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European human rights standards 欧洲人权标准
Q3 Social Sciences Pub Date : 2022-01-01 DOI: 10.32914/i.55.1-2.3
O. Barabash, Kateryna Dobkina, S. Senyk, Yevgeniya Klyuyeva, Alina S. Martiuk
Given the need to bring Ukrainian law in line with the norms and principles of international law, it is important to study European legal experience and European legal doctrine. The purpose of the article is to study the current problems of using the legal positions of the ECtHR in the decisions of Ukrainian courts. The study found that despite the legal consolidation of the status of ECtHR decisions as a source of law in Ukraine, the reasons that hinder the proper application of ECtHR practice are the lack of a systematic and well-established methodology for motivating court decisions using effective interpretative interpretation of ECtHR on specific decisions.The need to develop practical recommendations and methods of direct use of the practice of the Strasbourg court in the decisions of Ukrainian courts is pointed out. The methodological basis of the study is a dialectical method of cognition, which allows to explore problems in the unity of their social content and legal form, logical-semantic method, method of synthesis, system-structural method, sociological and statistical method and others. The practical significance of the obtained results is determined by the ability to increase the role of ECtHR decisions in ensuring human and civil rights in a democratic society.
鉴于需要使乌克兰法律符合国际法的规范和原则,重要的是要研究欧洲的法律经验和欧洲的法律学说。本文的目的是研究目前在乌克兰法院的判决中使用欧洲人权法院法律立场的问题。研究发现,尽管欧洲人权法院判决在乌克兰作为法律渊源的地位在法律上得到了巩固,但阻碍欧洲人权法院实践的适当适用的原因是缺乏一种系统和完善的方法,无法利用对欧洲人权法院对具体判决的有效解释性解释来推动法院作出判决。有人指出,有必要制定切实可行的建议和方法,以便在乌克兰法院的判决中直接使用斯特拉斯堡法院的做法。研究的方法论基础是辩证的认识法,从社会内容和法律形式的统一出发,运用逻辑语义方法、综合方法、系统结构方法、社会学和统计学方法等对问题进行探讨。所取得成果的实际意义取决于能否加强欧洲人权委员会的决定在确保民主社会中的人权和公民权利方面的作用。
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引用次数: 0
Current state and trends in the development oflegislation to prevent corruption 预防腐败立法的现状和发展趋势
Q3 Social Sciences Pub Date : 2022-01-01 DOI: 10.32914/i.55.1-2.9
B. Holovkin, M. Melnyk, Viktor M. Trepak
The purpose of the study is to provide theoretical and legal and comparative legal analysis of the es-sence, content, modern trends and features of anti-corruption legislation, develop proposals for improving Ukrainian anti-corruption legislation. In the process of solving research problems, general scientific methods of cognition were used, in particular: analysis, synthesis, comparison, analogy, deduction, induction, abstraction; as well as special methods: comparative legal, legal-sociological, formal-legal, systematic method and the method of structural-functional analysis etc. The analysis of criminal law norms shows that the main trends in the modernization of the criminal legislation of Ukraine on re-sponsibility for crimes of corruption in general have a positive trend. At the same time, the criminal-legal impact on public relations associated with the commission of socially dangerous acts of a corrupt nature needs further improvement in order to prevent and timely suppress corruption crimes. In Ukraine, there are parallel systems of administrative and criminal liability for corruption-related offenses, which often leads to duplication and generally weakens the effectiveness of anti-corruption measures. In addition, the general anti-corruption laws adopted in Ukraine give the impression of a solid legal basis, but they are often inactive, since their provisions are not supported by sound law enforcement practice. Also, the anti-corruption experience of the proposed countries, such as Sweden, Finland, Germany and France really looks like a certain benchmark to which every country, including Ukraine, should strive and take example from them.
本研究的目的是对乌克兰反腐败立法的涵义、内容、现代趋势和特点进行理论和法律上的比较分析,提出完善乌克兰反腐败立法的建议。在解决研究问题的过程中,使用了一般的科学认知方法,特别是:分析、综合、比较、类比、演绎、归纳、抽象;以及特殊的方法:比较法、法社会学、形式法、系统法、结构功能分析法等。对刑法规范的分析表明,乌克兰腐败犯罪责任刑事立法现代化的主要趋势总体上具有积极的趋势。同时,为了预防和及时打击腐败犯罪,需要进一步完善与腐败性质的社会危险行为有关的公共关系的刑事法律影响。在乌克兰,与腐败有关的罪行有平行的行政和刑事责任制度,这往往导致重复,并普遍削弱了反腐败措施的效力。此外,乌克兰通过的一般反腐败法给人一种坚实的法律基础的印象,但它们往往是无效的,因为它们的规定没有得到健全的执法实践的支持。此外,瑞典、芬兰、德国和法国等国家的反腐败经验确实是一个标杆,包括乌克兰在内的每个国家都应该努力学习和效仿。
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引用次数: 0
The experience of european countries regarding theeffective functioning of local governance 欧洲国家关于地方治理有效运作的经验
Q3 Social Sciences Pub Date : 2022-01-01 DOI: 10.32914/i.55.1-2.10
A. Blahodarnyi, O. Barabash, A. Honcharov, M. Honcharov, V. Shatilo
The experience of European democracies has great significance in building local governance, given its effectiveness, efficiency, and productivity. Local governance touches upon essential civil problems concerning the life of every person in a particular territory. This intensifies the need to search for an optimal model of local governance today. The purpose of the article is to examine the legal regulation of local governance in European countries. The article also aims to clarify the historical aspects of the local government development and comprehensively study the impact of European standards in this area on regional policy. The authors used the scientific method to identify the theoretical basis of the study. An analysis and synthesis were applied for the discussion section to find a common notion and opinion on the study of local government systems. The main method used in the article is the comparison method that allowed us to compare two local government systems and, as a result, find out an optimal one. The same method has been used to determine the factors that influence regional policy. The results obtained are necessary for the further development of local government systems, their improvement, and modernization at the legal and political levels.
鉴于地方治理的有效性、效率和生产力,欧洲民主国家的经验对建立地方治理具有重要意义。地方治理涉及到与某一特定领土上每个人的生活有关的基本民事问题。这就加强了当今寻找最佳地方治理模式的必要性。本文的目的是考察欧洲国家对地方治理的法律规制。本文还旨在澄清地方政府发展的历史方面,并全面研究这一领域的欧洲标准对区域政策的影响。作者运用科学的方法确定了研究的理论基础。讨论部分采用分析和综合的方法,寻求对地方政府体制研究的共同观念和意见。本文采用的主要方法是比较法,通过对两种地方政府体制进行比较,找出最优的政府体制。同样的方法也被用来确定影响区域政策的因素。所取得的成果对于地方政府制度的进一步发展、完善以及法律和政治层面的现代化都是必要的。
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引用次数: 0
Criminal liability for corruption offenses 贪污犯罪的刑事责任
Q3 Social Sciences Pub Date : 2022-01-01 DOI: 10.32914/i.55.1-2.7
Sofiia Lykhova, T. Lysko, O. Kosilova, O. Kyrychenko, O. Shamara
Combating corruption offenses is one of the priorities of public policy not only in Ukraine but also in many foreign countries. The object of the study is the criminal law measures to combat and resistance corruption in Ukraine and some foreign countries. In carrying out this research, a comparative legal method is widely used. This method allows for a two-level analysis (empirical and theoretical) of legal systems of Ukraine and some foreign countries in terms of combating corruption by criminal law means. It also allows identify regularities of development of the criminal legislation of several countries and to establish correlation with the international standards of counteraction and prevention of a corruption criminal offense. During the conducted research it is revealed some disadvantages and advantages of Ukrainian legislation in terms of criminal law supply of effective means of preventing and combating corruption in Ukraine, it is found that modern criminal law of Ukraine meets international standards of anti-corruption policy generally, but there are some disadvantages in terms of unambiguous understanding of the elements of compositions of criminal corruption offenses, definition of terminological features, lack of a single conceptual approach within the legislative regulations at the level of criminal law and legislation.
打击腐败犯罪不仅在乌克兰,而且在许多国家都是公共政策的优先事项之一。本文的研究对象是乌克兰和国外一些国家打击和抵制腐败的刑法措施。在进行这一研究时,广泛使用了比较法方法。这种方法允许对乌克兰和一些外国的法律制度在通过刑法手段打击腐败方面进行两级分析(经验和理论)。它还可以识别几个国家刑事立法发展的规律,并与反腐败和预防腐败刑事犯罪的国际标准建立联系。在研究过程中,揭示了乌克兰立法在刑法提供预防和打击腐败的有效手段方面的不足和优势,发现乌克兰现代刑法总体上符合反腐败政策的国际标准,但在对刑事腐败犯罪构成要件的明确理解、术语特征的界定、法律制度的完善等方面存在不足。在刑法和立法层面的立法条例中缺乏单一的概念方法。
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引用次数: 0
Social constructionism and the effects of media's portrayal of Nigeria's economic recession on foreign direct investment 社会建构主义与媒体对奈及利亚经济衰退的描述对外国直接投资的影响
Q3 Social Sciences Pub Date : 2021-08-30 DOI: 10.32914/i.54.3-4.7
B. Ehondor, A. Edosomwan
Although Nigeria has the largest economy in Africa, it has been bedeviled by various issues in recent times, which has led to its experience of an economic recession. Its over-dependence on foreign products, the activities of militants and pipeline vandals in the Niger-Delta, poor economic planning and the delayed budget signing are some of the issues that have being credited to the fall into recession. However, some economists have suggested that Nigeria’s economy has the potential to rise from the recession and have identified the inflow of foreign direct investments as one of the key factors that will contribute to the rise. On the other hand, the media’s reporting of Nigeria’s recession seems to have caused mixed reactions from among the public who worry about their daily bread. Potential investors, both local and foreign, are also not left out in the expression of uncertainty. Since they rely on the media to provide information on the situation of the Nigerian economy, the power of the media in the making or marring of the government’s encouragement of FDI to boost the economycannot be underestimated. The power of the media, which appears to be able to determine or construct the position and perception of individuals/organisation follow it can be relat-ed to the theory of social constructionism. So-cial constructionism suggests that the media’s have the capacity to selectively reproduce and construct the reality of any situation – in this case, Nigeria’s recession. However, it also acknowledges that the meanings offered by the media can be negotiated or rejected by those to whom it is directed. This study explores the capacity of the media’s construction of Nigeria’s economic recession to influence the inflow of foreign direct investments.
尼日利亚虽然是非洲最大的经济体,但最近一直受到各种问题的困扰,导致其经历经济衰退。尼日利亚对外国产品的过度依赖、武装分子的活动以及尼日尔三角洲地区的输油管道破坏者、糟糕的经济规划以及预算签署的推迟,都被认为是导致该国陷入衰退的一些问题。然而,一些经济学家认为,尼日利亚的经济有可能从衰退中复苏,并将外国直接投资的流入确定为推动经济复苏的关键因素之一。另一方面,媒体对尼日利亚经济衰退的报道似乎在担心日常生计的公众中引起了不同的反应。潜在的本地和外国投资者也没有被排除在不确定性的表达之外。由于他们依靠媒体来提供有关尼日利亚经济状况的信息,媒体在制定或破坏政府鼓励外国直接投资以促进经济方面的力量不容低估。媒体的力量似乎能够决定或建构个人/组织遵循它的立场和看法,这与社会建构主义理论有关。社会建构主义认为,媒体有能力选择性地再现和建构任何情况的现实——在这种情况下,就是尼日利亚的经济衰退。但是,它也承认,传播媒介所提供的意义可以由它所针对的对象协商或拒绝。本研究探讨媒体对尼日利亚经济衰退的建构对外国直接投资流入的影响。
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引用次数: 0
Life and academic activities of professors emeriti and retired professors on University of Maribor 马里博尔大学名誉教授和退休教授的生活和学术活动
Q3 Social Sciences Pub Date : 2021-08-30 DOI: 10.32914/i.54.3-4.4
D. Mičetić-Turk, M. Pogačar, Z. Turk
Higher education lecturers go through a long developmental path from graduate students to academic title of professor. On this path, the mostdelicate period is the retirement. The age of 60 or 65, which is approximately the same as the retirement age in most developed countries, is supposed to be the onset of old age. Today, when we live longer and healthier, irreparable damage would occur if society and the state didn’t take advantage of the knowledge, wisdom and skills that senior professors have accumulated throughout their careers. The vast majority of senior professors could still contribute and participate in the development of society. In our article, we presented the results of asurvey regarding the academic and life activities of senior professors,members of the Center for Retired and Distinguished higher education teachers of the University of Maribor. The results showed that the vast majority of retired and professors emeriti were still active in academiclife and contributed to the development and functioning of the University.
高等教育讲师经历了从研究生到教授的漫长发展历程。在这条道路上,最微妙的时期是退休。60岁或65岁,与大多数发达国家的退休年龄大致相同,被认为是老年的开始。今天,当我们活得更长、更健康的时候,如果社会和国家不利用高级教授在他们的职业生涯中积累的知识、智慧和技能,将会发生不可弥补的损害。绝大多数高级教授仍然可以为社会的发展做出贡献和参与。在我们的文章中,我们介绍了一项关于马里博尔大学退休和杰出高等教育教师中心资深教授的学术和生活活动的调查结果。结果显示,绝大多数退休教授和名誉教授仍然活跃在学术生活中,为大学的发展和运作做出了贡献。
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引用次数: 0
The impact of information management in developing new products in bank – an empirical analysis 信息管理对银行新产品开发的影响——一个实证分析
Q3 Social Sciences Pub Date : 2021-08-30 DOI: 10.32914/i.54.3-4.6
Z. Najdanović, Natalia Tutek
Successful information management is big challenge for any organization.In this paper the emphasis is on information management in new product development in bank. Under strong pressure from competition and new technological changes, as well as the turbulent changes in the environment, financial institutions must continuously develop new products and services. In order to make the services more interesting tothe users, it is necessary to collect data about the users, their wishes and preferences. The data should then be converted into useful information that will result with developing the right product or service that users will recognize as necessary. Products become personalized, user-friendly, and the emphasis is on the importance of long-term company relationships with customers. Only with well-organizedinformation, managers can make the right business decisions and companies can react in time to market changes. When creating their strategy, successful companies analyze and identify elements that significantly contribute to creating a competitive advantage and ensuring long-term growth and development. The paper presents an empirical research of customer preferences which lead to new product development in bank.
成功的信息管理对任何组织来说都是一个巨大的挑战。本文的研究重点是银行新产品开发中的信息管理。面对强大的竞争压力和新技术变革,以及环境的剧烈变化,金融机构必须不断开发新的产品和服务。为了让用户对服务更感兴趣,有必要收集有关用户的数据,他们的愿望和偏好。然后将数据转换为有用的信息,从而开发出用户认为必要的正确产品或服务。产品变得个性化,用户友好,重点是公司与客户的长期关系的重要性。只有掌握了组织良好的信息,管理者才能做出正确的商业决策,公司才能及时对市场变化做出反应。在制定战略时,成功的公司会分析和确定对创造竞争优势和确保长期增长和发展有重要贡献的因素。本文对银行客户偏好对新产品开发的影响进行了实证研究。
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引用次数: 0
On the differences betweenthe language and style of Czech and Czech-american periodicals in the mid-19thcentury 论19世纪中期捷克和捷克裔美国期刊的语言和风格差异
Q3 Social Sciences Pub Date : 2021-08-30 DOI: 10.32914/i.54.3-4.1
A. Jaklová
The paper deals with the language and style of major Czech and Czech-American periodicals published in the mid-19th century. Czech periodicals of the time are represented by the papers Pražský Posel and Národní Nowiny; the Czech-American ones include the weeklies Slowan Amerikánský and Národní Noviny. The language and style of both of these types of papers are analysed in order to identify the similarities and differences, with citations illustrating the phenomena explored. In thisway, the research aims to show which aspects of the “stylistic norm” change first and most strikingly in a different language and national environment.
本文研究了19世纪中期出版的捷克和捷克裔美国人主要期刊的语言和风格。代表当时捷克期刊的论文有Pražský Posel和Národní Nowiny;捷克裔美国人包括周刊Slowan Amerikánský和Národní Noviny。这两种类型的论文的语言和风格进行了分析,以确定异同,并引用说明所探讨的现象。通过这种方式,本研究旨在表明在不同的语言和民族环境中,“文体规范”的哪些方面发生了最显著的变化。
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引用次数: 0
The impact of credibility of influencers recommendations on social media on consumers behavior towards brands 网红在社交媒体上推荐的可信度对消费者对品牌行为的影响
Q3 Social Sciences Pub Date : 2021-08-30 DOI: 10.32914/i.54.3-4.5
P. Kwiatek, Radoslav Baltezarević, Stavros Papakonstantinidis
Companies are becoming increasingly aware of the importance and opportunities provided by social media in order to communicate faster and more efficiently with their consumers. In order to convey the message about the value of their brands to their target market, organizations hire influential people who are considered to be the creators of public opinion in a virtual environment. Nowadays, social media are crowded with micro and macro influencers, or at least those who present themselves as such. Their main job is to represent and recommend brands to other users (their followers) and thus influence consumer attitudes about brands and possibly strengthen their purchasingdecisions. Very often, influencers on social media are hired by companies to promote their brands for a fee. In order to have more control over their communication activities, companies provide them, in advance, with the content they want to be conveyed to consumers, but also the time frame when the message should be launched. In this way, organizations try to reduce the risk of turning electronic word-of-mouth(EWOM) communication into a negative one. In order for consumers to trust the recommendations of influencers on social media, these people need to have significant expertise in a certain area, charisma and respect from other users, so that their credibility affects the value ofcontent and recommendations they place in the online environment. The aim of this paper is to present the attitudes of respondents who use social media websites about the impact of the credibility of influencers' recommendations on social media, and their opinion on whether and in what way their credibility influences consumer attitudes towards brands.
公司越来越意识到社交媒体的重要性和提供的机会,以便更快、更高效地与消费者沟通。为了向目标市场传达品牌价值的信息,组织会雇佣有影响力的人,他们被认为是虚拟环境中舆论的创造者。如今,社交媒体上充斥着微观和宏观的影响者,或者至少是那些表现自己的人。他们的主要工作是向其他用户(他们的追随者)代表和推荐品牌,从而影响消费者对品牌的态度,并可能加强他们的购买决策。很多时候,社交媒体上的有影响力的人会被公司雇佣来有偿推广他们的品牌。为了更好地控制他们的沟通活动,公司提前向他们提供他们想要传达给消费者的内容,以及信息发布的时间框架。通过这种方式,组织试图降低将电子口碑传播转化为负面传播的风险。为了让消费者信任社交媒体上有影响力的人的推荐,这些人需要在某个领域拥有重要的专业知识、魅力和其他用户的尊重,这样他们的可信度就会影响他们在网络环境中的内容和推荐的价值。本文的目的是介绍使用社交媒体网站的受访者对影响者在社交媒体上推荐的可信度的影响的态度,以及他们对可信度是否以及以何种方式影响消费者对品牌的态度的看法。
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引用次数: 9
Crisis of meaning in connection with mental distress of a modern man 意义危机与现代人的精神困境
Q3 Social Sciences Pub Date : 2021-08-30 DOI: 10.32914/i.54.3-4.3
Sebastjan Kristovič
In contrast with the contemporary spirit, which directs a person towardstheir own needs, satisfactions, and desires, logotherapy views the person and its life as an assignment. Man is not an individual "for himself" (according to Freud, the main internal motivational force is "the will of pleasure" and "the will of power" according to Adler), but abeing of sense or a being for someone or something. According to Frankl, the purpose is defined as tasks, which life sets us in a precisemoment and in a precise situation. These are tasks requiring a responsible reaction and a specific realisation of values. Each of them is unique. Each individual is responsible for a task, and only he can respond to it in a responsible man-ner. In this sense, life can be seen as a chain, whose links are the tasks themselves. Each in-dividual is unique, with a unique goal in life, which consists of individual, equally unique tasks. The centre of logotherapy is future - tasks and meanings. The founder of logotherapy is Viktor E. Frankl, who was a doctor of medicine and doctor of philosophy, and a professor of neurology and psychiatry at the University of Vienna. The third psychotherapeutic school in Vienna - logotherapy - is based on a holistic approach to an individual, which means that it analyses a person on a physical, mental, and spiritual level. Spiritual dimension is, among others, a place of realisation of responsibility and freedom or space of realisation of actual possibilities and tasks. Existential crisis, exis-tential vacuum, and noogenic neuroses are issues and mentalproblems, which originate from the spiritual dimension. This means failing to perceive and failing in life as an assignment. The empirical part of the research, which is based on the psychometric instrument LOGO-test, performed on two hundred re-spondents, gave us the results that even 24 percent of respondents are in various mental distresses andseriously existentially endangered. The paper highlights the most problematic areas and causes for such mental distress. The COVID-19 pandemic only deepened and revealed this crisis of meaning.
与引导一个人去追求自己的需求、满足和欲望的当代精神相反,语源疗法将人及其生活视为一种任务。人不是一个“为自己”的个体(根据弗洛伊德的说法,主要的内在动机是“快乐的意志”和“权力的意志”,根据阿德勒的说法),而是一种为某人或某事而存在的感觉。根据弗兰克尔的说法,目的被定义为任务,生活将我们置于一个精确的环境中。这些任务需要负责任的反应和具体的价值实现。每一个都是独一无二的。每个人都要对一项任务负责,只有他才能以负责任的态度来应对。从这个意义上说,生活可以被视为一条链条,其链接就是任务本身。每个人都是独一无二的,都有一个独特的人生目标,这个目标由个人同样独特的任务组成。语源疗法的中心是未来的任务和意义。标识疗法的创始人是Viktor E.Frankl,他是维也纳大学的医学博士和哲学博士,也是神经病学和精神病学教授。维也纳的第三所心理治疗师学校——logotherapy——基于对个人的整体方法,这意味着它从身体、心理和精神层面分析一个人。精神维度是实现责任和自由的地方,或者是实现实际可能性和任务的空间。存在的危机、存在的精神真空和神经源性神经症是问题和心理问题,它们源于精神维度。这意味着没有将生活视为一项任务,也就是说在生活中失败了。该研究的实证部分基于心理测量工具LOGO测试,对200名受访者进行了测试,结果显示,甚至24%的受访者处于各种精神痛苦和严重的生存危险之中。这篇论文强调了造成这种精神痛苦的最有问题的领域和原因。新冠肺炎大流行只会加深和揭示这场意义危机。
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引用次数: 1
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Informatologia
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