Issue 3

Spis treści

Author: The Editors
Year of publication: 2023
Source: Show
Pages: 3-4
DOI Address: -
PDF: cpls/7/cpls7toc.pdf

SPIS TREŚCI / CONTENTS / ЗМІСТ

Special Economic Regime as a Means of Conflict Resolution in the Temporarily Occupied Territories of Ukraine

Author: Stanislav Sieriebriak
Institution: Volodymyr Dahl East Ukrainian National University, Ukraine
ORCID: https://orcid.org/0000-0001-7207-594X
Year of publication: 2023
Source: Show
Pages: 7-15
DOI Address: https://doi.org/10.15804/CPLS.2023301
PDF: cpls/7/cpls701.pdf

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

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Навчання мови як чинник збереження ідентичности українців у Польщі

Author: Зоряна Куньч
Institution: Націона́льний університе́т «Льві́вська політе́хніка»
ORCID: https://orcid.org/0000-0002-8924-7274
Year of publication: 2023
Source: Show
Pages: 16-26
DOI Address: https://doi.org/10.15804/CPLS.2023302
PDF: cpls/7/cpls702.pdf

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

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Polityka wprowadzania najlepszych praktyk zarządzania (NPZ) w podmiotach leczniczych na świecie. Studium przypadku Virginia Mason Hospital w Stanach Zjednoczonych

Author: Robert Tomaszewski
Institution: Uniwersyteckie Centrum Kliniczne Warszawskiego Uniwersytetu Medycznego
ORCID: https://orcid.org/0009-0000-0225-538X
Author: Marcin Mikusek-Pham Van
Institution: Uniwersyteckie Centrum Kliniczne Warszawskiego Uniwersytetu Medycznego
ORCID: https://orcid.org/0009-0004-3920-3099
Author: Elena Sztemberg
Institution: Powiatowe Centrum Medyczne w Grójcu
ORCID: https://orcid.org/0009-0003-1699-8602
Author: Dominik Łepecki
Institution: Powiatowe Centrum Medyczne w Grójcu
ORCID: https://orcid.org/0009-0007-3737-7599
Author: Bartłomiej Grodziński
Institution: Hôpital Avicenne, Bobigny, Francja
ORCID: https://orcid.org/0009-0000-3368-9500
Author: Agata Chojnicka
Institution: Warszawski Uniwersytet Medyczny
ORCID: https://orcid.org/0009-0004-3165-5920
Author: Weronika Cieplińska
Institution: Uniwersytet Medyczny w Białymstoku
ORCID: https://orcid.org/0009-0000-2451-4354
Year of publication: 2023
Source: Show
Pages: 27-34
DOI Address: https://doi.org/10.15804/CPLS.2023303
PDF: cpls/7/cpls703.pdf

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

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Civic education: Case study of Poland Changes and developments

Author: Agnieszka Homańska
Institution: University of Warsaw, Poland
ORCID: https://orcid.org/0000-0003-2273-7903
Year of publication: 2023
Source: Show
Pages: 35-42
DOI Address: https://doi.org/10.15804/CPLS.2023304
PDF: cpls/7/cpls704.pdf

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

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Ukrainian and Russian Relations: An Analysis of the Post-Donbas Crisis

Author: Mukesh Shankar Bharti
Institution: Amity University, India
ORCID: https://orcid.org/0000-0002-3693-7247
Year of publication: 2023
Source: Show
Pages: 43-57
DOI Address: https://doi.org/10.15804/CPLS.2023305
PDF: cpls/7/cpls705.pdf

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

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Fiduciary Activity of an Attorney-At-Law: Experience of the EU and the USA and Prospects for Implementation in Ukraine

Author: Valeriia Hansetska
Institution: Taras Shevchenko National University of Kyiv, Ukraine
ORCID: https://orcid.org/0000-0002-8765-8301
Year of publication: 2023
Source: Show
Pages: 58-62
DOI Address: https://doi.org/10.15804/CPLS.2023306
PDF: cpls/7/cpls706.pdf

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

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The Rights and the Proxies of the Monarch in Romania According to the Constitution of 1866

Author: Yaroslav Popenko
Institution: Bogdan Khmelnitsky Melitopol State Pedagogical University, Ukraine
ORCID: https://orcid.org/0000-0003-0841-0875
Year of publication: 2023
Source: Show
Pages: 63-69
DOI Address: https://doi.org/10.15804/CPLS.2023307
PDF: cpls/7/cpls707.pdf

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

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Criminal Law and its Victim-Oriented Development: an Academic Inquiry

Author: Viacheslav Tuliakov
Institution: University of Castilla La-Mancha
ORCID: https://orcid.org/0000-0002-2716-7244
Year of publication: 2023
Source: Show
Pages: 70-74
DOI Address: https://doi.org/10.15804/CPLS.2023308
PDF: cpls/7/cpls708.pdf

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

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