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Sports diplomacy as a modern means of solving international problems 体育外交作为解决国际问题的现代手段
Pub Date : 2021-12-15 DOI: 10.37772/2518-1718-2021-4(36)-6
A. Bilchenko, Maryna Okladna, J. Ryzhkova
Problem setting.. The scientific article is devoted to the issues of considering the peculiarities of one of the types of public diplomacy - sports diplomacy both in historical retrospect and in terms of current achievements. The authors try to analyze the historical stages of development of sports diplomacy, the essence of this concept and other names of "sports diplomacy", namely "cricket diplomacy", "ping-pong diplomacy", "basketball diplomacy" and so on.This chapter states that public diplomacy is an integral part of the state's strategic communications, and its function is to establish a state-to-human dialogue, taking into account the diversity of national and global audiences, and to promote human-to-human interpersonal contacts. At the same time, one of the components of achieving the desired result in the field of international relations by peaceful means is sports diplomacy. In addition, the term sports diplomacy is actively used by many modern international organizations (International Olympic Committee (IOC), International Football Association (FIFA), International Association of Athletics Federations (IAAF), Association of National Olympic Committees (ANOC), etc.) to establish relations.Analysis of recent researches and publications. This topic occupied an important place in the works of such scientists as N. Litvinenko, V. Shchetkina, S. Martynenko, S. Kulik, Yu. Filippova, I. Gridina, N. Bogolyubova, S. Murey, Yu. Nikolaeva, G. Malone, I. Kant, V. Telipko, A. Ovcharenko, D. Feldman, H. Dzhantayev.Target of research. The scientific article states the following purpose: 1) coverage of the history of the formation and essence of sports diplomacy; 2) definition of the main forms of sports diplomacy, their advantages and practical application; 3) highlighting the shortcomings of sports diplomacy and prospects for their solution and improvement of this type of diplomatic activity.Article`s main body. The article reveals the forms of this diplomacy in the following important aspects: diplomacy of sports competitions; diplomacy of sports organizations; sport as a means to achieve foreign policy goals. Also, the negative side of sports diplomacy is reflected, such as its shortcomings such as fierce competition, neglect of friendly relations between countries, commercialization of this area and so on. The authors propose measures to improve the current situation and improve this type of diplomacy.Conclusions and prospects for the development. The conclusion emphasizes the importance of solving acute problems that exist in sports diplomacy for the further development of international communication between the countries.
问题设置. .这篇科学文章致力于从历史回顾和当前成就的角度考虑公共外交类型之一-体育外交的特点。本文试图分析体育外交发展的历史阶段、这一概念的本质以及“体育外交”的其他名称,即“板球外交”、“乒乓球外交”、“篮球外交”等。本章指出,公共外交是国家战略传播的组成部分,其功能是建立国家与人之间的对话,考虑到国家和全球受众的多样性,促进人与人之间的人际交往。与此同时,以和平手段在国际关系领域取得预期结果的一个组成部分是体育外交。此外,许多现代国际组织(国际奥委会(IOC)、国际足球协会(FIFA)、国际田联(IAAF)、各国奥委会协会(ANOC)等)也积极使用体育外交一词来建立关系。分析最近的研究和出版物。这一课题在N. Litvinenko、V. Shchetkina、S. Martynenko、S. Kulik、Yu等科学家的著作中占有重要地位。Filippova, I. Gridina, N. Bogolyubova, S. Murey, Yu。Nikolaeva, G. Malone, I. Kant, V. Telipko, A. Ovcharenko, D. Feldman, H. Dzhantayev。研究目标。这篇科学文章阐述了以下目的:1)报道体育外交的形成历史和本质;2)体育外交主要形式的界定、优势及实际应用;3)指出体育外交存在的不足,并对体育外交的解决和完善提出了展望。文章的主体。文章从以下几个重要方面揭示了这种外交的形式:体育竞赛外交;体育组织外交;体育是实现外交政策目标的手段。同时也反映出体育外交的消极一面,如竞争激烈、忽视国家间友好关系、体育外交商业化等弊端。作者提出了改善现状和改善这种外交的措施。结论及发展展望。结语部分强调了解决体育外交中存在的突出问题对进一步发展国家间国际交往的重要性。
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引用次数: 0
Guarantees of protection of the right of minors during their interrogation on the pre-examination investigation 未成年人在预审侦查中被讯问权利的保障
Pub Date : 2021-12-15 DOI: 10.37772/2518-1718-2021-4(36)-14
Eugene Povzyk
Problem setting. One of the tasks of criminal proceedings is to protect the rights and legitimate interests of participants in criminal proceedings. Additional guarantees should be created for juvenile participants in criminal proceedings, taking into account their age, physical and psychological characteristics, taking into account the principle of the best protection of the interests of the child enshrined in Article 3 of the UN Convention on the Rights of the Child. However, despite significant scientific developments in the issue of guarantees for the protection of the rights of minors and the relevant regulatory support, there are still difficulties in law enforcement on this issue, which, in turn, requires scientific analysis.The state of research of the problem. Issues related to proceedings involving minors are the work of many procedural scientists: I.V. Glovyuk, Y. M. Groshevoy, Z.Z. Zinatullina, O.P. Kuchinskaya, L.M. Loboyko, V. T. Nora, M.A. Pogoretsky, V.V. Romanyuk, S.M. Smokova, L.D. Udalova, O.G. Shilo, D.O. Shingarev and others.The purpose of the scientific article is to study the guarantees of protection of the rights of minors and juveniles during their interrogation in the pre-trial investigation and to develop proposals based on it to improve the current criminal procedure legislation.Article’s main body. The research is devoted to determining the status of a minor in criminal proceedings, features of interrogation with his participation, analysis of additional guarantees of protection of his rights and interests during interrogation, features of specialization of subjects of such investigative (search) action and requirements to other participants of interrogation. It is noted that at the stage of pre-trial investigation, the method of interrogation of a minor is effective - "Green Room." This technique is developed to introduce the best experience of interrogation of the child, when the child is not injured and provide an opportunity to collect all the necessary evidence in criminal proceedings. It is stated that despite the positive impact of this technique,cases of interrogation of the child by the "Green Room" method are not frequent, given the small number of such "Green Rooms," and, therefore, the significant remoteness of law enforcement agencies from such specially equipped premises.The scientific novelty of the study is to make suggestions for improving the current criminal procedure legislation, which relate to the application of additional guarantees for the protection of the rights of minors, specialization of juvenile prosecutors, mandatory participants in the interrogation of minors.Conclusions. Among scientists and practitioners, the issue of mandatory and conditionally mandatory participants of interrogation of a minor listed in Part 1 of Article 226 of the CPC of Ukraine remains debatable. In our opinion, it is appropriate to apply to the motivational part of the Resolution of the United Chamber
问题设置。保护刑事诉讼参与人的权利和合法利益是刑事诉讼的任务之一。应根据《联合国儿童权利公约》第3条规定的最佳保护儿童利益的原则,考虑到青少年的年龄、生理和心理特点,为刑事诉讼中的青少年参与者提供额外保障。然而,尽管在保障保护未成年人权利的问题上取得了重大的科学进展和相关的监管支持,但在这一问题上的执法仍然存在困难,这反过来又需要科学分析。这个问题的研究现状。与涉及未成年人的诉讼有关的问题是许多程序科学家的工作:I.V. Glovyuk, y.m. Groshevoy, Z.Z. Zinatullina, O.P. Kuchinskaya, L.M. Loboyko, v.t. Nora, M.A. Pogoretsky, V.V. Romanyuk, S.M. Smokova, L.D. Udalova, O.G. Shilo, D.O. Shingarev等。这篇科学文章的目的是研究在审前侦查中对未成年人和未成年人的讯问权利的保障,并在此基础上提出完善现行刑事诉讼立法的建议。文章的主体。这项研究的目的是确定未成年人在刑事诉讼中的地位、未成年人参与审讯的特点、分析在审讯期间保护未成年人权利和利益的额外保障、这种调查(搜查)行动对象的专业化特点以及对其他审讯参与者的要求。值得注意的是,在审前侦查阶段,讯问未成年人的方法——“绿室”是有效的。这项技术的发展是为了在孩子没有受伤的情况下,为孩子提供最好的审讯体验,并提供一个在刑事诉讼中收集所有必要证据的机会。报告指出,尽管这种技术产生了积极的影响,但由于这种“绿色房间”的数量很少,因此执法机构远离这种特殊设备的场所,因此用“绿色房间”方法审讯儿童的案件并不多见。本研究的科学新颖之处在于对我国现行刑事诉讼立法提出完善建议,主要涉及对未成年人权利保护的附加保障的适用、未成年检察官的专业化、对未成年人讯问的强制性参与等。在科学家和从业人员中,强制性和有条件强制性参加审讯乌克兰《CPC》第226条第1部分所列未成年人的问题仍然存在争议。我们认为,适用于2019年11月18日最高法院上诉刑事法院联合分庭决议的激励部分是恰当的。确定确认辩护人有权参加某一特定刑事诉讼的文件范围(列于乌克兰《刑事诉讼法》第50条)。决议指出:……中国共产党第五十条第一部分第二款采用同质句构成的句法结构,即:“订单”、“合同”和“差事”通过不断的分离连接在一起,并且在最后两个之间使用了连接器“或”,这清楚地表明了一个可选列表,即可以选择中提到的三个中的一个。此外,如果这样的列表呈现了发生某种法律后果的条件,则使用分离连接器“或”表明该后果至少在列出的条件之一....的存在下发生”。因此,考虑到乌克兰CPC第226条第1部分中制定的这种句法设计,我们认为讯问未成年人或法定代理人、教师或心理学家是强制性的,并有条件地强制- -医生(如有必要)。
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引用次数: 0
Ukraine’s compliance with the Copenhagen criteria for accession to the European Union 乌克兰遵守加入欧洲联盟的哥本哈根标准
Pub Date : 2021-12-15 DOI: 10.37772/2518-1718-2021-4(36)-5
Olesya Trahniuk, Maksym Vytvytsky, Konstantin Shpak
Problem setting. Since gaining independence, Ukraine has been steadily moving towards integration into European and Euro-Atlantic structures. However, the process of acquiring membership of our state in the European Union is quite long and involves a number of criteria, in particular, in addition to the general ones specified in Art. 49 of the Treaty on European Union of 1993, and additional Copenhagen criteria to be met by the applicant state.European integration processes have a positive impact on the development of Ukraine as a democratic, social, legal state, strengthen its position in the international arena, contribute to economic reforms. Which, in turn, should be demonstrated in practice by bringing Ukraine closer to the requirements set by the EU for states that have expressed a desire to join the union.Recent research on the topic. Various aspects of the issue of European integration were developed primarily by European lawyers and political scientists, among whom the works of K. Baimi, A. Bogdandi, J. Buchanan, M. Burgess, W. Della Sala, A. Dashwood, G. De Burke are of special interest. J. Zimmerman, L. Cartou, N. Catalano, P. King, P. Craig, D. Lassok, S. Leikoff, W. Ostrom, D. Sidzhansky, R. Watts and many other authors. The list of scientific researches is not limited to the works of Western authors, as the integration process is quite dynamic, and therefore scientists are no less interested in the scientific developments of their colleagues from countries seeking to gain EU membership, including Ukrainian lawyers, including I. Bratsuk, O. Golovko-Gavrisheva, V. Kopiyka, T. Komarova, K. Smirnova, L. Luts, M. Mikievich, Z. Makarukha, V. Muravyov, V. Poselsky, R. Petrov, O. Tragnyuk, I. Yakovyuk and others.The purpose of this research is to analyze the current state of the legislative, legal and economic base of Ukraine for compliance with the Copenhagen criteria for accession to the European Union.Article’s main body. The article is devoted to the issue of Ukraine's compliance with each of the Copenhagen criteria. First of all, the authors note that the main purpose of the Copenhagen criteria is to select the most "worthy" applicants for membership in the Union.And compliance with these criteria must indicate the ability of the state to perform the duties of a member state of the Union. In addition, specific examples are given of the requirements that Ukraine has met as of 2021 and that it must meet in the near future. It indicates in which direction Ukraine should move in order to acquire the full status of a member state of the European Union. In conclusion, the opinions of scientists on the prospects of Ukraine's further accession to the European Union are presented.Conclusions and prospects for development. The research shows that Ukraine does not yet fully meet the Copenhagen criteria for accession to the EU, as for a number of objective and subjective reasons there is a lack of stable economic development and a well
问题设置。自获得独立以来,乌克兰一直稳步走向融入欧洲和欧洲-大西洋结构。然而,我国获得欧盟成员国资格的过程相当漫长,涉及许多标准,特别是除了1993年《欧洲联盟条约》第49条规定的一般标准之外,申请国还需要满足额外的哥本哈根标准。欧洲一体化进程对乌克兰作为一个民主、社会和法制国家的发展产生了积极影响,加强了乌克兰在国际舞台上的地位,促进了经济改革。反过来,这一点应该在实践中得到证明,即让乌克兰更接近欧盟对已表示希望加入欧盟的国家设定的要求。关于这个主题的最新研究。欧洲一体化问题的各个方面主要是由欧洲的律师和政治科学家发展起来的,其中K. Baimi、A. Bogdandi、J. Buchanan、M. Burgess、W. Della Sala、A. Dashwood和G. De Burke的著作特别令人感兴趣。J. Zimmerman, L. Cartou, N. Catalano, P. King, P. Craig, D. Lassok, S. Leikoff, W. Ostrom, D. Sidzhansky, R. Watts和许多其他作者。科学研究的清单并不局限于西方作者的作品,因为整合过程是相当动态的,因此科学家们对寻求获得欧盟成员资格的国家的同事的科学发展同样感兴趣,包括乌克兰律师,包括I. Bratsuk, O. Golovko-Gavrisheva, V. Kopiyka, T. Komarova, K. Smirnova, L. Luts, M. Mikievich, Z. Makarukha, V. Muravyov, V. Poselsky, R. Petrov, O. Tragnyuk, I. Yakovyuk和其他人。这项研究的目的是分析乌克兰在遵守哥本哈根加入欧洲联盟标准方面的立法、法律和经济基础的现状。文章的主体。这篇文章专门讨论了乌克兰遵守哥本哈根各项标准的问题。首先,作者指出,哥本哈根标准的主要目的是选择最“有价值”的申请国加入欧盟。遵守这些标准必须表明该国有能力履行欧盟成员国的职责。此外,还具体举例说明了乌克兰在2021年已经满足的要求以及在不久的将来必须满足的要求。它指出了乌克兰为获得欧洲联盟成员国的完全地位应朝哪个方向前进。最后,提出了科学家对乌克兰进一步加入欧盟前景的看法。结论和发展前景。研究表明,乌克兰尚未完全达到加入欧盟的哥本哈根标准,由于一些客观和主观的原因,缺乏稳定的经济发展和对政治运动方向的明确理解。尽管取得了重大进展,但国家立法也需要改进。乌克兰与欧盟之间的联系国协定生效后,一体化进程的发展大大加强。计划改革的实施无疑会使我国离加入欧盟更近一步,这应该会增加乐观情绪,并鼓励在这个方向上的日常工作。
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引用次数: 0
Fashion industry as a tool of public diplomacy: Ukrainian and world experience 时尚产业作为公共外交的工具:乌克兰和世界经验
Pub Date : 2021-12-15 DOI: 10.37772/2518-1718-2021-4(36)-9
Maryna Okladna, Oksana Stasevska, Maryna Vandzhurak
Problem setting. The success of a country's foreign policy in the modern world is determined not only by its military and economic power, but also by its success in shaping the strategy of public diplomacy. A positive image abroad is a key element of successful international cooperation. A wide range of public diplomacy tools contribute to the establishment of a high level of trust, partnership, economic, political and humanitarian ties in the world.Target of research. The purpose of the article is to determine the potential of the fashion industry as an important tool of public diplomacy of Ukraine, to promote a positive image of the country based on the study of domestic and world experience.Analysis of resent researches and publications. The problems of public diplomacy are actively considered by the scientific community. At the same time, it is obvious that the domestic scientific opinion lacks work on understanding the experience of using the potential of the fashion industry to implement the tasks of promoting a positive image of the state.Article’s main body. The authors of the article proceed from a broad conceptual understanding of public diplomacy as a complex system of institutions and mechanisms, the task of which is to create an attractive image of the country and to support the foreign policy of the state. An analysis of the definition of public and cultural diplomacy in the domestic scientific discourse has revealed the dominance of the traditional approach: the recognition of cultural diplomacy as a key component of public diplomacy, emphasizing its direct connection with the mechanisms of «soft power». A specific form of cultural expression can be considered fashion - one of the most complex phenomena of modern culture, which allows to emphasize social status and meet aesthetic needs. The versatility of the mod determines its great impact on the world economy, political life of society, and the environment. In the modern world, fashion has become one of the strongest diplomatic tools that combine art, creativity and business. For a long time, the fashion industry in Ukraine was not defined as a separate area of socio-cultural diplomacy. However, recently there has been a tendency to draw more attention to the fashion industry as one of the manifestations of cultural diplomacy, which has the potential to become a successful tool in shaping Ukraine's widespread recognition in the world. Studies of our country's experience in the use of the fashion industry in public diplomacy prove the existence of both extensive experience in this area and the existence of untapped opportunities to achieve greater efficiency.Conclusions and prospects for the development. Ukraine is taking various powerful measures at the institutional level to use the fashion industry as a tool of public diplomacy, but our country is only taking the first steps in this direction. The analysis of this experience allows to recognize it rather successful.
问题设置。在现代世界,一个国家外交政策的成功不仅取决于其军事和经济实力,还取决于其公共外交战略的形成。在国外树立积极形象是国际合作成功的关键因素。广泛的公共外交工具有助于在世界范围内建立高水平的信任、伙伴关系、经济、政治和人道主义关系。研究目标。本文的目的是在研究国内和世界经验的基础上,确定时尚产业作为乌克兰公共外交重要工具的潜力,以促进国家的积极形象。最新研究和出版物分析。公共外交的问题受到科学界的积极考虑。与此同时,很明显,国内的科学意见缺乏理解利用时尚产业的潜力来执行促进国家积极形象的任务的经验。文章的主体。本文的作者从广义上理解公共外交是一个复杂的制度和机制系统,其任务是创造一个有吸引力的国家形象,并支持国家的外交政策。对国内科学话语中公共外交和文化外交定义的分析揭示了传统方法的主导地位:承认文化外交是公共外交的关键组成部分,强调其与“软实力”机制的直接联系。一种特定的文化表现形式可以被认为是时尚——现代文化中最复杂的现象之一,它可以强调社会地位并满足审美需求。mod的多功能性决定了它对世界经济、社会政治生活和环境的巨大影响。在现代世界,时尚已经成为结合艺术、创意和商业的最强大的外交工具之一。很长一段时间以来,乌克兰的时尚产业并没有被定义为一个独立的社会文化外交领域。然而,最近有一种趋势,把更多的注意力吸引到时尚产业上,把它作为文化外交的一种表现形式,它有可能成为塑造乌克兰在世界上广泛认可的成功工具。对我国在公共外交中利用时尚产业的经验进行的研究证明,在这一领域既有丰富的经验,也有未开发的机会来实现更高的效率。结论及发展展望。乌克兰正在体制层面采取各种强有力的措施,利用时尚产业作为公共外交的工具,但我国只是朝这个方向迈出了第一步。对这一经验的分析使我们认识到它是相当成功的。
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引用次数: 0
Personal image: introduction to legal discourse 个人形象:法律话语导论
Pub Date : 2021-12-15 DOI: 10.37772/2518-1718-2021-4(36)-17
K. Karbovska
Problem setting. Intensive development of public relations, digitalization and commercialization of new spheres of life, growing popularity of the media sphere necessitates civil protection not only the privacy of individuals who are popular and recognizable, but also their right to publicity, which is directly related to lawful use of intangible benefits that belong to a person and shape his image.Analysis of recent researches and publications. Among the world's most prominent researchers of image as a social phenomenon are R. Burns, I. Hoffman, W. James, J. Rotter, L. Holl, and others. Domestic studies of image are represented by the works of Atamanskaya K.I., Barny N.V., Krynychna I.P., Lavrentiya A.S., Palekha Y.I., Panteleychuk I.V., Fedoriva T.V., Shcherbak N. V. and other representatives of various social sciences.The purpose of the article is to outline general scientific approaches to defining the concept of image, distinguishing it from related concepts and identifying promising areas of civil law research of image.Article’s main body. The concept of image is more often used in the information space, which leads to an increase in public demand for the legal definition of this concept and the settlement of issues related to the protection of the image of both individuals and legal entities.Image is the object of study of various branches of social science and studied by them in a variety of manifestations and aspects. Based on the analysis of a number of approaches to image definition by representatives of various sciences, it can be concluded that image considered as: (a) a communication tool that is a manipulative technology to influence public consciousness; (b) marketing tool to promote goods, works and services; (c) the external and psychological image of the public person through which society identifies him as an individual.Considering the image of an individual from the standpoint of a systematic approach, in particular a multilevel set of different components - personal intangible assets, we believe that reputation is an element of the image of an individual and should be considered as its structural component.From the standpoint of interdisciplinary research, the concepts of image and personal brand should be considered as synonymous, from a legal point of view, despite their similarity, they are formed by different objects of civil rights, although within the protection of the individual's right to protection and personal brand.Conclusions and prospects for the development. In view of the above, it can be concluded that the image of an individual is a complex, interdisciplinary concept. It is a holistic, stable image of a particular person that exists in society, and is characterized by the indivisibility of its external and internal characteristics, the corresponding personal, professional and social qualities. The constituent legal elements of the image are (a) personal intangible assets: the right to a name, t
问题设置。公共关系的深入发展,新生活领域的数字化和商业化,媒体领域的日益普及,不仅需要公民保护受欢迎和认可的个人隐私,还需要保护他们的宣传权,这直接关系到合法使用属于一个人的无形利益和塑造他的形象。分析最近的研究和出版物。世界上最杰出的图像作为一种社会现象的研究者有R. Burns、I. Hoffman、W. James、J. Rotter、L. Holl等人。国内的图像研究以Atamanskaya K.I.、Barny n.v.、Krynychna i.p.、Lavrentiya a.s.、Palekha Y.I、Panteleychuk i.v.、Fedoriva t.v.、Shcherbak n.v.等社会科学代表的作品为代表。本文的目的是概述界定形象概念的一般科学方法,将其与相关概念区分开来,并确定形象民法研究的前景领域。文章的主体。形象这一概念在信息空间的使用越来越频繁,这导致公众对这一概念的法律定义以及解决个人和法人形象保护相关问题的需求增加。形象是社会科学各学科的研究对象,是社会科学各学科在各种表现形式和方面的研究对象。根据各科学代表对若干图像定义方法的分析,可以得出结论,图像被视为:(a)一种通信工具,是一种影响公众意识的操纵技术;(b)推广商品、工程和服务的营销工具;(c)公众人物的外在和心理形象,社会通过这种形象把他视为一个个人。从系统方法的角度考虑个人形象,特别是多层次的不同组成部分-个人无形资产,我们认为声誉是个人形象的一个要素,应被视为其结构组成部分。从跨学科研究的角度来看,形象和个人品牌这两个概念应该是同义的,从法律的角度来看,尽管它们相似,但它们是由不同的民事权利客体所形成的,尽管在个人的保护权和个人品牌的保护范围内。结论及发展展望。综上所述,个人形象是一个复杂的、跨学科的概念。它是一个特定的人在社会中存在的整体的、稳定的形象,其特征是其外部和内部特征的不可分割性,以及相应的个人、职业和社会素质。形象的法律构成要件是:(a)个人无形资产:姓名权、形象权、个性权、个人名誉权;(b)知识产权客体:个性化手段:个人品牌、商标、商号等。
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引用次数: 0
Special directions of improving the efficiency of prevention and combating domestic violence (on the example of the work of the National police of the Kharkiv region) 关于提高预防和打击家庭暴力效率的特别指示(以哈尔科夫地区国家警察的工作为例)
Pub Date : 2021-12-15 DOI: 10.37772/2518-1718-2021-4(36)-12
M. Golub
Problem setting. According to the information of the National Service of Ukraine for 2020, state bodies that counteract domestic violence recorded 211,353 appeals for cases of such offenses. This is four times more than in 2019 (225). Thus, 180921 appeals were received from women, 27676 from men and 2756 from children [1]. Also in 2020, 921 individuals were convicted of domestic violence in Ukraine.Analysis of recent research. Important issues regarding the problem of combating domestic violence were discussed by such scientists as: O. Bandurka, O. Bezpalova, A. blaga, A. Galai, V. Galay, O.Juzha, L. Kryzhna, O. Kostyr, Yu. Krupka, K. Levchenko, O. Litvinov, G. Moshak, M. Panov, S. Pronevich, Ya. Sotak, O.Sstarkov, etc. In the works of these scientists, a thorough analysis of the use of international experience, determination of effective directions and measures to prevent and counter domestic violence was carried out.Purpose and objectives of the study. The purpose of the study is to investigate and analyze the actions of the National Police of Ukraine, which are aimed at increasing the effectiveness of combating domestic violence, and explore the experience of EU law enforcement agencies in responding to domestic violence.Tasks of the research are: to provide proposals on the directions of effective response of the National Police of Ukraine to cases of domestic violence; to highlight the need for interaction of National Police units with other structures of executive authorities and local self-government.Scientific novelty of research. The study considers proposals to increase the efficiency of the National Police in combating domestic violence, as well as ways to implement them. The interaction of the National Police with local executive bodies and local self-government is considered.Article’s main body. The article considers the importance of prevention and counteraction to domestic violence, as well as the functioning of the National Police of Ukraine in this field of law enforcement, observance of human rights and freedoms, legal grounds for preventing domestic violence, both in Ukraine and in the EU. The provisions of the current legislation of Ukraine concerning the peculiarities of bringing to responsibility for committing domestic violence are analyzed. The need to strengthen responsibility for domestic violence is determined. The attention is focused on strengthening the legislative activity of the Verkhovna Rada of Ukraine on the adoption of new laws on the legal regulation of domestic violence.Conclusions. Based on the research, we express suggestions for improving the work of the National Police of Ukraine in combating domestic violence, in particular: (1) taking into account the experience of the mobile groups of the National Police in combating domestic violence in the Kharkiv region, to prepare and submit to the Department of the NPU proposals for improving regulatory documents on this area of work taking into accoun
问题设置。根据乌克兰国家服务局2020年的信息,反对家庭暴力的国家机构记录了211353起此类犯罪案件的上诉。这是2019年(225)的四倍多。因此,收到180921份来自女性的申诉,27676份来自男性,2756份来自儿童[1]。同样在2020年,乌克兰有921人因家庭暴力被定罪。分析最近的研究。有关打击家庭暴力问题的重要问题由以下科学家讨论:O.班杜卡、O.别兹帕洛娃、A.布拉加、A.盖莱、V.盖莱、O. juzha、L. Kryzhna、O. Kostyr、Yu。Krupka, K. Levchenko, O. Litvinov, G. Moshak, M. Panov, S. Pronevich, Ya。Sotak, O.Sstarkov等。在这些科学家的工作中,对国际经验的利用进行了彻底的分析,确定了预防和打击家庭暴力的有效方向和措施。研究的目的和目标。本研究的目的是调查和分析乌克兰国家警察为提高打击家庭暴力的有效性而采取的行动,并探讨欧盟执法机构在应对家庭暴力方面的经验。研究的任务是:就乌克兰国家警察对家庭暴力案件作出有效反应的方向提出建议;强调国家警察单位与行政当局和地方自治的其他结构相互作用的必要性。科学研究的新颖性。该研究报告审议了提高国家警察在打击家庭暴力方面的效率的建议以及执行这些建议的方法。审议了国家警察与地方行政机构和地方自治的相互作用。文章的主体。该条审议了预防和打击家庭暴力的重要性,以及乌克兰国家警察在执法、尊重人权和自由、在乌克兰和欧盟防止家庭暴力的法律依据等领域的职能。分析了乌克兰现行立法中关于追究家庭暴力责任的特殊性的规定。已确定有必要加强对家庭暴力的责任。目前的重点是加强乌克兰最高拉达关于通过关于对家庭暴力进行法律管制的新法律的立法活动。在研究的基础上,我们对改善乌克兰国家警察在打击家庭暴力方面的工作提出建议,特别是:(1)考虑到哈尔科夫地区国家警察在打击家庭暴力方面的流动小组的经验,考虑到欧洲国家警察的经验,准备并向国家警察部提交关于改进这一工作领域的规范性文件的建议;(2)采取措施确保社会和心理援助流动小组(乌克兰社会政策部)与流动反应小组(乌克兰国家警察)的有效互动,包括:协调访问信息,交换信息,联合协调会议,组织初步培训课程,再培训和培训这些小组成员等。
{"title":"Special directions of improving the efficiency of prevention and combating domestic violence (on the example of the work of the National police of the Kharkiv region)","authors":"M. Golub","doi":"10.37772/2518-1718-2021-4(36)-12","DOIUrl":"https://doi.org/10.37772/2518-1718-2021-4(36)-12","url":null,"abstract":"Problem setting. According to the information of the National Service of Ukraine for 2020, state bodies that counteract domestic violence recorded 211,353 appeals for cases of such offenses. This is four times more than in 2019 (225). Thus, 180921 appeals were received from women, 27676 from men and 2756 from children [1]. Also in 2020, 921 individuals were convicted of domestic violence in Ukraine.\u0000\u0000Analysis of recent research. Important issues regarding the problem of combating domestic violence were discussed by such scientists as: O. Bandurka, O. Bezpalova, A. blaga, A. Galai, V. Galay, O.Juzha, L. Kryzhna, O. Kostyr, Yu. Krupka, K. Levchenko, O. Litvinov, G. Moshak, M. Panov, S. Pronevich, Ya. Sotak, O.Sstarkov, etc. In the works of these scientists, a thorough analysis of the use of international experience, determination of effective directions and measures to prevent and counter domestic violence was carried out.\u0000\u0000Purpose and objectives of the study. The purpose of the study is to investigate and analyze the actions of the National Police of Ukraine, which are aimed at increasing the effectiveness of combating domestic violence, and explore the experience of EU law enforcement agencies in responding to domestic violence.\u0000\u0000Tasks of the research are: to provide proposals on the directions of effective response of the National Police of Ukraine to cases of domestic violence; to highlight the need for interaction of National Police units with other structures of executive authorities and local self-government.\u0000\u0000Scientific novelty of research. The study considers proposals to increase the efficiency of the National Police in combating domestic violence, as well as ways to implement them. The interaction of the National Police with local executive bodies and local self-government is considered.\u0000\u0000Article’s main body. The article considers the importance of prevention and counteraction to domestic violence, as well as the functioning of the National Police of Ukraine in this field of law enforcement, observance of human rights and freedoms, legal grounds for preventing domestic violence, both in Ukraine and in the EU. The provisions of the current legislation of Ukraine concerning the peculiarities of bringing to responsibility for committing domestic violence are analyzed. The need to strengthen responsibility for domestic violence is determined. The attention is focused on strengthening the legislative activity of the Verkhovna Rada of Ukraine on the adoption of new laws on the legal regulation of domestic violence.\u0000\u0000Conclusions. Based on the research, we express suggestions for improving the work of the National Police of Ukraine in combating domestic violence, in particular: (1) taking into account the experience of the mobile groups of the National Police in combating domestic violence in the Kharkiv region, to prepare and submit to the Department of the NPU proposals for improving regulatory documents on this area of work taking into accoun","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116563035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Temporary application of international treaties: legal aspects 国际条约的临时适用:法律方面
Pub Date : 2021-12-15 DOI: 10.37772/2518-1718-2021-4(36)-8
V. Shcherbyna, I. Maryniv
Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article.Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber.Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use.Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk.Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Ano
问题设置。目前,条约临时适用的问题可以说是现实的。联合国国际法委员会的任务是阐述国际法中最重要的问题,它一直是该委员会注意的主题,这并非偶然。此外,上述联合国大会附属机构认识到有必要分析条约的临时适用问题,有必要就本条所讨论的专题逐步发展和编纂国际法。Аnalysis的研究和出版物。条约临时适用问题的各个方面主要反映在卢卡舒克、基维茨、普什尼亚克、玛丽尼夫和莱伯等人的著作中。研究的目的是描述临时引入国际条约的法律制度,并找出其使用的原因。文章的主体。该条专门讨论暂时使用一项国际条约作为国际法的基本制度的问题。该研究报告讨论了条约临时适用的必要性。委员会注意了审议这个问题的法律学者的著作,审查了他们关于审议中的问题的著作和摘要。作者分析了1969年《维也纳条约法公约》第25条的措词。审议了法律方面的问题和缺点。首先,有人指出,1969年《维也纳条约法公约》中没有关于国际条约暂时适用的定义,该公约第25条被批评为难以理解和缺乏法律精确性。发件人在该条中指出,一般来说,临时使用是在条约生效之前发生的,当时各国尚未完成条约生效所需的国内程序,也没有在国际上表示同意受其约束。发件人还强调,在条约生效之前或将在条约执行时生效,缔约国将履行其承诺,因此条约的目标将消失。发件人强调了正在审议的国际法律机构的另一个法律方面,即为了执行条约临时适用的机构,可以在国内法(宪法和立法)中颁布特别的法律和条例。更重要的是,作者提到,对国际条约法这门国家科学之父卢卡舒克的工作给予关注是适当的。条约临时适用制度是条约法中使各方能够紧急处理合作问题的关键制度之一。本文作者的另一个结论是,各国出于以下几个原因诉诸于审议中的这项法律文书:紧急解决有关条约所适用的问题;各国希望采取并立即执行建立信任措施;防止就同一主题先后通过并相互取代的若干国际条约在执行时出现时间间隔。
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引用次数: 0
Information provision of access to innovation infrastructure 提供信息获取创新基础设施
Pub Date : 2021-12-15 DOI: 10.37772/2518-1718-2021-4(36)-2
A. Samorodov
Problem setting. Effective innovative development of the state is impossible without ensuring the proper functioning of innovation infrastructure and innovation processes. In turn, the innovation infrastructure must be accessible to users and have the ability to meet both logistical and information needs. In this aspect, an important issue that will be considered in this article is to ensure free access of participants in the innovation process to the established network of information and communication interaction and assistance.Analysis of recent researches and publications. V.V. Maloyvan, T.V. Pisarenko, T.K. Kvasha, N.V. Bereznyak, O.V. Prudka, S.V. Glibko, O.V. Rozgon, Yu. V. Georgievsky, Yu. V. Pasmor and O.M. Petukhova studied the issue of information support for access to innovation infrastructure.Target of research is to analyze the legal regulation of information support for access to innovation infrastructure; identification of existing problems and possible ways to solve them in order to increase the efficiency of the national innovation infrastructure.Article’s main body. The article discusses the state of information support of the National Innovation Infrastructure. The current legislation and powers of state authorities and other subjects of the innovation process in the field of information support are analyzed. Examples of information and communication provision of innovative infrastructure are considered. Conclusions are drawn regarding possible ways to increase the efficiency of the national innovation infrastructure.It is expedient to recognize the information and communication support of the innovation infrastructure as a necessary precondition for increasing the economic and scientific potential of the state. Innovation and investment actors seeking to increase their productivity need to navigate large amounts of information to make the most appropriate and justified decisions. This increases the importance of information and communication centers, platforms and other entities that can offer customers structured, relevant, verified and accessible information gathered in one place.Conclusions and prospects for the development. Particular attention should be paid to the need for the state to encourage the exchange of information at the regional and sectoral levels, which can be achieved by strengthening the role of local governments in providing local and regional innovation infrastructures (both by changing legislation and by conducting information campaigns and communication platforms); as well as by encouraging universities to more actively interact with society and business.
问题设置。如果不能保证创新基础设施和创新过程的正常运行,国家就不可能实现有效的创新发展。反过来,创新基础设施必须对用户开放,并有能力满足后勤和信息需求。在这方面,本文将考虑的一个重要问题是确保创新过程中的参与者能够自由地获得已建立的信息交流互动和援助网络。分析最近的研究和出版物。V.V.马洛万,T.V.比萨连科,T.K.克瓦沙,N.V.别列兹尼亚克,v .普拉德卡,S.V.格列比科,V.V.罗兹贡,余。V. Georgievsky, Yu。V. Pasmor和O.M. Petukhova研究了获取创新基础设施的信息支持问题。研究目标是分析信息支持创新基础设施获取的法律规制;识别存在的问题和可能的解决方法,以提高国家创新基础设施的效率。文章的主体。文章论述了国家创新基础设施信息化支持的现状。对当前立法和国家权力机关等主体在信息保障领域的创新过程进行了分析。考虑了创新基础设施提供信息和通信的例子。就提高国家创新基础设施效率的可能途径得出结论。认识到创新基础设施的信息和通信支持是提高国家经济和科学潜力的必要前提,这是权宜之计。寻求提高生产力的创新和投资参与者需要浏览大量信息,以做出最适当和最合理的决策。这增加了信息和通信中心、平台和其他实体的重要性,这些实体可以在一个地方为客户提供结构化、相关、经过验证和可访问的信息。结论及发展展望。应特别注意国家鼓励在区域和部门层面交流信息的必要性,这可以通过加强地方政府在提供地方和区域创新基础设施方面的作用来实现(通过修改立法和开展信息活动和交流平台);同时鼓励大学更积极地与社会和企业互动。
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引用次数: 2
Development of research infrastructure in the condition of globalization: the experience of the Czech Republic 全球化条件下研究基础设施的发展:捷克共和国的经验
Pub Date : 2021-12-15 DOI: 10.37772/2518-1718-2021-4(36)-16
Olha Holovashchenko
Problem setting. The research is devoted to the analysis of the development of research infrastructures of the European Union based on the experience of the Czech Republic. The article analyzes the legal basis and practice of the functioning of research infrastructures in the European Research Area, considers the typology of large research infrastructures. The purpose of the article is to analyze the development of research infrastructures in the EU, in particular, on the example of the Czech Republic.Analysis of resent researches and publications. Today, aspects of the development of innovation systems and research infrastructures of the European Union are a topic for research of many domestic scientists. However, the issue of integration of the scientific and innovative system of Ukraine into the European Research Area remains urgent.Article's main body. Research infrastructures means a research facility necessary for conducting comprehensive research and development with high financial and technology demands, approved by the Government and established to be also used by other research organizations.The Czech Republic has responded to the increasing importance of research infrastructures and for the purpose of showing them as one of the key elements of the national research and innovation system. The Act on the Support of Research and Development is the principal document defining the support for R&D in the Czech Republic. It defines the key forms of financing research and development, the main governmental bodies responsible for R&D and the procedural steps for their assignment and use of this type of financial aid.According to the Roadmap of Large Research Infrastructures of the Czech Republic, the basic typology of research infrastructures divides facilities into three groups: single-sited research infrastructures situated in one place, distributed research infrastructures including a larger number of capacities situated in different places, and virtual research infrastructures. From the perspective of life cycle stages, research infrastructures are classified into research infrastructures in the preparatory phase, implementation/construction phase, operation phase and decommissioning phase. All of the above types of research infrastructures can also be found in the research and innovation system of the Czech Republic.Conclusions and prospects for the development. In recent years, the research infrastructure of the EU has undergone significant development, as evidenced by the example of the Czech Republic. As for Ukraine, which is just beginning its path in this direction, an important step was the adoption of the Concept of the State Target Program for Research Infrastructures in Ukraine until 2026, as well as the approval of the Roadmap for integration of Ukraine's research and innovation system into the European Research Area.
问题设置。这项研究以捷克共和国的经验为基础,专门分析欧洲联盟研究基础设施的发展情况。文章分析了欧洲研究区研究基础设施运作的法律依据和实践,考虑了大型研究基础设施的类型。本文的目的是分析欧盟研究基础设施的发展,特别是以捷克共和国为例。最新研究和出版物分析。今天,欧盟的创新系统和研究基础设施的发展方面是许多国内科学家研究的主题。然而,将乌克兰的科学和创新系统纳入欧洲研究区的问题仍然紧迫。文章的主体。研究基础设施是指为进行对财政和技术要求很高的全面研究和发展而设立,并获政府批准供其他研究机构使用的研究设施。捷克共和国对研究基础设施日益增加的重要性作出了反应,并将其作为国家研究和创新系统的关键要素之一。《研究与发展支持法案》是确定捷克共和国对研究与发展支持的主要文件。它定义了资助研究和开发的主要形式,负责研究和开发的主要政府机构,以及分配和使用这类财政援助的程序步骤。根据捷克共和国的大型研究基础设施路线图,研究基础设施的基本类型将设施分为三组:位于一个地方的单站点研究基础设施,分布的研究基础设施,包括位于不同地方的大量能力,以及虚拟研究基础设施。从生命周期阶段来看,研究基础设施分为准备阶段、实施/建设阶段、运行阶段和退役阶段。上述所有类型的研究基础设施也可以在捷克共和国的研究和创新体系中找到。结论及发展展望。近年来,欧盟的研究基础设施有了显著的发展,捷克共和国就是一个例子。对于刚刚开始向这一方向迈进的乌克兰来说,重要的一步是通过了乌克兰到2026年的国家研究基础设施目标计划概念,以及批准了乌克兰研究和创新体系融入欧洲研究区的路线图。
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引用次数: 1
Current innovative issues of legal regulation of collection activities 当前催收活动法律规制的创新问题
Pub Date : 2021-12-15 DOI: 10.37772/2518-1718-2021-4(36)-18
M. Semenova
Problem setting. At the present stage of development of the national legal system there are a number of conflicting issues and gaps in the legal regulation of collection companies. Prior to the adoption of the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts" the current legislation did not contain clear rules of conduct either for entities engaged in collection activities or mandatory uniform requirements to the ethical conduct and rules of interaction of such persons with the debtor in the settlement of overdue debt. This necessitates a comprehensive and comparative analysis of the legal regulation of economic activity of collectors, which is the purpose of this study. The object of the study is the legal relationship between entities engaged in collection activities and debtors.Analysis of recent researches and publications. Problems of legal regulation of collection activities in Ukraine and determining the nature of financial companies and the specifics of their activities have attracted the attention of researchers for a long time. So M. V. Fedik was engaged in research of this question at different times. [1, p. 107], S. B. Egoricheva [2, p. 117-119], M. I. Dancha [3, p. 52-55], N. V. Mentukh, O. R. Shevchuk [4, p. 58-62], A. G. Zaika [5, p. 169-176], O O. Savchuk, S. V Glibko [6, p. 132-137]. At the same time, the issue of settling the procedure for repaying bad debts by collectors by introducing clear legal rules for their activities and ensuring compliance with the rights of debtors requires further research.The target of research is to determine the changes in the state of collection entities during the settlement of overdue debt, which was proposed by the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts".Article’s main body. For the first time a comprehensive analysis of the activities of collectors before the adoption of the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts" and prospects of their activities. On the basis of which conclusions were made on the prospects for the implementation of the law.The research is devoted to the analysis of the state of activity of collectors and changes in the legal settlement of legal relations arising during the settlement of overdue debt, which were introduced by the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors debt ".Conclusions and prospects for the development. Thus, in general, a systematic analysis of Law № 1349-IX allows us to conclude that its provisions contain innovative provisions on the legal regulation of business activities of collection companies, which will have positive consequences for settling overdue debts and protect the rights of debtors.
问题设置。在我国法律制度发展的现阶段,对催收公司的法律规制存在着许多矛盾和空白。在通过乌克兰第1349-IX号法律“关于乌克兰在解决逾期债务中保护债务人的某些立法行为的修正案”之前,现行立法既没有明确的行为规则,也没有对从事催收活动的实体进行明确的行为规则,也没有对这些人在解决逾期债务中与债务人互动的道德行为和规则的强制性统一要求。这就需要对收集者经济活动的法律规制进行全面和比较的分析,这也是本研究的目的。本研究的对象是从事催收活动的实体与债务人之间的法律关系。分析最近的研究和出版物。乌克兰催收活动的法律规制问题以及确定金融公司的性质及其活动的具体内容,长期以来一直引起研究人员的关注。m。v。Fedik在不同时期都在研究这个问题。[1,第107页],叶戈里切瓦[2,第117-119页],丹查[3,第52-55页],门图克,谢夫克[4,第58-62页],扎伊卡[5,第169-176页],萨夫丘克,格里布科[6,第132-137页]。与此同时,通过为催收人的活动制定明确的法律规则和确保遵守债务人的权利来解决催收人偿还坏账的程序问题,需要进一步研究。研究的目标是确定催收实体在解决逾期债务期间的状态变化,这是由乌克兰第1349-IX号法律“关于乌克兰在解决逾期债务中保护债务人的某些立法法案的修正案”提出的。文章的主体。第一次全面分析了乌克兰第1349-IX号法律“关于乌克兰在解决逾期债务中保护债务人的某些立法法案的修正案”通过之前的催收人活动及其活动前景。在此基础上,对法律的执行前景作出了结论。该研究致力于分析催收人的活动状况以及解决逾期债务期间产生的法律关系的法律解决变化,这些法律解决是由乌克兰第1349-IX号法律“关于乌克兰保护债务人债务的某些立法法案的修正案”引入的。结论及发展展望。因此,总的来说,对第1349-IX号法律的系统分析使我们能够得出结论,其条款包含了对催收公司业务活动的法律监管的创新条款,这将对解决逾期债务和保护债务人的权利产生积极影响。
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引用次数: 0
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Law and innovations
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