay” outside circulation of medicinal products, as well as connections between subjects of pharmaceutical activity related to their exercise of powers (professional powers) in the field of pharmaceutical activity. In addition, as the author notes, along with pharmaceutical (medical) products, “accompanying” items that ensure “handling” with pharmaceutical products or, in other words, ensure the implementation of pharmaceutical activities with pharmaceutical products, are subject to criminal protection: “accessories intended for use with medical devices”. The author proves that at the level of the Medicrime Convention, medical products and medicines as a separate type of medicinal products are mandatory components of the circulation of medicinal products, and in view of the above ratio of the concepts “medicines” and “medical products” is equivalent to the circulation of medicinal products only in if we take into account the two named types of medicinal products.
Medicrime Convention counterfeit medicinal products medical products draft of the Criminal Code of Ukraine medical devices
The relevance of the article is attributed to the swift evolution of the social and state system. With the advancement of the political, economic, and social dimensions of existence, there is a growing need to consider public opinion and enhance public legal awareness in the medical domain. The purpose of the study is to apply correlation analysis in comparing legal sciences and medical sciences, combining them, and subsequently utilizing applied legal dialectics within the realm of medical law knowledge. To achieve this goal, dialectical and logical methods, as well as general scientific methods such as observation and generalization, were employed. Globalization processes are supranational in nature, and under conditions of driving factors are subject to constant development. The medical field is not an exception and is influenced by other sciences, including legal doctrine, informatics, and economics. Clinical research in the medical field is subject to international influence and development, unification and legal regulation. Internationalization processes are making innovative adjustments to the development of medical science, introducing advancements such as artificial intelligence, personalized medicine, predictive medicine, preventive medicine, participatory medicine, and precision medicine. Consequently, personalized patient data is designated as sensitive and necessitates additional legal regulation. Additional attention is paid to the issue of criminal liability of medical workers as special subjects of professional activity. The results of research are reflected in the established search routes of the possibility of improving legal awareness of medical personnel in the context of practical professional activity. Such practical ways can serve as: the creation of informative material of legal content, adapted to the understanding of persons who are not specialists in the field of law, instead, they are professionals of high intellectual level of medical services. The practical importance of the results of creating information and legal content of the medical industry can be reflected in the results of advanced training by medical personnel, in addition, in the elements of self-education of doctors – researchers, private doctors – specialists, etc. Analytical study of the statistical informative material of the medical industry is reflected in legislative and normative legal acts, taken into account in the case law of the national level, taking into account the decisions of the European Court of Human Rights.
clinical trial protocol innovative development medical worker personal data criminal liability Unification globalization
This article shows the relationship of the Azerbaijan Republic with such international companies such as GTZ, DAWD, Grunewald, Kappelhous, and Siemens. All mentioned entities enable to present the relationship between Azerbaijan and Germany. The analysis of the abovementioned relationship can be considered an important step in the process of integration of the Republic.
The World Health Organization labor organizations Development and Provision Programs of the UN the USAID Azerbaijan International Company (AIOS) BP Azerbaijan International Society of Turkish Industrialists and Businessman (AISTIB) GTZ German Development Cooperation German-Azeri Business Association (DAWD)
Over the past nine years, the Ukrainian economy has been developing in the context of partial occupation of its territories, violation of human and civil rights and freedoms, and seizure of state property. On February 24, 2022, a neighboring state invaded Ukraine, which led to the introduction of the legal regime of martial law in Ukraine. In the article, the author identifies the main approaches to regulating the economic situation in the temporarily occupied territories and determines what the State’s policy should be after their de-occupation. The author also examines the content and features of the concepts of occupation and de-occupation. The concept of Ukraine’s state policy on the temporarily occupied territories requires a detailed analysis, primarily of its legal framework, institutional mechanism, identification of problems and outlining of ways to solve them. This requires scientifically balanced and well-founded approaches, timely, coordinated and predictable actions by the public authorities of Ukraine, and consideration of positive international and national experience. The impact of the martial law regime on almost all spheres of public life, all areas of state policy, the legal framework and institutional structures for the implementation of state policy, and the forms and methods of work of state and local government bodies is obvious. There is a natural need to improve a significant number of existing legal acts of Ukraine and adopt new ones in this area. It is important to expand the range of entities responsible for ensuring the de-occupation of the temporarily occupied territory of Ukraine. The author emphasizes the need to define a system of legal means which can form the basis of a special economic regime both in the temporarily occupied territories and in the de-occupied territories. It is also important to eliminate the imbalances in the development of different regions of Ukraine, as well as to determine the priorities for restoring the economic system in the de-occupied territories.
territories of priority development legal regulation mechanism legal means restoration of the occupied territories state policy
Language learning as a factor in preserving the identity of Ukrainians in Poland
Language learning as a factor in preserving the identity of Ukrainians in Poland. One of the primary factors in fostering national identity is mastery of one’s native language, preservation of national memory, and nurturing of cultural traditions of one’s people. The Republic of Poland is a state that has one of the most significant Ukrainian minorities and has hospitably sheltered a vast mass of Ukrainian immigrants who left the Motherland due to Russian military aggression. The purpose of the article is to investigate the possibilities for preserving the identity of Ukrainians in 17 Poland through teaching children their native language. We have implemented the following tasks to achieve the goal: 1) We have determined the role of the national language in preserving identity. 2) We have clarified the historical and political prerequisites for a large Ukrainian community in Poland. 3) We have outlined the distinct types of educational opportunities for teaching children their native language in the Republic of Poland. 4) We have revealed the trends in the positioning of the Ukrainian language in Polish society. The article draws attention to different types of migration of Ukrainians. It reveals specific differences in intentions to nurture Ukrainian identity, satisfy one’s own national and cultural needs, and avoid assimilation. We have distinguished and characterized three types of educational institutions in the modern education school of the Republic of Poland where children are taught the Ukrainian language: Saturday schools or educational institutions under public organizations; Polish secondary schools, where Ukrainian is studied as a second foreign language; Educational institutions that conduct Ukrainian language training. We have revealed that the primary trend related to the positioning of the Ukrainian language in Polish society is the strengthening of its status in line with the educational policy of the European Union due to the increased interest of Poles in Ukraine, its language and culture.
Ukrainian school education in native language Ukrainian language language learning national identity
Policy for introducing best management practices in healthcare entities around the world. A case study of Virginia Mason Hospital in the United States
The subject of the article is the best management practices (j. polski: NPZ) implemented in medical entities around the world. The implementation of NPZ was presented on the example of Virginia Mason Hospital in Washington State in the United States. The aim of the article is to show the advantages and benefits resulting from the implementation of NPZ in medical entities. During the considerations, answers were sought to the research questions: 1) how can NPZ be used in medical entities?; 2) how can the practice and experience of Virginia Mason Hospital be used in implementing NPZ in other healthcare entities? The article uses the system analysis method to study the United States health system and the NPZ implementation system at Virginia Mason Hospital, which required the use of a qualitative method. The comparative method was used to study differences in the implementation of NPZ. The research results were presented using a descriptive method.
najlepsze praktyki zarządzania polityka zarzadzania Stany Zjednoczone United States podmioty lecznicze management policy best management practices medical entities
This article discusses the modern concept of civic education and its history, which dates back to ancient times. Civic education is perceived as the process of educating individuals about their rights and responsibilities as members of a society and preparing them to participate in the democratic process. One of the key objectives of civic education is to promote active citizenship and engagement in the democratic process. The article highlights the interdisciplinary nature of civic education and its connection to a well-constructed educational system, as well as detects the biggest challenges for the process. The purpose of the article is to introduce the importance and development of civic education and to analyze its state in Poland, noting the changes that have taken place over the course of the 21st century. To accomplish this objective, the author decided to compare various reports on both the state of democracy and education in Poland. Furthermore, the author sought to underscore the significance of the individuals responsible for educating society, as well as the methodologies employed in civic education, which significantly influence the formal civic education of young individuals. Such ideas were also presented in the recommendations.
edukacja społeczeństwo obywatelskie historia szkoła demokracja dezinformacja Education civil society history school democracy disinformation
The article aims to assess the relationship between Ukraine and Russia since the Donbas crisis. The regional rivalry between Ukraine and Russia has largely contributed to the instability of Eastern Europe. The article describes the concerns of the geopolitical game of influence between the West, led by the United States, and Russia. The article explores Ukraine’s eastern border conflict as a live myth-making process. The study used the empirical and theoretical literature to find the objectives of this research. This article outlines the objectives of the Donbas region crisis output, Ukraine and Russia relations, and the EU sanctions against Russia, comparing the expectations of the political, economic and cultural aspects. The new conflict between Ukraine and Russia validates a new kind of geopolitical adventurism and blurs both the territorial and imaginary borders of the Russian state. As a result, the Ukrainian eastern crisis in the Donbas region has highlighted the fragility of the Russian national identity and the incompleteness of the Russian administration.
Ukraine Russia security Donbas Region Geo-Politics Regional Crisis NATO and USA
The article deals with the concept of fiduciary activity of an attorney-at-law. The author analyzes foreign experience, in particular, the EU and the USA on fiduciary activity, and conducts a comparative legal analysis. The author examines the prospects for introducing such activities into national legislation on the advocacy. The author focuses on European legislation, in particular, the Common Code of Practice for Lawyers of the European Community. The author examines in detail the procedure for fiduciary activities in the EU and the USA, with special attention paid to the procedure for providing such activities by attorneys. The author emphasizes the advantages and disadvantages of fiduciary activities in foreign countries. The author examines the draft amendments to the national legislation on the Advocacy regarding the introduction of fiduciary activities. The author emphasizes that although the experience of foreign countries with regard to fiduciary activities is quite positive, one should not try to quickly and blindly implement European standards into national legislation, as this will take time. The author determines that a lawyer who manages client’s funds in the course of performing professional duties in the territory of one of the Community States must comply with the rules for managing client’s funds and maintaining financial records established by the competent authorities of the State of registration. The author of the article also establishes that the competent authorities of all Community countries have the right to control and confidentially examine the financial documents of an attorney-at-law on the client’s funds placed at his disposal in order to identify cases of violation of the rules to be observed by the attorney- at-law and to impose sanctions on him in case of the above violations. The advocate, who manages the client’s funds in the course of the performance of his or her professional duties in the territory of one of the Community states, shall comply with the rules for the management of client’s funds and the maintenance of financial records established by the competent authorities of the state of registration.
fiduciary activity attorney-at-law legislation European community court
The article is devoted to the analysis and the characteristics of the rights and the proxies of the monarch in Romania according to the Constitution of 1866. The adoption of the first Basic Law was the fateful act in the history of the state-building processes of Romania and contributed to its development as the sovereign state. The Constitution had the contractual nature and established the compromise between the young bourgeoisie and the large landowners in the form of the constitutional monarchy. The king in Romania for a long time remained the person who was «above» of all the state and political leadership of the country. This status and the proxies of the monarch were delegated with the first Basic Law. The legal fixing of such legal status of the monarch at the level of the Constitution made it possible to establish full-fledged royal power, which was an extremely important state-political step for the development of Romania as the independent country. The constitutional foundations, the functions and the limitations of the institution of the monarchical power in the principality were fixed in the number of the articles of the Constitution of 1866. At the same time, the important state-constitutional aspect was the clear fixation that all proxies of the monarch could be done based on the interests of the Romanian nation. The Basic Law of 1866 established the proxies of the monarch such as in the legislative branch of power (the right of legislative initiative, the right of the interpretation of laws, Articles 32–34); executive power (had to implement it in the manner determined with the Constitution, Article 35) and partially in the justice system (the right to declare amnesty on the political issues, the right to postpone or to mitigate punishment in criminal cases, Article 93). For strengthening of the foundations of the statehood, the Constitution officially established the principle of the hereditary power of the monarch (Article 82). His person was declared inviolable. Herewith, the Romanian constitutionalists fixed that the monarch did not have any other proxies, except those granted to him with the Basic Law (Article 96). Adopted in 1866, the Basic Law approved legally the democratic aspirations of the Romanian nation. It defined directly the most important principles of the state functioning as the principle of the national sovereignty, the principle of the division of powers, the principle of representative government, the principle of hereditary monarchy, the principle of the responsibility of the state officials, the principle of the Rule of law, etc. The Basic Law definitely contributed to the gradual democratization of the state-governing and public structures, the formation of the concept of the civil personality and untouchability, foresaw the presence of the political and legal pluralism in the country, etc. Due to the introduction of the institution of the constitutional monarchy, that ruler in the person of Karl I could establish and hold the certain political balance in the country between the liberals and the conservatives, which opened the possibility to potentially strengthen the two-party system and laid the foundations of the civil society and the future constitutional life of Romania.
executive power principality constitutional monarchy national representation basic law parliament succession to the throne judicial power
In the 21st century, one of the essential roles of the Criminal Code is to protect the rights and interests of crime victims. Criminal law is a complex field that must balance established principles with evolving societal dynamics. This involves various stakeholders, including the state, perpetrators, victims, and civil society, each with differing views on criminal law. The modern era, marked by post-truth narratives and a reputational society, has further complicated matters. Casuistry now prevails over systematic approaches, leading to a disconnect between criminal law’s foundational principles and intended societal outcomes. Contemporary criminal law operates on multiple dimensions, addressing individual, societal, and institutional levels while aiming to balance the interests of these entities. The transition from the “age of information” to the “age of reputation” underscores the importance of information subjected to external evaluation. In the context of harmonizing Ukrainian criminal legislation with EU and Council of Europe norms, it is vital to protect human rights. This aligns with a Committee of Ministers recommendation that recognizes crime as a wrong against society and a violation of individual rights, emphasizing the importance of safeguarding victim rights. Approaching criminal law from a victimological perspective offers unique insights into victim participation in criminal liability, crime qualification, and offender culpability. This perspective encourages assessing the efficacy of criminal law prohibitions and promoting victim engagement in crime control.
human rights criminal law victimology criminal policy victim-oriented policy
The outlined problems allow forming an idea and understanding of how modern society perceives and constructs political and ideological foundations. By examining the definition of new paradigms, the author expands knowledge of how contemporary forces such as globalization, migration, and military conflict shape the perspectives of individuals and communities. This study examines the reinterpretation of traditional ideologies and political concepts in the context of new realities. The author considers the impact of globalization on the formation of ideological foundations and the role of citizenship in this context. The impact of geopolitics on modern political philosophy is analyzed, highlighting how global relations and conflicts shape political views. The author notes that ideological political concepts in the 21st century are determined by the complexity of the modern global political landscape and responses to new challenges. The concepts emphasize the importance of global cooperation and shared values, offering an open and transnational vision of the political order; advocate the preservation of sovereignty and cultural identity, rejecting some of the globalization trends in favor of protecting domestic interests; are aimed at the protection of individual rights and freedoms, as well as the support of humanitarian values such as equality and justice; combine ecology and politics, reflecting the desire for sustainable development and solving environmental problems at the level of political strategies. Attention is drawn to the geostrategic aspects of defining national ideologies and the influence of global forces on domestic political processes. The author examines the challenges arising from civilizational oppression, focusing on environmental issues, migration problems and international conflicts. The significance of these challenges for the development of new political concepts and strategies is analyzed. Modern political philosophy questions existing structures and seeks alternative ways of managing society, as well as defining goals and values that should contribute to sustainable development. In-depth reflection on the ethical aspects of politics in the modern world also occupies an important place within the framework of the study. From issues of justice and equality to understanding the relationship between society and nature, the research aims to explore sound and innovative concepts for solving today’s challenges. This article stands out for its relevance and variety of approaches to the consideration of ideologies and political philosophy, contributing to a deeper understanding of modern challenges and the search for new paradigms in political philosophical thinking.
digital revolution information era freedom geopolitics management socio-cultural landscape
Attitudes of Schoolchildren towards Bioethical Morality
In our discussion of the social narrative, we address such issues as in vitro fertilization, human cloning and gender reassignment. These diagnoses are based on the results of sociological studies and nationwide surveys carried out in the two decades of the 21st century. In the past few years, the views of schoolchildren on bioethical issues have undergone progressive liberalization. Diverse views on important bioethical issues were found among Polish high school students surveyed in November and December 2022 and January 2023. In vitro fertilization was judged acceptable by 63.8% of the surveyed schoolchildren, “it depends” – 17.2%, unacceptable – 7.4%, difficult to say – 11.6%; human cloning (respectively) – 25.7%, 21.7%, 21.9%, 30.7%; gender reassignment – 42.2%, 15.7%, 28.3%, 13.8%. The average rate of bioethical issues analyzed was as follows: acceptable – 43.9%, “it depends” – 18.2%, unacceptable – 19.2%, difficult to say – 18.7%. Combining the first two responses, we get a rate of 62.1% of those who allow these behaviors as excusable (permissible). The Catholic Church’s position on bioethical issues was supported by slightly more than a fifth of the schoolchildren surveyed.
schoolchildren in vitro fertilization human cloning sex change secularization of morality
The article is dedicated to the examination of management processes and the implementation of strategies to enhance the quality of life in a regional context using the example of the Druzhbivska territorial community (TG). The article includes an analysis of the socio-economic context of the Druzhbivska TG, identifies key factors influencing the quality of life in the region, and considers measures and initiatives implemented within the strategy to enhance the quality of life. It addresses current challenges such as demographic changes and economic transformations, emphasizing the necessity of developing effective strategies to ensure sustainable development and citizen welfare. Recommendations highlight the development of healthcare and social security programs, the introduction of innovations in the medical field, and the creation of attractive conditions for youth and professionals through the advancement of education, science, and innovation. It is noted that the Druzhbivska TG can play a pivotal role in addressing these challenges. The research is focused on the issue of managing the quality of life in regional conditions, with a focus on the Druzhbivska territorial community. Decreasing birth rates, rising mortality, and population migration pose new tasks for the region. The article proposes specific strategies, including the development of healthcare and social security programs, innovative approaches in the medical sphere, and measures to retain youth and professionals. It underscores the role of the Druzhbivska TG as a key participant in addressing these challenges and ensuring an improvement in the quality of life for the population in the region. This text examines the importance of managing processes to improve the quality of life in regional conditions, specifically using the example of the Druzhbivska territorial community. It mentions that contemporary challenges such as demographic changes, economic, and social transformations make this issue exceptionally pertinent. The problems associated with declining birth rates, increasing mortality, and migration are highlighted, emphasizing the need for effective strategies to overcome these challenges. Specific ideas are proposed, such as the development of healthcare and social security programs, innovative approaches to the medical field, and initiatives to attract and retain young professionals in the region through educational and scientific initiatives. In conclusion, it identifies existing and potential issues in managing the quality of life in a regional context and suggests specific pathways to address these challenges through the active participation of the Druzhbivska territorial community. The proposed strategies aimed at improving healthcare, social security, and creating an appealing environment for youth and professionals may serve as a foundation for sustainable development and the enhancement of the quality of life in the region. Thus, the article illuminates the importance of effective management of processes aimed at ensuring community well-being and development.
Process Management Druzhbivska TG social protection and healthcare directions for further development innovative approaches global trends programs development current challenges
This article addresses the urgent issue of hybrid threats within the international legal framework. It examines their implications through the lens of the conflict in Ukraine, Israel and other violations of fundamental principles of international law by authoritarian actors. The author critically evaluates the inadequacy of the current international legal system in dealing with the complex nature of hybrid threats, which exploit vulnerabilities in democratic societies. The article advocates for a comprehensive approach, calling for reforms at national, regional, and international levels to strengthen resilience and establish a more secure and adaptable international system. Throughout the article, various proposals are presented with the aim of reshaping the global security architecture. The author emphasizes the need for a thorough reassessment of existing international norms and institutions, highlighting the urgency of adopting innovative strategies to protect against the sophisticated tactics employed by authoritarian actors in hybrid warfare.
international law adaptive democracy hybrid democracy enforcement hybrid war
Warsaw Ghetto Uprising of 1943. Disputes Over the Attitude of Poles toward Jews
One of Hitler’s important goals, as stated in “Mein Kampf”, was the destruction of the Jews. He began implementing this plan with the outbreak of World War II. In the occupied Polish territories and as his conquests in subsequent European countries progressed, he ordered first the concentration of Jews in ghettos and their annihilation through progressive starvation, and from the spring of 1942 through their mass annihilation in special extermination camps. Those in Warsaw, Poland – they constituted some 3 million – in 1943 made a desperate attempt, with no real chance of success to resist, the Warsaw Ghetto Uprising. This resulted in the destruction by arson of some 50,000 Jews who remained there. This event and its aftermath provoke passionate disputes as to whether Poles provided, and to what extent, assistance to the murdered Jews. This sketch will show the disputes, and within the Poles, waged on the 80th anniversary of these events related to this. This is the aftermath of contemporary Polish “historical politics”.
Holocaust Jews Poles Treblinka anti-Semitism ghetto uprising Nazism extermination
The article examines a new social group in Ukrainian society that emerged after the events of 2014, related to the aggressive actions of the Russian Federation against Ukraine and the annexation of Crimea. This social group became even larger after Russia’s criminal full-scale invasion of the territory of sovereign Ukraine. Internally displaced people have become the face of the crisis of social, economic and psychological stresses that modern society has faced against the backdrop of war. The authors examine the main issues faced by internally displaced persons, drawing attention to the fact that the indicators of this category are increasingly changing the structure of Ukrainian society. The article defines the category of IDPs, focuses on the consideration of IDPs as two instances: a special social status that is a determinant of behavior/socio-cultural determination and creation of their own conditions in the socio-economic situation, or a special social group that has received legal shelter with the help of the authorities according to the established status.
Internally Displaced Persons (IDPs) migrants socio-economic status displaced persons social adaptation social security
In the financial system of the state, law-making activity is built on an extensive system of constitutional principles, a wide range of market relations, effective legal regulation, because it is the synthesis of these legal concepts that allows for the implementation of effective and socially oriented state policy, since ensuring compliance with the principle of the rule of law remains a priority and fundamental principle state formation. This allows us to once again emphasize the importance and necessity of the state’s responsibility for ensuring compliance by officials and those authorized to perform the functions of the state before citizens, but this does not exclude the mutual responsibility of a person before the state and every citizen. Determining the definition of financial and legal responsibility is considered the most difficult and one of the most controversial in the modern legal system. The definition of the type of financial and legal responsibility as an independent element of financial and legal science is rather vague and controversial, which is associated with the impossibility of establishing a cause-and-effect relationship and establishing a financial and legal sanction. The primary task is the tort demarcation and legal definition of the delimitation of financial and legal responsibility separately from the general definition of legal responsibility, in particular administrative, because the system of current legislation contains conflicting and duplicating norms that create difficulties in law enforcement practice. The analysis of recent scientific works allows us to identify some problematic aspects of financial and legal responsibility that have not been sufficiently characterized and studied. Acquaintance with scientific publications from this direction allowed us to conclude that they relate to certain theoretical and practical aspects of financial and legal responsibility. The general theory of legal responsibility remains controversial and requires detailed research with the categorical legal apparatus, because at the moment there is no single principle of interpretation of such concepts as «legal responsibility», «offence», «sanction», only a partial correlation of legal sanctions and legal responsibility has been carried out.
financial and legal responsibility subject of responsibility objective party of responsibility territorial community local self-government bodies person authorized to perform state functions
The position of the European Union towards artificial intelligence in medicine. Analysis and implications of the ‘Regulations of the European Parliament and of the Council laying down harmonized rules on artificial intelligence’
In the face of a technological revolution driven by advances in the field of Artificial Intelligence (AI), the following work aims to explore the expected implications and consequences based on the Regulation of the European Parliamen and Councilt: Artificial Intelligence Act, with a particular focus on the medical sector. The above mentioned act, which is a response to the dynamic social and technological changes, is a groundbreaking initiative of the European Union aimed at ensuring the safe, ethical and responsible use of AI. In the healthcare sector, where AI has the potential to fundamentally transform diagnosis, therapy and healthcare management, this regulation plays a key role in defining the future of data-driven medicine. Our work examines the impact of this legal act regarding safety, transparency and the protection of civil rights in the medical sector. We draw attention to the fundamental challenges and threats related to the integration of AI in medicine, including issues of ethics, security and data protection. Our work highlights that the future of AI in the healthcare sector should be shaped not only by technological progress, but also by a strong commitment to ethics, responsibility and respect for human rights.
The aim of the article is to draw attention to and explore the problem of access to various types of information on the Internet. It also emphasizes the relevance of this issue in the modern world. The article employs general and special scientific methodologies for conducting legal research, including systemic, systemic-structural, comparative legal analysis, and synthesis, deduction and induction, and other methods of scientific cognition. In our time, one of the significant problems on the Internet is the dissemination of information, despite users granting permission for the use of such data. For example, seemingly trivial information such as a person’s address can be freely used in educational institutions, municipal administrations, and other organizations. However, when entering the online space, the circle of individuals with access to this information significantly expands, posing potential harm to many citizens. There are organizations and laws designed to control the flow of information on the Internet, but unfortunately, such control is currently imperfect. As a result, many personal data that people would not want to disclose become freely accessible to all individuals online without their consent, leading to the misuse of data against the subjects, violating their right to personal life, honor, and dignity. The article discusses the protection of informational rights and the security of individuals in modern information society as one of the state’s priority goals to ensure legal life and the well-being of citizens. It also touches upon the category of “information violation” as it is directly related to the rights to information protection and the responsibility for encroachments upon them. The Internet space is one of the largest concentrations of information regarding subjects of socio-legal relations. Therefore, information can be utilized for the benefit of people as well as for the opposite. Overall, many actions in the online space are illegal and can cause harm to other Internet users. The global Internet network is a vast data repository, so the article examines the dissemination of confidential information specifically in this space.
information violations information protection regulatory legal regulation information crime information violation online information sphere
The paper explores the possibility of introducing modern legal mechanisms of civil forfeiture adopted in foreign jurisdictions into the Ukrainian institute of recognition of unexplained assets and their forfeiture to the state revenue (“RUA”). Before defining the mechanisms of civil forfeiture adopted in other states, the paper defines essential characteristics of defendant and plaintiff for this category of cases. Moreover, based on the analysis of defendant’s essential characteristics and legal practice of the High Anti-Corruption Court (“HACC”) as well as the Appeals Chamber of High Anti-Corruption Court (“AP HACC”) in RUA cases, the essential characteristics of nominal owners are defined, and their role as determinant of unexplained assets concealment is indicated. Based on the analysis of legal practices of the European Court of Human Rights (“ECtHR”), a conclusion has been made with regards to the possibility of recovery of unexplained assets acquired before the civil forfeiture law’s entry into force, as well as an assessment of compliance of such a sanction with the European Convention on Human Rights (“ECHR”). The paper indicates the need to amend Part 1 of Art. 57 of the Civil Procedure Code of Ukraine. Based on the analysis of the application of the institute of civil forfeiture in foreign states and the results of his previous research, the author concludes the expediency of extending the provisions of RUA mechanism in Ukraine onto assets acquired before the RUA law came into effect. The work provides statistical data from other states indicating the effectiveness of settlement agreements (settlements) in illicit enrichment cases. Taking into account the practices of other states, the possibility of implementing the institute of settlements has been determined, both before the filing of a RUA lawsuit, and during the trial. Furthermore, the paper emphasizes the importance for the prosecutor to be given a choice between criminal and civil procedure for asset forfeiture, irrespective of the value of the potentially unexplained asset. Taking into account the Supreme Court’s practice regarding mala fides and bona fides purchasers of assets, as well as legal practices in foreign jurisdictions, the author establishes the need to introduce amendments to the Civil Procedure Code of Ukraine that allow the recovery of the unexplained assets that have been transferred to a third party, if such party was plausibly aware of their illicit origin, and also in the event of impossibility of executing court ruling in a RUA case
civil forfeiture nominal owner ex post facto application the settlement bona fide acquirer fraudulent transaction ECHR practice
Social life is constantly undergoing changes, as a result of which there is a need for rapid response on the part of representatives of notary activities, in order to effectively perform the functional powers delegated by the state – protection of the rights and legitimate interests of persons seeking help from a notary, the latter must constantly improve himself. Notary acts not only as a body of preventive justice, but also as a human rights institution, because it takes an active part in civil turnover. With the help of the notary institution, the state takes preventive measures that ensure legal security in society, which, in turn, is one of the main tasks of the state and an indicator of its capacity. The notarial process is independent in relation to civil proceedings, since the activity of notarial bodies is non-contentious in nature, in which the principle of adversarial parties is not used. For consideration of the notarial process, great importance is attached to the form of notarial activity, which represents is a set of requirements for the actions of participants in the notarial process aimed at achieving a specific result. In this regard, the relevance of the study of the basics of the notary as a subject of the protection of constitutional rights is high and conditioned by the need for further improvement of the guarantee of human rights and freedoms in Ukraine. Such Ukrainian and foreign authors as S. P. Holovaty, T. M. Karnaukh, N. V. Mishina, V. V. Barankova, Yu. V. Zhelikhovska, O. I. Nelin, O. P. Vasylchenko, K. F. Bilko, N. V. Karnaruk, Yu. Yu. Bysaga, N. V. Vasylyna, N. M. Denysiak, L. M. Deshko, O. A. Martyniuk.
Notary notarial process notarial activity constitutional rights notarial act notarial procedure
The aim of this investigation was to establish whether a relationship between respective phonemic elements in early Germanic and Slavic verb roots exists and could expose deeper cross language commonality. Verbs chosen for the study relate to eating or food preparation. Analysis was carried out using a comparative method that examined Germanic and Slavic words in terms of their phonological progression from Proto Indo-European to present day English and Polish. Widespread distribution of verb roots established through diachronic histories together with evidence of phonological operation and development of consonants and vowels, provided the framework within which similarities, differences and changes could be assessed. Research focused on the phonotactic structure and phonetic properties found in Proto-Germanic and Proto-Slavic verb roots and separated their elements into discreet component parts using skeletal and melody analysis. Further examination of phonotactic sequences in proto forms, derived from the same Proto Indo-European verb root, provided evidence of a strong language specific bias towards the preservation of consonantal or vocalic properties either overtly in the skeletal sequence or covertly in the melody. A quantitative qualitative difference creating discreet blocks in a syllable. This study suggests that commonality, evident through a shared level of complexity, expressed in Germanic as a consonant cluster and in Slavic as complex melodic units present phoneme groupings responsible for early divergent tendencies in the respective languages.
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