Alternative Ways to Resolve Customs Disputes

The article is devoted to clarifying the nature and features of legally established alternative ways of resolving customs disputes in Ukraine. The spheres of application of alternative ways of resolving legal disputes are established. It is emphasized that alternative ways of resolving legal disputes can be used in both private and public spheres. Alternative ways of resolving customs disputes in court are identified: dispute resolution with the participation of a judge and conciliation of the parties. The specifics of these methods of resolving customs disputes are described. Attention is drawn to the fact that among scholars there is no single approach to understanding the nature and legal nature of the institution of dispute resolution with the participation of a judge. It is concluded that dispute resolution with the participation of a judge is an independent way of resolving customs disputes, which is coordinated directly by the judge. It is pointed out that the application of the institute of dispute resolution with the participation of a judge in customs disputes is limited, namely: in cases at the request of customs authorities in the exercise of their statutory powers and in typical cases. It is emphasized that the role of the institution of conciliation of the parties as a way of resolving customs disputes is that its application is possible at any stage of proceedings in customs disputes in the administrative proceedings of Ukraine. The author’s understanding of the following categories is given: «alternative ways of resolving customs disputes» is a set of procedures aimed at peaceful settlement of conflicts by mutual will of both parties; «settlement of a dispute involving a judge» is a way of resolving customs disputes involving a judgerapporteur for the peaceful settlement of the conflict between the parties; «reconciliation of the parties» is a way of resolving customs disputes, which is aimed at peaceful settlement of the conflict in court by mutual will of both parties. It is stated that in resolving customs disputes in court, dispute resolution with the participation of a judge can be applied only before the trial on the merits, and conciliation of the parties – at any stage of consideration and resolution of the case. It is noted that the existing legal regulation of alternative ways of resolving customs disputes needs to be updated, harmonized and systematized. In order to ensure effective functioning of alternative methods of resolving customs disputes in Ukraine, it is proposed at the legislative level to provide that in addition to administrative and judicial procedures, customs disputes may also be resolved using alternative methods and regulate pre-trial and judicial alternatives.

Education as the Mirror of Culture

This article is an attempt to answer the question of relationships between culture and education, not only on the level of assumptions and declarations but also in various dimensions of social life and social science. The first issue is the question of the place of education in our country’s development strategies. The author compares two such strategies: one based on the notion of development dependent on financial markets, European Union policies, labour efficiency and Gross Domestic Product (the notion of continuity of the current development path as presented in official documents) and another notion, i.e. that of mental-cultural change. The author analyses the place and role of education in each of these notions of development. The second issue is axiology of education. The major task in this part of the paper is to present tensions and divergences between declared description of educational practices and theories that legitimise them on the one hand and the actually realised axio-normative orientation or other value-based human actions and choices on the other. The third problem is an attempt to show education and school in the process of cultural change. The subject of critical analysis is a dominant educational policy and practice, which is linked to the practically realised notion of the country’s development, and based on requirements of usefulness, effectiveness and applicability. As an illustration of this, the author examines opposition between humanities and technical sciences, which is constructed and maintained in public debate. Plenary speeches from the 2nd Congress of Education that took place in Warsaw in June 2013, are also subject to analysis in relation to this opposition. In conclusions, the author poses the question whether education remains perceived as a cultural practice or it has become yet another tool of production submitted to requirements of the market, economic development and GDP growth.

Digital Distribution in Local Cinemas

In the last 20 years the digital revolution has brought a number of changes in the methods of dissemination of cultural works, particularly in the distribution of audiovisual works. An integration of electronic devices and content brings new opportunities for the development of cultural activity. An important example illustrating the range of changes in the domain of cultural management is the Malopolska Digital Cinema Network. It was created in part with funds from MROP 2007–2013 and exemplifies the use of technological innovation as an indicator of cultural mobilization. This text is a case study of local digital cinema network and attempts to define the scope of the impact of the use of digital tools in cultural and viewing practices in the cities belonging to MSKC.