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Vol. 2(34)

Spis treści

  • Author: The Editors
  • Year of publication: 2022
  • Source: Show
  • Pages: 3-4
  • DOI Address: -
  • PDF: ksm/34/ksm34toc.pdf

ПРОБЛЕМА НЕПОНЯТИЙНОГО СОДЕРЖАНИЯ КАК ОБЪЕКТА ИССЛЕДОВАНИЙ

  • Author: Piotr Czajkowski
  • Institution: Uniwersytet Jana Kochanowskiego w Kielcach
  • ORCID: https://orcid.org/0000-0002-4628-8666
  • Author: Oleg Leszczak
  • Institution: Uniwersytet Jana Kochanowskiego w Kielcach
  • ORCID: https://orcid.org/0000-0003-3358-8923
  • Year of publication: 2022
  • Source: Show
  • Pages: 7-25
  • DOI Address: https://doi.org/10.15804/ksm20220201
  • PDF: ksm/34/ksm3401.pdf

The problem of non-conceptual content as a research object

Some mental states of a person can be represented semiotically or objectively even in the case when the subject of such states does not have the concepts necessary to define (qualify and categorize) their content. There is no consensus among researchers as to what the essence of such content is, both in terms of their quality and the forms of their existence in the consciousness (or subconsciousness) of a person. These kinds of functions of human experience include sensory, emotional, and volitional content. The article presents the attempts of a number of philosophers and scientists to consider the issues of conceptual and non-conceptual content. It has been established that most researchers of the content of human consciousness limit themselves either to the study of sensory information or to the study of already conceptualized emotional and volitional content. Moreover, research on emotions and will is often reduced to the analysis of mental or psychophysiological mechanisms themselves. The authors try to present sensuality, emotions and volitional states as a kind of nonconceptual information and define its place in the human information system in relation to conceptual content and in relation to the processes of semiotization.

non-conceptual content sensory emotional and volitional information conceptualization semiotization

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Der chinesische Weg zum Sozialismus als Gegenstand der Kritik

  • Author: Zbigniew Wiktor
  • Institution: Uniwersytet Wrocławski
  • Author: Dorota Jarema
  • Institution: Uniwersytet Wrocławski
  • Year of publication: 2022
  • Source: Show
  • Pages: 26-46
  • DOI Address: https://doi.org/10.15804/ksm20220202
  • PDF: ksm/34/ksm3402.pdf

The Chinese Road to Socialism as an Object of Criticism

Socialist market economy or more broadly China’s road to socialism is a subject of controversy not only in China itself, but also in the international community. This issue is very complex on many levels. From the very beginning of the formation of the CPC it had to pursue different goals and face completely different challenges than its European counterparts. Due to its cultural and civilization distinctiveness, China had to choose its own path to socialism and its construction. During the times of Deng Xiaoping the Chinese economy opened to the influence of foreign capital, which allowed, on the one hand, to significantly accelerate China’s economic development and raise its position in the international arena, and on the other hand, it was the cause of much controversy.

Communist Party of China (CPC) socialism with Chinese characteristics socialist revolution Deng Xiaoping’s „Four Modernizations and Four Cardinal Principles” economic changes in China Chinese economy socialist market economy International role of China

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Zwalczanie handlu ludźmi i przemytu migrantów w Europie Południowo-Wschodniej przez SELEC

  • Author: Filip Dobrowolski
  • Institution: Szkoła Doktorska Akademii Pomorskiej w Słupsku
  • ORCID: https://orcid.org/0000-0002-3646-9519
  • Year of publication: 2022
  • Source: Show
  • Pages: 47-64
  • DOI Address: https://doi.org/10.15804/ksm20220203
  • PDF: ksm/34/ksm3403.pdf

Fight against human trafficking and smuggling of migrants in South-East Europe by SELEC

Human trafficking is one of the modern forms of slavery and the most dangerous crime against freedom and human dignity. This practice is often associated with the phenomenon of illegal migration and smuggling of migrants, which are particularly intensified in the period of various types of conflicts (armed, ethnic, etc.). The international scale of the problem forces the cooperation of authorities and services responsible for security and public order in many countries. The article presents activities undertaken by the SELEC organization in combating this type of international organized crime in South-Eastern Europe. The source of the data are annual reports on the organization’s activities, published on its official website.

conflicts migration organized crime international cooperation police operations

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Uwarunkowania imigrantów i uchodźców na Ukrainie od 1991 do 2013 r.

  • Author: Kamil Pietrasik
  • Institution: Towarzystwo Azji i Pacyfiku
  • ORCID: https//orcid.org/0000-0002-8579-0659
  • Year of publication: 2022
  • Source: Show
  • Pages: 65-77
  • DOI Address: https://doi.org/10.15804/ksm20220204
  • PDF: ksm/34/ksm3404.pdf

Situation of immigrants and refugees in Ukraine from 1991 to 2013

The author shows the history of the immigration system and refugees in Ukraine. The discussed period of 1991–2013 is not accidental and is quite important in the process of shaping the rights of immigrants and refugees.

Ukraine refugees immigrants border Chechens Europe

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Duszpasterstwo wojskowe w dwudziestoleciu międzywojennym w misjonarskim kościele garnizonowym w Tarnowie

  • Author: Paweł Glugla
  • Institution: Independent Scholar
  • ORCID: https://orcid.org/0000-0002-5940-9105
  • Year of publication: 2022
  • Source: Show
  • Pages: 78-98
  • DOI Address: https://doi.org/10.15804/ksm20220205
  • PDF: ksm/34/ksm3405.pdf

Military ministry in the interwar period in the missionary garrison church in Tarnów

In the years 1918-1939 the Church of Missionaries in Tarnów served as a garrison church. Two military units were stationed in the city permanently: the 16th Infantry Regiment of the Tarnów region, and the 5th Regiment of Mounted Riflemen. In fact this church, as a parish church, was an auxiliary church for the military ministry. A separate issue was the practice of religious life, and especially the cultivation of Catholic traditions by Tarnów’s military. The army was permanently inscribed in the history of the town and the parish. Some of the Missionaries from Tarnów were military chaplains. The plaque placed and consecrated in 2008 on the front of the church, at the entrance to the temple, attests that the Church of the Missionary Priests served the garrison in the years 1918-1939.

garrison Church 1918-1939 military chaplaincy Missionary parish Tarnów

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ОБМЕЖУВАЛЬНИЙ ПРИПИС ЯК СПРАВА ОКРЕМОГО ПРОВАДЖЕННЯ У ЦИВІЛЬНОМУ ПРОЦЕСІ УКРАЇНИ

  • Author: Liudmyla Andriievska
  • Institution: Dnipropetrovsk State University of Internal Affairs
  • ORCID: https://orcid.org/0000-0002-1016-1778
  • Year of publication: 2022
  • Source: Show
  • Pages: 99-112
  • DOI Address: https://doi.org/10.15804/ksm20220206
  • PDF: ksm/34/ksm3406.pdf

Restricting Instruction as a Case of Separate Proceedings in the Civil Procedure of Ukraine

The article is devoted to a study on the new institute of civil justice in Ukraine - a restrictive regulation, which is defined as a form of protection of any person from domestic violence. The research analyzes statistics on appeals to law enforcement agencies with allegations of domestic violence, the number of open criminal proceedings on these facts and reports of suspicion, the number of cases of administrative offenses, the trend of increasing applications, because in 2019 the National Police In Ukraine, 141 814 allegations and reports of offenses and other events related to domestic violence were registered, and in 2020 this figure increased by a third to 208 784. The case law on the procedure for consideration by courts of applications for issuance and extension of a restrictive order, on the amount of evidence submitted in a particular case has been studied separately; requirements for the application for the issuance or extension of a restrictive order, the terms of consideration of such applications, the procedure for their appeal. The paper identifies the legal features and shortcomings of the restrictive order, the period for which such an order is issued, the measures in accordance with which (which) the person of the offender may be assigned certain responsibilities. The aim of the article is to discuss current issues in the field of law enforcement response to cases of domestic violence and the use of restrictive regulations as a measure to combat this phenomenon in civil proceedings. The concept of responsibility for domestic violence and abuse of family members has been studied. The Law of Ukraine “On Preventing and Combating Domestic Violence”, the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence was opened for signature in Istanbul (Turkey) on May 11, 2011 and an explanatory report. Based on the analysis of theoretical views of scientists and current legislation of Ukraine, a description of special measures to prevent domestic violence. The author suggested the possibility of issuing a restraining order at the stage when the offender has not yet been prosecuted (criminal or administrative) for domestic violence, simplified the list and requirements for evidence to be submitted to the court together with the application for continuation of the restrictive prescription. General scientific research methods were used in the work, namely empirical - description, and theoretical - analysis, generalization.

responsibility domestic violence abuse child law enforcement special measures відповідальність

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ЦІЛІ СТАЛОГО РОЗВИТКУ: ПРІОРИТЕТИ ЦИВІЛЬНОЇ АВІАЦІЇ

  • Author: Lyudmila Chulinda
  • Institution: National Aviation University
  • ORCID: https://orcid.org/0000-0002-3771-4854
  • Year of publication: 2022
  • Source: Show
  • Pages: 113-133
  • DOI Address: https://doi.org/10.15804/ksm20220207
  • PDF: ksm/34/ksm3407.pdf

Sustainable Development Goals: Priorities of Civil Aviation

The article is devoted to the analysis of current problems of international civil aviation, in particular, intensification of work in the program of global partnership in civil aviation to implement the UN document “Transforming our world: an agenda for sustainable development until 2030”, which defines 17 Sustainable Development Goals. This document envisages the involvement of all countries in the world to promote prosperity, protect the planet, ensure peace, eradicate poverty, so that by 2030 all people can live safely. The analysis of the influence of modern world trends on solving the problem of priorities of civil aviation in achieving the Sustainable Development Goals, the study of Ukraine’s efforts to develop their provision in accordance with its own priorities and the problems of the world as a whole. The goals of sustainable development for the period up to 2030 are guidelines for the development of draft policy documents, draft regulations in order to ensure the balance of economic, social and environmental development of Ukraine. The technology of determining the priorities of international civil aviation is analyzed, taking into account the specifics of Ukraine’s development, set out in the National Report “Sustainable Development Goals: Ukraine”, as well as their compliance with international organizations. The measures proposed by the ICAO Council for the implementation of the priority goals of regional priority, proposals for setting priorities for sustainable development in new programs with the participation of member states of international and European civil aviation organizations are described. Topical issues of application of international standards of civil aviation, which testify to their effectiveness in improving approaches to achieving the Sustainable Development Goals, are covered. However, despite the fact that the problems of achieving the Sustainable Development Goals are relevant, attract the attention of many international organizations, not many domestic researchers have tried to provide independent scientific justification for international civil aviation, provided by the final UN document. The development of domestic legislation, its gradual harmonization with international law, as well as regular ICAO recommendations, existing international and European standards in the field of civil aviation necessitate the emergence of new research in this area.

airspace ICAO international standards security aeronautical capability development of air transport environmental protection ІКАО

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СУЧАСНІ ТЕНДЕНЦІЇ ПРОФЕСІЙНОЇ ПІДГОТОВКИ АВІАЦІЙНОГО ПЕРСОНАЛУ ЦИВІЛЬНОЇ АВІАЦІЇ В ПРОВІДНИХ КРАЇНАХ СВІТУ

  • Author: Yuliia Bershadska
  • Institution: Kremenchuk Flight College of Kharkiv National University of Internal Affairs
  • ORCID: https://orcid.org/0000-0001-7699-1208
  • Year of publication: 2022
  • Source: Show
  • Pages: 134-151
  • DOI Address: https://doi.org/10.15804/ksm20220208
  • PDF: ksm/34/ksm3408.pdf

Modern Tendencies of Professional Training of Aviation Personnel of Civil Aviation in the Leading Countries of the World

Scientific research is devoted to consideration of the concept of foreign experience of preparation of aviation personnel in aviation countries in the world. The relevance of the article is conditioned by world trends that are related to the fact that aviation becomes a major element in the development of many states. Accordingly, the appeal to problems arising within the framework of labor relations in the field of aviation is one of the significant components of the analysis. State regulation of aviation activity is aimed at guaranteeing the safety of aviation, ensuring the interests of the state, national security and the prevention of acts of illegal interference in civil aviation. The study of foreign experience in the preparation of aviation staffin aviation countries will provide a scientific study of promising areas for the development of education in the aviation industry in Ukraine, taking into account the existing experience in the field of aviation construction and operation of aircraft, deploy persistent activity to enhance aviation and professional orientation of aviation preparation. In this regard, out state is in dire need of creative use of innovation in the field of legal regulation of the preparation of aviation personnel in the world-recognized leaders of the economy and education in the field of aviation, transition to the way to improve the existing legal system of aircrafttraining in order to ensure high levels of education and professionalism of graduates, their general, aviation and professional culture, creation of a further basis for motivated, permanent increase in education, qualified skills of aviation specialists, their permanent professional growth and confident creative self-realization. Taking into account a high requirement in the presence of highly skilled aviation personnel at the modern market of labour in the process of eurointegration of Ukrainian society, it is necessary to connect present long-term experience of functioning of domestic school from training of aviation staffin Ukraine with the oversea systems of preparation of aviation personnel of some leading aviation countries of the world, such as France, Italy, Large Britain, USA.

labor law aviation staff pilot aircraft international organizations трудове право

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ГОСПОДАРСЬКО-ПРАВОВІ ЗАСАДИ ТЕХНІЧНОГО КОНТРОЛЮ ЩОДО АВТОМОБІЛЬНИХ ТРАНСПОРТНИХ ЗАСОБІВ

  • Author: Vladimira Dobrovolska
  • Institution: National University “Odesa Law Academy”
  • ORCID: https://orcid.org/0000-0002-9304-3792
  • Year of publication: 2022
  • Source: Show
  • Pages: 152-166
  • DOI Address: https://doi.org/10.15804/ksm20220209
  • PDF: ksm/34/ksm3409.pdf

Economic and Legal Principles of Technical Control of Motor Vehicles

This scientific article is devoted to the study and definition of technical control of motor vehicles, with an emphasis on it as an independent specific legal definition and special features. Control is a mandatory procedure for some areas of management, and the transport sector is the most important sector that meets the needs of the population and businesses in transportation, including road transport. In general, the sphere of management is characterized by supervisory and control actions carried out by authorized persons, including public authorities and local governments in order to comply with legislation on standards, quality, compliance, etc. The objects of these actions may be vehicles, including cars, their units, mechanisms, and the procedure is called technical control. It is through technical control that road transport is maintained in good condition and subject to safe use. The economic and legal principles of technical control are that it is carried out in respect of motor vehicles used by economic entities for its implementation and maintenance. Due to the positive conclusions of the technical control, the business entity can carry out transportation, operate a vehicle of proper quality in terms of its technical and technological characteristics. Technical control carried out by specially authorized state bodies is a means of state regulation, the purpose of which is to detect and prevent qualitative and technical violations of the vehicle, which are detected by periodic inspections and documented. Technical control can be mandatory and optional, apply to various types of road transport, be permanent and periodic. Permanent is carried out on a corporate basis, ie before each operation of the vehicle by a specially authorized person of the business entity with mandatory documentation. The prospect of developing technical control is its implementation through the widespread use of the latest modern information and digital technologies that save time and human resources. These technologies allow for technical control with high quality in accordance with current international standards and regulations. This requires constant monitoring of international standards and regulations, in order to further amend the current domestic transport legislation, in particular on road transport, the Laws of Ukraine “On Road Transport”, “On Road Traffic”, “On National Police”, etc.

technical control sphere of management transportation quality specially authorized body economic and legal support технічний контроль

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ДО 90-РІЧЧА Ю.М. ГРОШЕВОГО: ВНЕСОК ВИДАТНОГО ВЧЕНОГО В РОЗВИТОК ТЕОРІЇ І ПРАКТИКИ КРИМІНАЛЬНОГО ПРОЦЕСУАЛЬНОГО ДОКАЗУВАННЯ

  • Author: Inna Bespalko
  • Institution: Yaroslav Mudryi National Law University
  • ORCID: https://orcid.org/0000-0001-7161-1720
  • Year of publication: 2022
  • Source: Show
  • Pages: 167-178
  • DOI Address: https://doi.org/10.15804/ksm20222010
  • PDF: ksm/34/ksm3410.pdf

Mark the 90th Anniversary of the Birth Of Y.M. Hroshevyi: Contribution of an Outstanding Scientist to the Development of the Theory and Practice of Criminal Procedure Evidence

On April 13, 2012 (10 years ago) Verkhovna Rada of Ukraine decided to approve the new Criminal Procedure Code of Ukraine (hereinafter referred to as the CPC of Ukraine), which was primarily developed with international and European standards in the field of criminal justice as reference. Thus, Art.9 of the CPC of Ukraine originally indicates the need to take into account the practice of the European Court of Human Rights in the process of applying criminal procedure legislation at the level of the law. The new CPC of Ukraine is conveniently structured. Many evaluative concepts appeared (for example, reasonableness of terms). The adoption of the CPC of Ukraine in 2012 can be generally called a «positive breakthrough» for the legislation of Ukraine in the whole. I would like to highlight the following аmong the most progressive provisions:
–– entirely new institutions were introduced, for example, the institution of agreements in criminal procedure, which is an agreement between the parties formalized in the relevant service document and aimed at settling the criminal law conflict;
–– Article 45 of the new CPC of Ukraine clearly established that a lawyer can only act as a defense counsel in criminal proceedings, thereby prohibiting «specialists in the field of law» from carrying out defense;
–– the need to distinguish between crimes and criminal offenses was clearly defined for the first time at the legislative level, and the features of the investigation of the criminal offenses were formulated as well;
–– a separate chapter «Foundations of criminal proceedings» appeared where the legislature fixed 22 general foundations in accordance with which criminal legal proceeding should be carried out;
–– a procedure for a special pre-trial investigation or special judicial proceedings (in absentia) in respect of a suspect, except for a minor who is hiding from the investigation authorities and the court in order to evade criminal liability if he is outside Ukraine;
–– the law provides for a special arrangements of pre-trial investigation in conditions of martial law, a state of 9 emergency or in the area of an antiterrorist operation;
–– another innovation is a significant expansion of the functioning of the court to monitor the observance of the rights and freedoms of the parties to criminal proceedings during the pre-trial investigation, as well as the introduction of the institute of the investigating judge as a person specially authorized to exercise such control for the given purpose. Almost all criminal procedure institutions were generally improved in the new Criminal Procedure Code of Ukraine.

outstanding scientist Yurii Mykhailovych Hroshevyi the CPC of Ukraine criminal procedure evidence proof видатний вчений

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Cezary Guźniczak, Szczepan Stępiński, Zarządzanie kryzysowe. Doskonalenie procedur reagowania na przykładzie Gminy Miasta Szczecin, Wydawnictwo Adam Marszałek, Toruń 2021, ss. 244

  • Author: Lech Wyszczelski
  • Institution: Uniwersytet Przyrodniczo-Humanistyczny w Siedlcach
  • ORCID: https://orcid.org/0000-0003-2063-4281
  • Year of publication: 2022
  • Source: Show
  • Pages: 195-198
  • DOI Address: https://doi.org/10.15804/ksm20222012
  • PDF: ksm/34/ksm3412.pdf

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