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Vol. 3(35)

Spis treści

  • Author: The Editors
  • Year of publication: 2022
  • Source: Show
  • Pages: 3-4
  • DOI Address: -
  • PDF: ksm/35/ksm35toc.pdf

«Війни пам’яті» як ключовий чинник формування державної політики пам’яті в сучасній Україні

  • Author: Iryna Kovalska-Pavelko
  • Institution: Oles Honchar Dnipro National University
  • ORCID: https://orcid.org/0000-0001-8307-9751
  • Year of publication: 2022
  • Source: Show
  • Pages: 7-26
  • DOI Address: https://doi.org/10.15804/ksm20220301
  • PDF: ksm/35/ksm3501.pdf

The “Wars of Memory” as a Key Factor of Formationof the State Policy of Memory in Modern Ukraine

The aim of the study is to reveal the content of the phenomenon of “memory war” as a factor in the formation of memory policy in Ukraine in the period from 2014. The research methodology is interdisciplinary, combining methods of historical, political, sociological and legal sciences. The main results of the research: the content of the concept of “memory policy” is revealed, the structure of memory policy in modern Ukraine is determined. It is proved that historical memory is a key element of the whole identification system and due to the fact that historical memory is a highly politicized segment of public consciousness, it can quickly become a factor of social tension and civil confrontation, become a source of national disintegration. This is facilitated by the multiplicity (polarity) of historical memory, so the conceptual basis of memory policy should be the desire to achieve the integrity (monolithic) of the nation’s memory, to overcome polarity and controversy in assessments of the historical past. It was stressed that a certain consensus can be reached on a nationwide historical grand narrative in Ukraine if the objective existence of the Ukrainian nation and the existence of Ukraine as an independent and sovereign state are recognized. The practical significance of the achieved results is due to the fact that in the conditions of the hybrid war of the Russian Federation against Ukraine the state policy of memory is called to promote formation of monolithic historical memory, search of optimum balance of historical plots which would, on the one hand, prevent erosion of ethnocultural basis of historical memory, and on the other – would contribute to the awareness of national history as a permanent process of interaction and interdependence of different cultures. The originality of the study lies in the fact that the influence of historical policy on the course of the hybrid war of the Russian Federation against Ukraine is revealed.

reform of memory policy in Ukraine mode of memory mnemonic figure theory of memory model of historical memory hybrid war модель історичної пам’яті

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Патріотичне виховання як чинник формування національної ідентичності в умовах російської агресії

  • Author: Leonid Chupriy
  • Institution: National-Patriotic Education and Leadership, State Institute of Family and Youth Policy
  • ORCID: https://orcid.org/0000-0001-7221-5703
  • Author: Oksana Sira
  • Institution: National-Patriotic Education and Leadership, State Institute of Family and Youth Policy
  • ORCID: https://orcid.org/ 0000-0003-1069-2381
  • Year of publication: 2022
  • Source: Show
  • Pages: 27-46
  • DOI Address: https://doi.org/10.15804/ksm20220302
  • PDF: ksm/35/ksm3502.pdf

Patriotic Education as a Factorin The Formation of National Identity in the Conditions of Russian Aggression

The article examines the features of patriotic education of Ukrainian youth in the context of the formation of national identity. It is noted that this process was significantly intensified in the context of Russian aggression, when the entire Ukrainian people united into one, defending the sovereignty and territorial integrity of Ukraine, democratic values, human rights and freedoms. Today, Ukraine is an outpost of European civilization, protecting it from the expansion of the Russian Federation. It is noted that in the context of increasing current threats and challenges, national-patriotic education is an important security factor, as it is aimed at forming the national identity of young people, their willingness to defend their homeland. It is emphasized that patriotism is the basis for the formation of national identity. It is pointed out that, in essence, national identity is a multidimensional concept that can integrate cultural, ethnic, professional, regional, gender, or other types of identities, preserving each of them. It is noted that several identity groups coexist in Ukraine, each of which seeks to become national. The first group includes identities that have a strong national-patriotic character, focused on preserving the identity of Ukrainians, the development of national language, culture, customs and more. The second group is partly pro-European cosmopolitan identities, focused on democratic pan-European values, seeking integration with the European Union. The third group includes pro-Russian identities, which are disappearing in the face of the Russian Federation’s aggression against Ukraine, as Russia has completely discredited itself by destroying peaceful towns and villages, killing civilians. The last, fourth group consists of cosmopolitan identities that perceive themselves as citizens of the vanished USSR and do not accept the values of the three previous groups. It is noted that the idea of polyethnic, social, political harmony on the basis of the generally accepted goal – ensuring the spiritual and material well-being of the citizens of Ukraine should be the basis for the formation of national identity; The idea of patriotism, love for Ukraine as a defining value; national self-esteem and respect for representatives of other nations and national minorities. It is emphasized that in the conditions of Russian aggression there is an active formation of national identity, which is based primarily on supporting the culture and language of the titular Ukrainian ethnic group, education of patriotism and the formation of the Ukrainian political nation.

national identity patriotism threats Challenges Russian aggression національна ідентичність патріотизм

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Green Belt Road jako jeden z komponentów chińskiej Inicjatywy Pasa i Szlaku 2.0

  • Author: Paula Tomaszewska
  • Institution: Uniwersytet im. Adama Mickiewicza w Poznaniu
  • ORCID: https://orcid.org/0000-0003-0583-0938
  • Year of publication: 2022
  • Source: Show
  • Pages: 47-66
  • DOI Address: https://doi.org/10.15804/ksm20220303
  • PDF: ksm/35/ksm3503.pdf

The aim of the article is (1) to describe the evaluation during the RDI initiative; (2) analysis of Chinese documents on “greening” projects under the Belt and Road initiative; (3) describe the impact of the initiative on the environment; (4) describing the role of socio-economic factors influencing the environment of RDI and sustainable development policy; (5) issuing recommendations and recommendations for the PRC. The article may contribute to intensifying the discussion on the environmental impact of the Belt and Road Initiative and to carrying out further interdisciplinary research – taking into account the multifaceted nature of this cross-border initiative. This is crucial as the impact of BRI is likely to be felt for generations after it is completed worldwide.

environment Belt and Road Initiative infrastructure People’s Republic of China

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Суспільство та держава у світлі їх функціонального навантаження як джерело незручних питань в розрізі соціального буття людини

  • Author: Volodymyr Kaluha
  • Institution: National University of Life and Environmental Sciences of Ukraine
  • ORCID: https://orcid.org/0000-0003-4744-826X
  • Year of publication: 2022
  • Source: Show
  • Pages: 67-86
  • DOI Address: https://doi.org/10.15804/ksm20220304
  • PDF: ksm/35/ksm3504.pdf

The Society and State in Terms of Their Functional Core as a Source of Problematic Issues in Social Life

Numerous attempts to improve social institutions are conventionally nominal or declarative. The latter indicates that essential changes in this perspective are possible only as a collateral consequence of exertion in another sphere. Respectively, the subject of the efforts should be the person as a whole, including their culture, nature and way of being through certain activities. The efficiency of the effort is determined, among other things, by good will and the intention of the subject to improve, whereas the formation of the intentions is conditioned by experiences as emotionally affected or idea-driven. Thus, properly formed ideas about social institutions are the beginning of a systematic transformation of the institutions themselves conceived to be as humane as possible – both comfortable and favorable for self-realization of the person in accordance with individual growth. The afore-mentioned ideas should be based on the establishment of the functional core in human existence, i.e. the ability to meet specific needs and expectations. At the same time, various assumptions about what the phenomena, institutions or processes might be, do not only distract from the effective activities, including fulfillment of assigned duties, but also trigger numerous conflicts. Therefore, this article is aimed at understanding the functional core, and the place and role of a number of key social institutions in human life. The impetus for this reconsideration has been a desire to overcome the conditionality of everyday life, based on assimilated mass stereotypes as the truth due to systemic social training, concealed behind education and upbringing. In addition, contextually, the article represents an unconventional viewpoint on the relationship between law and legislation, correlated with nature and the status of man. Since the transitory link between human nature and human status is sexuality based on the established hierarchy of values, the realization or leveling of human rights, therefore, is determined by the system of laws, which is formed in accordance with the hierarchy of the intrinsic values. At the same time, the system of laws or norms of social action and interaction shows the functioning of the state as a mechanism to limit or control the manifestation of radical evil, in other words, the tendency of man to give themselves the right of exception.

society state Law rights stereotype paradox sexuality functional core закон

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Типові слідчі ситуації початкового етапу розслідування рейдерства

  • Author: Ivan Kubariev
  • Institution: Donetsk State University of Internal Affairs
  • ORCID: https://orcid.org/0000-0003-1053-9758
  • Author: Serhii Barhan
  • Institution: Donetsk State University of Internal Affairs
  • ORCID: https://orcid.org/0000-0002-1706-0355
  • Year of publication: 2022
  • Source: Show
  • Pages: 87-101
  • DOI Address: https://doi.org/10.15804/ksm20220305
  • PDF: ksm/35/ksm3505.pdf

Typical Investigative Situations of the Initial Stage of Corporate Raids Investigation

One of the key aspects of the fight against corruption and economic crime is to counter the seizure of business entities (raids) – as a set of criminal acts. There is no single norm in Ukrainian criminal law that provides for penalties for illegal seizure of enterprises, institutions, organizations in order to appropriate them or establishes control over their assets, and therefore existing methods of detecting and investigating raids need to be significantly improved. Also a top priority for researchers and practitioners in the field of law enforcement remain issues of updating scientific developments in order to increase the level of crime prevention. This is especially true of raider groups, whose members have expertise in the economic field, are corrupt, and resort to the most sophisticated forms of countering the investigation. Thus, without awareness of typical investigative situations and the procedure for conducting investigative (search) actions at the initial stage of a raid investigation, it is difficult to identify perpetrators, and identifying the customer may be an impossible task due to the specifics of economic crimes information to be processed. In this regard, determining the specifics of the formation of investigative situations of the initial stage of the investigation of criminal offenses related to raiding is a very important issue. The article examines the problematic issues of defining the essential features of raiding, clearly argues various approaches to the interpretation of this concept, identifies the essence of typical investigative situations, as well as highlights the provisions of raiding, which directly affect the formation of an investigative situation of this crime. Finally, the identification of typical investigative situations in the initial phase of raiding investigations contributes to the quality of pre-trial investigations, reducing the risk of tactical errors, in particular during investigative actions, which will facilitate the proper execution of criminal proceedings.

господарська діяльність economic activity economic crimes the initial stage of the investigation raiding investigative situation

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Правові аспекти легалізації обігу та застосування цивільними особами вогнепальної зброї для відсічі збройної агресії Російської Федерації

  • Author: Vitaliy Kuznetsov
  • Institution: Taras Shevchenko National University of Kyiv
  • ORCID: https://orcid.org/0000-0003-1727-4019
  • Author: Mykola Syiploki
  • Institution: Uzhhorod National University
  • ORCID: https://orcid.org/0000-0001-6131-9179
  • Year of publication: 2022
  • Source: Show
  • Pages: 102-121
  • DOI Address: https://doi.org/10.15804/ksm20220306
  • PDF: ksm/35/ksm3506.pdf

Legal Aspects of Legalization of Circulation and Use of Firearms by Civilians in order to Repel Armed Aggression of the Russian Federation

The current aggression of the Russian Federation (RF) against Ukraine has highlighted various actual socio-political and criminal issues. It was established that the problem of legalization of circulation and use of firearms by civilians to repel the armed aggression of the Russian Federation arouses the greatest interest in society. The analysis of normative acts allows determining two levels of civilians’ accessing to firearms to repel the armed aggression of the Russian Federation: general and special. The general level is determined by the laws of Ukraine «On Ensuring the Participation of Civilians in the Defense of Ukraine» from 03.03.2022 № 2114-IX and «On Amendments to the Criminal Code of Ukraine and other Laws of Ukraine to Determine the Circumstances that Exclude Criminal Misconduct and Provide Combat Immunity Actions in the conditions of martial law» from 15.03.2022 № 2124-IX. Special one is defined by the Law of Ukraine «On Fundamentals of National Resistance» of 16.07.2021 № 1702-IX and the Procedure for the use of personal hunting weapons and ammunition by members of voluntary formations of territorial communities in the performance of territorial defense tasks, approved by the Resolution of the Cabinet of Ministers of Ukraine of December 29, 2021 № 1448. The analysis of normative acts at the general level allows to determine the gaps in the Law of Ukraine № 2114-IX, such as: the lack of clear correspondence with the Law of Ukraine № 1702-IX; incorrect reference to the resolution of the Cabinet of Ministers of Ukraine № 828; lack of clear conditions for the use of weapons. The positive aspects are: expanding opportunities not only for the citizens of Ukraine, but also for foreigners and stateless persons to obtain and use firearms; de facto exclusion of criminal liability for the use of firearms. It is established that the Law of Ukraine № 2124-IX provides for a new circumstance that excludes the criminal illegality of the act, that is «Fulfillment of the Duty to Protect the Fatherland, Independence and Territorial Integrity of Ukraine» (Article 43–1 of the Criminal Code), which determines, on the one hand, rather wide opportunities for Ukraine protection; on the other hand, it provides a number of conditions for the legality of the act, which significantly complicate such activities. It is proved that regulations at the special level are designed more for the peaceful period of life (it is complicated by conditions that are difficult to comply with in a particular period), subjects and means of protection are clearly defined, time limits are defined, and that is the period of territorial defense tasks performing. A discrepancy was established between the list of remedies defined by the Law of Ukraine № 1702-IX and the Cabinet of Ministers of Ukraine Resolution № 1448. It was stated that these regulations do not apply to all civilians and do not provide more opportunities for defense.

вогнепальна зброя firearms criminalization criminal code criminal liability legislative acts

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Суб’єкти муніципально-правової політики як різновиду правової політики держави

  • Author: Volodymyr Marchenko
  • Institution: National Academy of Law Sciences of Ukraine
  • ORCID: https://orcid.org/0000-0002-3663-6399
  • Year of publication: 2022
  • Source: Show
  • Pages: 122-135
  • DOI Address: https://doi.org/10.15804/ksm20220307
  • PDF: ksm/35/ksm3507.pdf

Subjects of Municipal Legal Policy as a Type of Legal Policy of the State

The article is devoted to the study of the issue of subjects of municipal legal policy. The author made a thorough analysis of approaches to the definition of legal policy, municipal legal policy and gives his own vision on this issue, based on scientific literature and the provisions of Ukrainian and foreign legislation. The article considers two approaches (activity and institutional) to the understanding of the concept of «legal policy» in the scientific literature and analyzes the approaches to the definition of «legal policy». Thus, the paper presents the scientific developments of the representatives of the activity approach, in which the main subject of legal policy is the state bodies, it is concluded that such an approach narrows the understanding of the subjects of legal policy. The opinions of the representatives of the institutional approach are studied and it is noted that their understanding of legal policy without the allocation of subjects is quite controversial. The paper singles out the scientific approach, according to which the subjects are understood as state and municipal bodies, it is said that such an approach also narrows the understanding of the subjects. The author concludes that the subjects of legal policy can include government agencies and non-governmental organizations (political parties, NGOs, citizens, the scientific community). Regarding the definition of subjects of municipal legal policy, the author analyzes the approach to which the subjects are public authorities, local governments and the local community. It is noted that this definition of subjects in terms of separate allocation of the local community is fully consistent with the provisions of Art. 140 of the Constitution of Ukraine. The approach to the selection of subjects of municipal legal policy, according to which the subject is local government, is studied. The author believes that this position should be criticized because the municipal legal policy is formed and implemented not only at the local but also at the national level. The results of the study conclude that the allocation of state and non-state structures as subjects is the most balanced position in the scientific literature. The author concludes that the subjects of municipal legal policy should be understood as state and non-state (political parties, public organizations, etc.) structures, as well as individual citizens, scientists. The separation of state and non-state structures as groups of subjects of municipal legal policy is substantiated, as well as their division into a number of smaller subgroups.

legal policy municipal legal policy state structures nonstate structures local community authorities, Суб’єкти

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Актуальні питання публічного адміністрування у сфері користування землями в межах функціонування ринку земель сільськогосподарського призначення в Україні (сучасні проблеми та шляхи вдосконалення)

  • Author: Valentina Nezhevelo
  • Institution: Sumy National Agrarian University
  • ORCID: https://orcid.org/0000-0003-4596-4818
  • Year of publication: 2022
  • Source: Show
  • Pages: 136-148
  • DOI Address: https://doi.org/10.15804/ksm20220308
  • PDF: ksm/35/ksm3508.pdf

Current Issues of Public Administration in the Field of Land within The Framework of Functioning of the Agricultural Land Market (Current Problems and Ways of Improvement)

The qualitative development of a democratic society and the improvement of the functions of the rule of law in our country are closely connected with the understanding of human rights, including in the field of land relations. After all, the land, its subsoil and other natural resources located on the territory of Ukraine, in accordance with the Constitution of Ukraine, are the objects of property rights of the Ukrainian people exclusively, and are a national treasure. Today, Ukraine is undergoing a complex process of reforming land relations and adapting them to modern political, economic and social needs, especially in an open market for agricultural land. With an extremely strong agro-industrial potential, Ukraine has a significant role to play in overcoming the global food crisis. However, in the current system there is no competent and balanced state policy, and appropriate mechanisms for its implementation, on the integrated development of land relations and adaptation of land reform in Ukraine. As never before, there is a need for quality and effective public administration in the field of land use within the functioning of the agricultural land market in Ukraine. With the beginning of land status in Ukraine, new questions arose about the directions and mechanisms of improving land relations, the formation of the land market, the solution of which involves scientific and practical clarification of a wide range of problems in its infrastructure. Due to the introduction of a new wave of land reform in Ukraine, public administration in the field of land use of state and communal property should acquire a modern character. Along with the introduction of a transparent market for agricultural land, the reform also aims at transparent and efficient land management. One of the mandatory components of this goal is the introduction of an effective system of public administration in the field of land use of state and communal property. Thus, the formation of effective public administration in the field of land use within the functioning of the agricultural land market in Ukraine, including taking into account international experience, would ensure quality and rational use and protection of land in Ukraine, guarantee the rights of land owners and users and effective governance, which requires a systematic and scientific approach to addressing issues.

Land public administration land market land reform in Ukraine turnover of lands Земля

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Przemiany na rynku wina w Polsce

  • Author: Anna Wójcik
  • Institution: Uniwersytet Ekonomiczny w Katowicach
  • Year of publication: 2022
  • Source: Show
  • Pages: 149-174
  • DOI Address: https://doi.org/10.15804/ksm20220309
  • PDF: ksm/35/ksm3509.pdf

Recent years saw significant changes on the wine market in Poland, not only in terms of production and consumption but also sales. It can be mostly contributed to domestic legislation changes and consumers readiness to grasp Western European culture prompted by the accession of Poland to the European Union. The aim of the article is to show the changes in the Polish wine sector and to present the main determinants of wine production, such as legal and geographical conditions. The work also presents the characteristics of the supply and demand sides of the domestic wine market. It also identifies the factors that have mostly contributed to the improvement of the situation of producers and shows the impact of the COVID-19 pandemic on the level of wine sales in Poland. Critical analysis of literature and statistical data allowed the obtainment of detailed information on the topic under study and for a detailed presentation of systematized facts related to the production and trade of wine in Poland over the last several years. An important element of this article is the account of the segmentation of Polish wine consumers, in which six main groups of people imbibing the drink in question have been proposed and described.

wine wine market in Poland wine production wine consumption wine sales Polish wine winemaking in Poland segmentation of wine consumers

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