Pub Date : 2021-12-28DOI: 10.26565/2226-0994-2021-65-5
V. Panov
This article is devoted to the question of how a native speaker exercises his authority over a non-native speaker. The research was carried out within the framework of the theory of linguistic imperialism. To reveal these relations, the concept of the right to correction is introduced. To describe the figures of native speaker and non-native speaker, we turn to researchers of linguistic imperialism, in particular R. Phillipson, Yu. Tsuda, etc. It is said that the standard view of the dominance of the native speaker is socio-economic, where the native speaker appears as a figure around whom opportunities for economic interaction and economic profit are concentrated. On the contrary, the right to correction demonstrates the native speaker's authority at the communicative level. The essence of the right to correction is as follows: a native speaker, as someone who is originally immersed in the language and understands it better, has the right to correct the language of a non-native speaker. To explain this concept, we turn to the concept of sociolects by R. Barthes and exclusion strategies described by J. Rancière. The basis for the right to correction is the idea that the language can best be known by those who are rooted in the linguistic and cultural environment from which the language originates - this idea is a figure of consistency in the understanding of R. Barthes. The right to correction is interpreted as a mechanism that performs several functions. First, it is the practice of discrediting non-native speaker speech, labelling it as noise. Secondly, it is the practice of interpellation and formation of the non-native speaker as the object of speech, and the native speaker as the Subject. Thirdly, it is the possibility of appropriating the speech of a non-native speaker, and therefore, depriving this speech of the property of imperativeness, authority. The goal of linguistic imperialism is to create a single (global) logic for the exclusion of non-native speakers from the (global) communicative space. In this logic, language acts as a code similar to the code described by G. Deleuze.
{"title":"THE RIGHT TO LANGUAGE CORRECTION: THE AUTHORITY OF NATIVE SPEAKER OVER NON-NATIVE SPEAKER","authors":"V. Panov","doi":"10.26565/2226-0994-2021-65-5","DOIUrl":"https://doi.org/10.26565/2226-0994-2021-65-5","url":null,"abstract":"This article is devoted to the question of how a native speaker exercises his authority over a non-native speaker. The research was carried out within the framework of the theory of linguistic imperialism. To reveal these relations, the concept of the right to correction is introduced. To describe the figures of native speaker and non-native speaker, we turn to researchers of linguistic imperialism, in particular R. Phillipson, Yu. Tsuda, etc. It is said that the standard view of the dominance of the native speaker is socio-economic, where the native speaker appears as a figure around whom opportunities for economic interaction and economic profit are concentrated. On the contrary, the right to correction demonstrates the native speaker's authority at the communicative level. The essence of the right to correction is as follows: a native speaker, as someone who is originally immersed in the language and understands it better, has the right to correct the language of a non-native speaker. To explain this concept, we turn to the concept of sociolects by R. Barthes and exclusion strategies described by J. Rancière. The basis for the right to correction is the idea that the language can best be known by those who are rooted in the linguistic and cultural environment from which the language originates - this idea is a figure of consistency in the understanding of R. Barthes. The right to correction is interpreted as a mechanism that performs several functions. First, it is the practice of discrediting non-native speaker speech, labelling it as noise. Secondly, it is the practice of interpellation and formation of the non-native speaker as the object of speech, and the native speaker as the Subject. Thirdly, it is the possibility of appropriating the speech of a non-native speaker, and therefore, depriving this speech of the property of imperativeness, authority. The goal of linguistic imperialism is to create a single (global) logic for the exclusion of non-native speakers from the (global) communicative space. In this logic, language acts as a code similar to the code described by G. Deleuze.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"120 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89627792","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}
Pub Date : 2021-12-28DOI: 10.26565/2075-1834-2021-32-09
V. Hnatenko
Introduction. The article investigates the problem of proving the circumstances of a criminal offense by investigators. The procedural powers of the investigator are defined in such a way that the investigator makes all decisions on investigative (search) actions, except when the law provides for obtaining approval from the prosecutor or sanctions from the investigating judge and is fully responsible for their legality. After obtaining the factual data, consolidating them as evidence, the investigator must evaluate all the evidence according to his inner convictions. The investigator must be sure that the criminal offense was committed by the suspect. If he has doubts about the commission of a criminal offense by a certain suspect, he must seek evidence of both guilt and innocence. Summary of the main research results. It is proposed to establish the limits of proving a criminal offense on the basis of regulatory support of the Criminal Code of Ukraine. The elements of the limits of proof of a criminal offense include the fact of the criminal offense, factual data, information about the facts and procedurally established evidence indicating the guilt of the suspect. It is important to note that the limits of proof must be based not only on the circumstances of the criminal offense, but also on the circumstances that affect the severity of the criminal offense or are grounds for exemption from criminal liability. Conclusions. It is proposed to amend the CPC of Ukraine and establish a mechanism for procedural guidance of the investigator during the operational and investigative activities of operational units. The investigator's activity in determining the subject and limits of evidence in the pre-trial investigation can be improved by improving his procedural status. To this end, it is advisable to strengthen the procedural independence of the investigator, respectively, reducing his dependence on the prosecutor in terms of evaluating the evidence on key issues of pre-trial investigation. Other ways to improve the current legislation of Ukraine are proposed.
{"title":"PROVING THE CIRCUMSTANCES OF A CRIMINAL OFFENSE BY AN INVESTIGATOR","authors":"V. Hnatenko","doi":"10.26565/2075-1834-2021-32-09","DOIUrl":"https://doi.org/10.26565/2075-1834-2021-32-09","url":null,"abstract":"Introduction. The article investigates the problem of proving the circumstances of a criminal offense by investigators. The procedural powers of the investigator are defined in such a way that the investigator makes all decisions on investigative (search) actions, except when the law provides for obtaining approval from the prosecutor or sanctions from the investigating judge and is fully responsible for their legality. After obtaining the factual data, consolidating them as evidence, the investigator must evaluate all the evidence according to his inner convictions. The investigator must be sure that the criminal offense was committed by the suspect. If he has doubts about the commission of a criminal offense by a certain suspect, he must seek evidence of both guilt and innocence.\u0000\u0000Summary of the main research results. It is proposed to establish the limits of proving a criminal offense on the basis of regulatory support of the Criminal Code of Ukraine. The elements of the limits of proof of a criminal offense include the fact of the criminal offense, factual data, information about the facts and procedurally established evidence indicating the guilt of the suspect. It is important to note that the limits of proof must be based not only on the circumstances of the criminal offense, but also on the circumstances that affect the severity of the criminal offense or are grounds for exemption from criminal liability.\u0000\u0000Conclusions. It is proposed to amend the CPC of Ukraine and establish a mechanism for procedural guidance of the investigator during the operational and investigative activities of operational units. The investigator's activity in determining the subject and limits of evidence in the pre-trial investigation can be improved by improving his procedural status. To this end, it is advisable to strengthen the procedural independence of the investigator, respectively, reducing his dependence on the prosecutor in terms of evaluating the evidence on key issues of pre-trial investigation. Other ways to improve the current legislation of Ukraine are proposed.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78292329","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}
Pub Date : 2021-12-28DOI: 10.26565/2226-0994-2021-65-1
Nataliia Zahurska
This article considers post-postmodern arts and trends in their diversity. The starting point of the research is the comparison of postmodern and post-postmodern in the art environment. Postmodern paradoxically limits the redundancy, not allowing sufficient displaying of the special features of an art object. Post-postmodern arts provide a possibility to overcome the lack and danger of events and the self-happening of a human being. Object-oriented ontology (OOO) by Graham Harman, performatism by Raoul Eshelman, metamodernism by Timotheus Vermeulen and Robin van den Akker, digimodernism by Alain Kirby, post-postmodern understanding of architecture by Tom Turner, etc. are intellectual trends, which comprehends peculiarities of postmodern and post-postmodern art in particular. OOO displays, that post-postmodern art is rather theatrical that literal and even post-postmodern literature becomes theatrical. The renouncement from an overestimation of both form and function in art, especially in architecture, allows to designate a weird formalism as an actual art position. Since the article deals with the art of living through, the greatest attention is paid to architecture as an exemplary art. This explains the appeal to works that research architecture, including the theories of architects themselves such as Peter Zumthor or Juhani Palasmaa or creating architectural art objects by writers. On the other hand, post-postmodern writers such as David Foster Wallace or Dave Eggers create theatrical literary works, which are often filmed. Performatism as a direction developing post-millennial generative anthropology is the basis for the researching of generative art as the most unpredictable and close to the spontaneity of living through as a moving to attract objects, including art objects. This article develops this approach by researching of moving from self-performance to self-happening as an art of demeanor, a mode of being. Thus, post-postmodern art in its diversity appears as art a human being living through.
本文探讨了后后现代艺术及其多样性趋势。研究的出发点是后现代与后后现代在艺术环境中的比较。后现代主义矛盾地限制了冗余，不允许充分展示艺术对象的特殊功能。后后现代艺术提供了一种克服事件的缺乏和危险以及人类自我发生的可能性。Graham Harman的面向对象本体(OOO)、Raoul Eshelman的表演主义、Timotheus Vermeulen和Robin van den Akker的元现代主义、Alain Kirby的数字现代主义、Tom Turner对建筑的后后现代理解等都是思潮，尤其是理解后现代和后后现代艺术的特点。《OOO》表明，后后现代艺术是相当戏剧化的，文学甚至后后现代文学都变得戏剧化了。在艺术中，尤其是在建筑中，放弃对形式和功能的高估，允许将奇怪的形式主义指定为实际的艺术立场。由于这篇文章涉及的是生活的艺术，所以最关注的是建筑作为一种典型的艺术。这就解释了为什么人们喜欢研究建筑的作品，包括建筑师自己的理论，如Peter Zumthor或Juhani Palasmaa，或者作家创作的建筑艺术品。另一方面，后后现代作家如大卫·福斯特·华莱士或戴夫·埃格斯创作戏剧文学作品，这些作品经常被拍摄成电影。表演主义作为后千禧年生成人类学的发展方向，是研究生成艺术的基础，因为生成艺术是最不可预测的，最接近生活的自发性，通过移动来吸引对象，包括艺术对象。本文通过研究从自我表现到自我发生的转变，作为一种行为艺术，一种存在模式，来发展这种方法。因此，多样性的后后现代艺术表现为人类生活的艺术。
{"title":"POST-POSTMODERN: ARTS AND TRENDS","authors":"Nataliia Zahurska","doi":"10.26565/2226-0994-2021-65-1","DOIUrl":"https://doi.org/10.26565/2226-0994-2021-65-1","url":null,"abstract":"This article considers post-postmodern arts and trends in their diversity. The starting point of the research is the comparison of postmodern and post-postmodern in the art environment. Postmodern paradoxically limits the redundancy, not allowing sufficient displaying of the special features of an art object. Post-postmodern arts provide a possibility to overcome the lack and danger of events and the self-happening of a human being. Object-oriented ontology (OOO) by Graham Harman, performatism by Raoul Eshelman, metamodernism by Timotheus Vermeulen and Robin van den Akker, digimodernism by Alain Kirby, post-postmodern understanding of architecture by Tom Turner, etc. are intellectual trends, which comprehends peculiarities of postmodern and post-postmodern art in particular. OOO displays, that post-postmodern art is rather theatrical that literal and even post-postmodern literature becomes theatrical. The renouncement from an overestimation of both form and function in art, especially in architecture, allows to designate a weird formalism as an actual art position. Since the article deals with the art of living through, the greatest attention is paid to architecture as an exemplary art. This explains the appeal to works that research architecture, including the theories of architects themselves such as Peter Zumthor or Juhani Palasmaa or creating architectural art objects by writers. On the other hand, post-postmodern writers such as David Foster Wallace or Dave Eggers create theatrical literary works, which are often filmed. Performatism as a direction developing post-millennial generative anthropology is the basis for the researching of generative art as the most unpredictable and close to the spontaneity of living through as a moving to attract objects, including art objects. This article develops this approach by researching of moving from self-performance to self-happening as an art of demeanor, a mode of being. Thus, post-postmodern art in its diversity appears as art a human being living through.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85564091","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}
Pub Date : 2021-12-28DOI: 10.26565/2226-0994-2021-65-6
O. Yatsenko
The article consistently substantiates the statement about the non-contextual nature of metaphysical knowledge. It is proved that metaphysics as knowledge of the limit level of abstraction determines the context, which gives it the status of a pure theory of the universal essential foundations of existence and knowledge of the world. Also, metaphysics as a speculative level of boundary abstractions determines the general contour of the realization of culture, on the specific historical interpretation of which depends the content of the cultural space of human existence. It is hypothesized that the metaphysics of culture emphasizes the constant principles of the specificity of human existence, and the effectiveness and efficiency of reflection on the phenomenon of culture is carried out by determining the fundamental for a particular era dialectical contradiction. Accordingly, metaphysics is a pronounced semantic construction of culture, which produces a certain type of thinking, memory and identification, i.e. subjectivity; and sociality as an ethical-axiological model of interaction with the Other. It is argued that classical metaphysics since its inception and throughout its long, meaningful and productive existence is a kind of orientation in space. The author argues that culture is a collection of space in an intelligible structure, the specific nature of human existence in the universe, the way of human being in the world. Space in the metaphysics of culture means the area of localization of the "Ego" and the field of transcendence at the same time. It is argued that metaphysics through the space of culture allows us to empirically feel the universe as Unite, to assume the existence of meaning. The concept of metaphysics of culture as a sphere of philosophical research of the phenomenon of culture in its boundary, extra-experiential, essential principles of historical development and semantic transformations is defined. Based on the analysis, the author summarizes the definition of the phenomenon of culture as a specifically human way of mastering space and the conquest of time, and consciousness - as a topology of reflective practices.
{"title":"PURPOSE OF METAPHYSICS: APOLOGY OF OVERAGE","authors":"O. Yatsenko","doi":"10.26565/2226-0994-2021-65-6","DOIUrl":"https://doi.org/10.26565/2226-0994-2021-65-6","url":null,"abstract":"The article consistently substantiates the statement about the non-contextual nature of metaphysical knowledge. It is proved that metaphysics as knowledge of the limit level of abstraction determines the context, which gives it the status of a pure theory of the universal essential foundations of existence and knowledge of the world. Also, metaphysics as a speculative level of boundary abstractions determines the general contour of the realization of culture, on the specific historical interpretation of which depends the content of the cultural space of human existence. It is hypothesized that the metaphysics of culture emphasizes the constant principles of the specificity of human existence, and the effectiveness and efficiency of reflection on the phenomenon of culture is carried out by determining the fundamental for a particular era dialectical contradiction. Accordingly, metaphysics is a pronounced semantic construction of culture, which produces a certain type of thinking, memory and identification, i.e. subjectivity; and sociality as an ethical-axiological model of interaction with the Other. It is argued that classical metaphysics since its inception and throughout its long, meaningful and productive existence is a kind of orientation in space. The author argues that culture is a collection of space in an intelligible structure, the specific nature of human existence in the universe, the way of human being in the world. Space in the metaphysics of culture means the area of localization of the \"Ego\" and the field of transcendence at the same time. It is argued that metaphysics through the space of culture allows us to empirically feel the universe as Unite, to assume the existence of meaning. The concept of metaphysics of culture as a sphere of philosophical research of the phenomenon of culture in its boundary, extra-experiential, essential principles of historical development and semantic transformations is defined. Based on the analysis, the author summarizes the definition of the phenomenon of culture as a specifically human way of mastering space and the conquest of time, and consciousness - as a topology of reflective practices.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87463653","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}
Pub Date : 2021-12-28DOI: 10.26565/2226-0994-2021-65-2
Yulia Bankouskaya
The study and understanding of modern technological processes, occurring in society, ambivalent nature leads to the need to clarify network processes. Social networks gradually become not only a theoretical construct, but also an empirical object included in the sphere of human daily life. Uncontrollability, anonymity, lack of unified value orientations and a strict system of control over the transmission of information, multi-channel, hypertextuality, and interactivity inherent in network interaction make it difficult to resolve conflicts. In order to reduce the level of acute contradictions, the main measures regulating people's activities within the information and communication space should be taken. The study of social capital as a basic phenomenon that determines the specifics of the network structures interaction is caused by the fact that this capital is a resource that has a direct impact on the quality of the network, its functioning and development. The mechanisms of its distribution are used to build attitudes, activities, and a model of people's behavior in network foundation. It acts as an information resource that affects the causes of conflict, the specifics of its unfolding, and the development of measures to resolve contradictions. The study of social capital allows us to clarify the features of network conflicts that consist in their anonymity, openness, sensory distancing, lack of sanctions and legal consequences for violation of social norms. Symbolic information space in this case acts as the main sphere of unfolding the confrontation. The importance of network conflict resolution establishes controlling over the conflict situation and developing measures to resolve it, searching for means and ways to achieve the desired result, and elaboration options for preventing the negative productivity of the problem, preventing the escalation of violence and destruction of the existing forms of social system functioning. It contributes to its transformation into more humane relationships of people to each other, interests and changes in life aspirations.
{"title":"TECHNOLOGIES FOR RESOLVING NETWORK CONFLICTS","authors":"Yulia Bankouskaya","doi":"10.26565/2226-0994-2021-65-2","DOIUrl":"https://doi.org/10.26565/2226-0994-2021-65-2","url":null,"abstract":"The study and understanding of modern technological processes, occurring in society, ambivalent nature leads to the need to clarify network processes. Social networks gradually become not only a theoretical construct, but also an empirical object included in the sphere of human daily life. Uncontrollability, anonymity, lack of unified value orientations and a strict system of control over the transmission of information, multi-channel, hypertextuality, and interactivity inherent in network interaction make it difficult to resolve conflicts. In order to reduce the level of acute contradictions, the main measures regulating people's activities within the information and communication space should be taken. The study of social capital as a basic phenomenon that determines the specifics of the network structures interaction is caused by the fact that this capital is a resource that has a direct impact on the quality of the network, its functioning and development. The mechanisms of its distribution are used to build attitudes, activities, and a model of people's behavior in network foundation. It acts as an information resource that affects the causes of conflict, the specifics of its unfolding, and the development of measures to resolve contradictions. The study of social capital allows us to clarify the features of network conflicts that consist in their anonymity, openness, sensory distancing, lack of sanctions and legal consequences for violation of social norms. Symbolic information space in this case acts as the main sphere of unfolding the confrontation. The importance of network conflict resolution establishes controlling over the conflict situation and developing measures to resolve it, searching for means and ways to achieve the desired result, and elaboration options for preventing the negative productivity of the problem, preventing the escalation of violence and destruction of the existing forms of social system functioning. It contributes to its transformation into more humane relationships of people to each other, interests and changes in life aspirations.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88562128","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}
Pub Date : 2021-12-28DOI: 10.26565/2226-0994-2021-65-3
Oleksandr Maniukov
The article covers a multidimensional issue of social inequality. Most of sociological and philosophical studies concern informational, economic and gender inequality. However, for holistic understanding of the problem, it is important to take into account emotional, ecological and psychological components. Informational, economic and ecological inequality directly depend on access to truthful and scientifically based information from reliable sources, to opportunities of supporting oneself financially, to quality food products and safe environment, respectively. To overcome these types of inequality, access should be taken into account, as a concept, characteristics of which define the availability and accessibility of certain resources and the ability to satisfy either the need in clean drinking water or one’s social recognition by others. The correlations between the concept of “Age of Access” coined by Jeremy Rifkin and Hanzi Freinacht’s theory of metamodern politics are presented. The relevance of “access” to multidimensional inequality (one of the issues ideologists of political metamodernism work on) was analysed. A cohort of central actors in the age of access was reviewed. It includes metamodern aristocracy (hackers, hippies, hipsters, hermeneutics) and a group formed by cleanweb‑, bio‑, info‑ and 3D‑hackers. It was demonstrated that the abovementioned specialists are deeply involved in the regulatory processes of access control and/or its deprivation compared to other members of post-industrial societies. In post-industrial societies with networked economy the role of access has significantly increased relatively to accumulation of material wealth and property ownership. On the one hand, building a just society requires overcoming the forces that somehow perpetuate inequality, and, on the other hand, providing the highest possible level of access to everything that increases equality between people. Those who are excluded from networks and deprived of access should not be forgotten; they don’t have access not only to resources, but can’t even have a discussion with the privileged ones about their own inferior condition. The reproduction mechanisms of the above-mentioned types of inequalities should be complemented by such a concept of access that would contribute to the eradication of inequality and/or provide us with more equitable solutions in case of insurmountable circumstances. Such solutions also might be applied to emotional and psychological inequality.
{"title":"MEASUREMENTS OF INEQUALITY IN POLITICAL METAMODERNISM (HANZI FREINACHT) AND THE AGE OF ACCESS (JEREMY RIFKIN)","authors":"Oleksandr Maniukov","doi":"10.26565/2226-0994-2021-65-3","DOIUrl":"https://doi.org/10.26565/2226-0994-2021-65-3","url":null,"abstract":"The article covers a multidimensional issue of social inequality. Most of sociological and philosophical studies concern informational, economic and gender inequality. However, for holistic understanding of the problem, it is important to take into account emotional, ecological and psychological components. Informational, economic and ecological inequality directly depend on access to truthful and scientifically based information from reliable sources, to opportunities of supporting oneself financially, to quality food products and safe environment, respectively. To overcome these types of inequality, access should be taken into account, as a concept, characteristics of which define the availability and accessibility of certain resources and the ability to satisfy either the need in clean drinking water or one’s social recognition by others. The correlations between the concept of “Age of Access” coined by Jeremy Rifkin and Hanzi Freinacht’s theory of metamodern politics are presented. The relevance of “access” to multidimensional inequality (one of the issues ideologists of political metamodernism work on) was analysed. A cohort of central actors in the age of access was reviewed. It includes metamodern aristocracy (hackers, hippies, hipsters, hermeneutics) and a group formed by cleanweb‑, bio‑, info‑ and 3D‑hackers. It was demonstrated that the abovementioned specialists are deeply involved in the regulatory processes of access control and/or its deprivation compared to other members of post-industrial societies.\u0000\u0000In post-industrial societies with networked economy the role of access has significantly increased relatively to accumulation of material wealth and property ownership. On the one hand, building a just society requires overcoming the forces that somehow perpetuate inequality, and, on the other hand, providing the highest possible level of access to everything that increases equality between people. Those who are excluded from networks and deprived of access should not be forgotten; they don’t have access not only to resources, but can’t even have a discussion with the privileged ones about their own inferior condition. The reproduction mechanisms of the above-mentioned types of inequalities should be complemented by such a concept of access that would contribute to the eradication of inequality and/or provide us with more equitable solutions in case of insurmountable circumstances. Such solutions also might be applied to emotional and psychological inequality.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84146349","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}
Pub Date : 2021-12-27DOI: 10.26565/2075-1834-2021-32-04
N. Hryshyna, Karyna Valeriivna Rostovska
Corruption as an international global phenomenon is inherent to all countries regardless of their political system and level of economic development. Ukraine as a State-participant of Convention of the UNO against corruption is obliged to implement its requirements to develop and carry out effective coordinated policy of tackling corruption, that contributes to participation of society and represents principles of law and order, proper management of state affairs and state property, honesty and incorruptibility, transparency and responsibility. It is necessary to mark that corruption always grows, when a country is on the stage of transformation. As Ukraine passes not just the stage of democratization of the political system , but carries out fundamental transformation of the economic and political system, legal and social ones, so an increase of level of corruption is objectively conditioned factor. The article reports , that effective preventions and counteraction to corruption are impossible without coordinated work of all state bodies. Thus Anticorruption strategy covers the question of functioning of the general system of prevention of corruption, determines priorities of prevention of corruption in the certain sectors of state administration and pay a lot of attention to the question of responsibility for corruption. There fore the question of scientific accompaniment of public anticorruption policy during its development and realization is relevant , and also it is of vast importance to form the modern infrastructure of scientifically-expert and analytical activity.
{"title":"IN RELATION TO THE QUESTION OF SCIENTIFIC ACCOMPANIMENT OF PUDLIC ANTICORRUPTION POLICY","authors":"N. Hryshyna, Karyna Valeriivna Rostovska","doi":"10.26565/2075-1834-2021-32-04","DOIUrl":"https://doi.org/10.26565/2075-1834-2021-32-04","url":null,"abstract":"Corruption as an international global phenomenon is inherent to all countries regardless of their political system and level of economic development. Ukraine as a State-participant of Convention of the UNO against corruption is obliged to implement its requirements to develop and carry out effective coordinated policy of tackling corruption, that contributes to participation of society and represents principles of law and order, proper management of state affairs and state property, honesty and incorruptibility, transparency and responsibility. It is necessary to mark that corruption always grows, when a country is on the stage of transformation. As Ukraine passes not just the stage of democratization of the political system , but carries out fundamental transformation of the economic and political system, legal and social ones, so an increase of level of corruption is objectively conditioned factor.\u0000\u0000The article reports , that effective preventions and counteraction to corruption are impossible without coordinated work of all state bodies. Thus Anticorruption strategy covers the question of functioning of the general system of prevention of corruption, determines priorities of prevention of corruption in the certain sectors of state administration and pay a lot of attention to the question of responsibility for corruption.\u0000\u0000There fore the question of scientific accompaniment of public anticorruption policy during its development and realization is relevant , and also it is of vast importance to form the modern infrastructure of scientifically-expert and analytical activity.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72656608","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}
Pub Date : 2021-12-27DOI: 10.26565/2075-1834-2021-32-06
Denys Oleksandrovych Danylenko
ANNOTATION: Introduction. The article analyzes the concept of violence as a criminal-legal category. Violence is a sign of criminal offenses that occur in different sections of the Special Part. At the same time, it has common features that should be taken into account in each specific case of committing criminal offenses with signs of violence. Summary of the main research results. In order to understand the concept of "violence" various approaches were considered. It is proved that the criminal-legal concept "violence" should be understood taking into account the generally accepted and philosophical meaning of this concept. It should be remembered that the criminal-legal meaning of the concept "violence" is much wider than defined in the norms of law and provide the liability for criminal offenses related to the use of violence. It was emphasized that violence has two main types: physical and mental violence. Although the legislation also specifies some other types. The author defines its main criminal-legal features. In particular: it is always illegal (protection from illegal actions of employees cannot be attributed to violence); such actions are always committed intentionally; they are characterized by two forms: physical violence and mental violence. Conclusions. Violence in criminal law is a criminal encroachment on the personal safety of a man in the form of intentional unlawful infliction of physical or mental harm to the victim contrary to (against or outside) their will by means of energetical (physical) or informational (mental) influence on the body (organs, flesh, physiological functions, mental state) of a person.
{"title":"VIOLENCE AS A CRIMINAL-LEGAL CATEGORY","authors":"Denys Oleksandrovych Danylenko","doi":"10.26565/2075-1834-2021-32-06","DOIUrl":"https://doi.org/10.26565/2075-1834-2021-32-06","url":null,"abstract":"ANNOTATION: Introduction. The article analyzes the concept of violence as a criminal-legal category. Violence is a sign of criminal offenses that occur in different sections of the Special Part. At the same time, it has common features that should be taken into account in each specific case of committing criminal offenses with signs of violence.\u0000\u0000Summary of the main research results. In order to understand the concept of \"violence\" various approaches were considered. It is proved that the criminal-legal concept \"violence\" should be understood taking into account the generally accepted and philosophical meaning of this concept. It should be remembered that the criminal-legal meaning of the concept \"violence\" is much wider than defined in the norms of law and provide the liability for criminal offenses related to the use of violence. It was emphasized that violence has two main types: physical and mental violence. Although the legislation also specifies some other types. The author defines its main criminal-legal features. In particular: it is always illegal (protection from illegal actions of employees cannot be attributed to violence); such actions are always committed intentionally; they are characterized by two forms: physical violence and mental violence.\u0000\u0000Conclusions. Violence in criminal law is a criminal encroachment on the personal safety of a man in the form of intentional unlawful infliction of physical or mental harm to the victim contrary to (against or outside) their will by means of energetical (physical) or informational (mental) influence on the body (organs, flesh, physiological functions, mental state) of a person.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"59 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86793004","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}
Pub Date : 2021-12-27DOI: 10.26565/2075-1834-2021-32-02
S. Shabanova, Anna Lazebna
Introduction. The processes of digitalization of business, the introduction of new forms of organization of production and labor are much ahead of the settlement of such innovations in the legal environment. Formulation of the problem. The archaic nature of labor legislation in comparison with the trends of the digital economy gives rise to grounds for reducing the level of information security of the subjects of labor relations. The relevance is due to the imperfection of the normative regulation of the basic principles of information security, the obsolescence of labor legislation, the low level of digital culture of the population of Ukraine, resulting in an urgent need to study the information security of labor law. Goal. The study of ways to modernize the mechanisms of information security of employers and employees, caused by the tendency to combine labor relations with information technology. Methods. Theoretical and general scientific (analysis, synthesis, systematization), empirical method (method of comparison). The main results of the study. International legal regulation is significantly ahead of the development of national legislation on information security. The Ukrainian legislator sees this process as illusory, bypassing the scale of technological development and possible "digital" problems. Increasingly, the work process is moving into cyberspace. This trend has created the conditions for the successful development of digital work platforms. Participants in labor relations in Ukraine need to update the mechanisms of protection against information threats related to the digitalization of activities, as well as the modernization of protection of labor rights of employees. In order to create appropriate working conditions, employers must control the work of workers, but in ways that do not violate their fundamental rights and freedoms. Conclusions. The obligation to ensure privacy must be exercised through a single national regulatory framework. Public authorities are authorized to ensure non-interference in the private life of subjects of labor law. It is necessary to establish mechanisms to protect labor relations participants from information threats at the level of a single mandatory legal act and regulate the status of digital labor platforms to protect intellectual property rights, guarantee payment for work performed, prevent the spread of shadow employment.
{"title":"INFORMATION SECURITY OF LABOR LAW SUBJECTS","authors":"S. Shabanova, Anna Lazebna","doi":"10.26565/2075-1834-2021-32-02","DOIUrl":"https://doi.org/10.26565/2075-1834-2021-32-02","url":null,"abstract":"Introduction. The processes of digitalization of business, the introduction of new forms of organization of production and labor are much ahead of the settlement of such innovations in the legal environment.\u0000\u0000Formulation of the problem. The archaic nature of labor legislation in comparison with the trends of the digital economy gives rise to grounds for reducing the level of information security of the subjects of labor relations.\u0000\u0000The relevance is due to the imperfection of the normative regulation of the basic principles of information security, the obsolescence of labor legislation, the low level of digital culture of the population of Ukraine, resulting in an urgent need to study the information security of labor law.\u0000\u0000Goal. The study of ways to modernize the mechanisms of information security of employers and employees, caused by the tendency to combine labor relations with information technology.\u0000\u0000Methods. Theoretical and general scientific (analysis, synthesis, systematization), empirical method (method of comparison).\u0000\u0000The main results of the study. International legal regulation is significantly ahead of the development of national legislation on information security. The Ukrainian legislator sees this process as illusory, bypassing the scale of technological development and possible \"digital\" problems. Increasingly, the work process is moving into cyberspace. This trend has created the conditions for the successful development of digital work platforms. Participants in labor relations in Ukraine need to update the mechanisms of protection against information threats related to the digitalization of activities, as well as the modernization of protection of labor rights of employees. In order to create appropriate working conditions, employers must control the work of workers, but in ways that do not violate their fundamental rights and freedoms.\u0000\u0000Conclusions. The obligation to ensure privacy must be exercised through a single national regulatory framework. Public authorities are authorized to ensure non-interference in the private life of subjects of labor law. It is necessary to establish mechanisms to protect labor relations participants from information threats at the level of a single mandatory legal act and regulate the status of digital labor platforms to protect intellectual property rights, guarantee payment for work performed, prevent the spread of shadow employment.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84412588","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}
Pub Date : 2021-12-27DOI: 10.26565/2075-1834-2021-32-07
Andriy Pavlovych Lazarev
Introduction. The article considers the requirements for conducting investigative (search) actions in criminal proceedings, which include the definition of theoretical provisions, which can be described as follows: the conditions for conducting investigative (search) actions include the presence of a participant in the process who has procedural powers to conduct criminal proceedings against the suspect at the stage of pre-trial investigation; procedural grounds for conducting investigative (search) actions that indicate a suspect who has committed a criminal offense; venue under the current CPC of Ukraine; the procedure for conducting pre-trial proceedings on the basis of reasonable terms of pre-trial investigation, which includes drawing up and executing a resolution on conducting procedural, investigative (search) action, procedural form of recording the results of conducting investigative (search) action with a protocol; determination of procedural rights and responsibilities of participants in the investigative (search) action; cognitive techniques and methods of investigative (search) actions; guarantees of participation of the parties, participants of criminal proceedings during establishment of circumstances of a criminal offense. Summary of the main research results. It is proposed to define the concept of the criminal process of Ukraine as its construction based on institutions, which determine the application of the rules governing the substantive provisions of the procedure and procedural consolidation of the fact of a criminal offense. Conclusions. The author's definition of the mechanism of conducting investigative (search) actions in criminal proceedings is given as factual and legal grounds for applying the procedure of conducting investigative actions in dynamics, combined with the requirements of criminal procedure legislation and recommendations of forensic tactics. Ways to improve the current legislation of Ukraine are proposed.
{"title":"PROCEDURAL REQUIREMENTS FOR THE MECHANISM OF INVESTIGATIVE (SEARCH) ACTION","authors":"Andriy Pavlovych Lazarev","doi":"10.26565/2075-1834-2021-32-07","DOIUrl":"https://doi.org/10.26565/2075-1834-2021-32-07","url":null,"abstract":"Introduction. The article considers the requirements for conducting investigative (search) actions in criminal proceedings, which include the definition of theoretical provisions, which can be described as follows: the conditions for conducting investigative (search) actions include the presence of a participant in the process who has procedural powers to conduct criminal proceedings against the suspect at the stage of pre-trial investigation; procedural grounds for conducting investigative (search) actions that indicate a suspect who has committed a criminal offense; venue under the current CPC of Ukraine; the procedure for conducting pre-trial proceedings on the basis of reasonable terms of pre-trial investigation, which includes drawing up and executing a resolution on conducting procedural, investigative (search) action, procedural form of recording the results of conducting investigative (search) action with a protocol; determination of procedural rights and responsibilities of participants in the investigative (search) action; cognitive techniques and methods of investigative (search) actions; guarantees of participation of the parties, participants of criminal proceedings during establishment of circumstances of a criminal offense.\u0000\u0000Summary of the main research results. It is proposed to define the concept of the criminal process of Ukraine as its construction based on institutions, which determine the application of the rules governing the substantive provisions of the procedure and procedural consolidation of the fact of a criminal offense.\u0000\u0000Conclusions. The author's definition of the mechanism of conducting investigative (search) actions in criminal proceedings is given as factual and legal grounds for applying the procedure of conducting investigative actions in dynamics, combined with the requirements of criminal procedure legislation and recommendations of forensic tactics. Ways to improve the current legislation of Ukraine are proposed.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89854116","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}
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