Issue 2

Spis treści

Author: The Editors
Year of publication: 2023
Source: Show
Pages: 3-4
DOI Address: -
PDF: cpls/6/cpls6toc.pdf

SPIS TREŚCI / CONTENTS / ЗМІСТ

Legal regulation of the international financial architecture in the context of digital transformation . The experience of the European Union and the Republic of Poland

Author: Svetlana Romanenko
Institution: Kunaev Eurasian Law Academy, Almaty, Kazakhstan
ORCID: https:// orcid.org/0000-0002-0946-1669
Year of publication: 2023
Source: Show
Pages: 7-21
DOI Address: https://doi.org/10.15804/CPLS.2023201
PDF: cpls/6/cpls601.pdf

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

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Legal Regulation of the Activities of the Office of the General Inspection and Human Rights Department of the National Police of Ukraine in the Sphere of Promoting the Implementation of the Common National Gender Policy

Author: Kateryna Shapovalova
Institution: National Academy of Internal Affairs
ORCID: https://orcid.org/0000-0001-6151-2139
Year of publication: 2023
Source: Show
Pages: 22-32
DOI Address: https://doi.org/10.15804/CPLS.2023202
PDF: cpls/6/cpls602.pdf

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

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Періодизація московсько-української війни ХХІ ст. і ймовірні сценарії її розвитку й завершення

Author: Сергій Ховрич
Institution: кандидат історичних наук, доцент
ORCID: https://orcid.org/0000-0003-2003-5262
Year of publication: 2023
Source: Show
Pages: 33-46
DOI Address: https://doi.org/10.15804/CPLS.2023203
PDF: cpls/6/cpls603.pdf

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.

UN mutiny Moscow-Ukrainian war periodization слова NATO

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Niemieckie reparacje wojenne za II wojnę światową (polskie kontrowersje)

Author: Lech Wyszczelski
Institution: profesor emerytowany Akademii Obrony Narodowej w Warszawie i Uniwersytetu Przyrodniczo-Humanistycznego w Siedlcach
ORCID: https://orcid.org/0000-0003-2063-4281
Year of publication: 2023
Source: Show
Pages: 47-60
DOI Address: https://doi.org/10.15804/CPLS.2023204
PDF: cpls/6/cpls604.pdf

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

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Relevant Connection in Criminal Law

Author: Volodymyr Benkivsky
Institution: Taras Shevchenko National University
ORCID: https://orcid.org/0000-0003-4830-8322
Year of publication: 2023
Source: Show
Pages: 61-67
DOI Address: https://doi.org/10.15804/CPLS.2023205
PDF: cpls/6/cpls605.pdf

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

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Проблеми нормативного регулювання державної реєстрації геномної інформації людини

Author: Наталія Мартиненко
Institution: Національний науковий центр «Інститут судових експертиз ім. Засл. проф. М.С. Бокаріуса», Харків
ORCID: https://orcid.org/0000-0002-3234-0689
Year of publication: 2023
Source: Show
Pages: 68-79
DOI Address: https://doi.org/10.15804/CPLS.2023206
PDF: cpls/6/cpls606.pdf

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

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Rodzina jako wartość podstawowa w świadomości młodzieży szkolnej

Author: Janusz Mariański
Institution: Wyższa Szkoła Nauk Społecznych w Lublinie
ORCID: https://orcid.org/0000-0002-0620-8000
Year of publication: 2023
Source: Show
Pages: 80-102
DOI Address: https://doi.org/10.15804/CPLS.2023207
PDF: cpls/6/cpls607.pdf

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

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Circulation of Falsified Medicinal Products and Medical Devices under the Medicrime Convention: Problems of Defining the Concept and Scope of Application

Author: Olena Frolova
Institution: Interregional Academy of Personnel Management
ORCID: https://orcid.org/0009-0007-5427-7581
Year of publication: 2023
Source: Show
Pages: 103-109
DOI Address: https://doi.org/10.15804/CPLS.2023208
PDF: cpls/6/cpls608.pdf

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

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Unification of Medical Legal Norms and Criminal Liability in the Context of Globalization of Clinical Research

Author: Maria Karpushyna
Institution: Academy of Advocacy of Ukraine
ORCID: https://orcid.org/0000-0003-4125-4202
Author: Roman Veresha
Institution: Academy of Advocacy of Ukraine
ORCID: https://orcid.org/0000-0003-4996-0283
Year of publication: 2023
Source: Show
Pages: 110-118
DOI Address: https://doi.org/10.15804/CPLS.2023209
PDF: cpls/6/cpls609.pdf

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

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Recenzja książki: Renata Gardian-Miałkowska, Ewa Weremczuk, Małgorzata Przybysz-Zaremba, Specjalne potrzeby edukacyjne w praktyce pedagogicznej. Wybrane obszary i rozwiązania, Wydawnictwo Adam Marszałek, Toruń 2020, ss. 227.

Author: Paweł Prüfer
Institution: Akademia im. Jakuba z Paradyża w Gorzowie Wielkopolskim
ORCID: https://orcid.org/0000-0003-3647-8068
Year of publication: 2023
Source: Show
Pages: 132-134
DOI Address: https://doi.org/10.15804/CPLS.2023213
PDF: cpls/6/cpls613.pdf

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Recenzja książki: Barbara Wiśniewska-Paź, Damian Szlachter (red.), XX-lecie wojny z terroryzmem – bilans i konsekwencje, t. I (Współczesne zagrożenia – strategie reagowania – edukacja), Wydawnictwo Adam Marszałek, Toruń 2022, ss. 307; t. II (Infrastruktu

Author: Lech Wyszczelski
Institution: profesor emerytowany Akademii Obrony Narodowej w Warszawie i Uniwersytetu Przyrodniczo-Humanistycznego w Siedlcach
ORCID: https://orcid.org/0000-0003-2063-4281
Year of publication: 2023
Source: Show
Pages: 135-137
DOI Address: https://doi.org/10.15804/CPLS.2023214
PDF: cpls/6/cpls614.pdf

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The Cooperation of Azerbaijan with German Organizations and Companies

Author: Amirbaba Arzuman Amirov
Institution: Baku Slavic University, Azerbaijan Republic
Year of publication: 2023
Source: Show
Pages: 140-145
DOI Address: https://doi.org/10.15804/CPLS.2023215
PDF: cpls/6/cpls615.pdf

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)

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