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Notarial practice of will declaration in civil transactions in the countries of the European Union 欧盟国家民事交易中遗嘱声明的公证实务
IF 0.7 Pub Date : 2023-03-06 DOI: 10.46398/cuestpol.4176.04
O. Khorosheniuk, V. Savchenko, O. Andrukhiv, Anatoliy Babichev, V. Bortniak
The aim of the article was to consider the peculiarities of the notarial practice of declaring will in civil transactions in the countries of the European Union EU, in view of the further adaptation of positive practices in Ukraine. The main methodological tools used in the research were the methods of observation and comparison. The conducted research showed that the European Regulation regulating the matter established the legal basis for the use of electronic trust services in notarial practice. The use of qualified electronic signatures and seals, electronic time stamps and authentication in this area gives confidence in a higher level of document security. The use of electronic ID and electronic trust services also simplifies time-consuming formalities in notarial practice. It was found that integrated video conferencing systems, business process workflows and electronic legal signature systems are becoming mandatory components of the digitization of notarial practice. Gaya, a European program for electronic identification, can be an example for the implementation of conditions for the current notarial practice of declaration of will in civil transactions in Ukraine.
该条的目的是考虑到欧洲联盟-欧盟国家在民事交易中宣布遗嘱的公证做法的特殊性,因为乌克兰的积极做法得到了进一步调整。研究中使用的主要方法工具是观察和比较方法。所进行的研究表明,规范该事项的《欧洲条例》为在公证实践中使用电子信托服务奠定了法律基础。在这一领域使用合格的电子签名和印章、电子时间戳和认证,使人们有信心提高文件安全水平。电子身份证和电子信托服务的使用也简化了公证实践中耗时的手续。研究发现,集成视频会议系统、业务流程工作流和电子法律签名系统正在成为公证业务数字化的强制性组成部分。Gaya是欧洲的一个电子身份识别项目,可以作为实施乌克兰民事交易中当前遗嘱声明公证实践条件的一个例子。
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引用次数: 0
On the issue of historical origins and civilizational preconditions of the Russian-Ukrainian war of 2014-2022: attempts of scientific reflection 2014-2022年俄乌战争的历史渊源与文明前提问题:科学反思的尝试
IF 0.7 Pub Date : 2023-03-06 DOI: 10.46398/cuestpol.4176.44
The aim of the article was to determine the current state of the ideological basis of the Russian-Ukrainian war of 2014-2022. The purpose was to achieve a scientific reflection on the historical and civilizational foundations of the Russian-Ukrainian war of 2014-2022, with a key focus on the distorted facts of the past. The presentation of the research results is carried out on the basis of the chronological method. The main sources of the work are written historical evidence (Hypatian Chronicle and Chronicle of Thietmar of Merseburg, etc.). In addition, the problem of the main historical and political origins of the divergence between the Ukrainian and Russian peoples, the features of the formation of Asiatic-type despotism in Russia and the problem of Eurocentricity of Ukrainian territories over the centuries were considered. In conclusion, it is summarized that the simplified schemes of interpretation of the history of Ukrainian and Russian peoples became the main feature for the Russian, anti-Ukrainian propaganda in the period of 2014-2022. On the basis of distortion of historical facts and financial opportunities poured into the information sphere, the old Soviet and imperial myths are actively replicated in Russia.
这篇文章的目的是确定2014-2022年俄乌战争的意识形态基础的现状。其目的是对2014-2022年俄乌战争的历史和文明基础进行科学反思,重点关注过去被扭曲的事实。研究成果的呈现是按照时间顺序进行的。作品的主要来源是书面的历史证据(希帕提亚编年史和梅尔塞堡的蒂马尔编年史等)。此外,还考虑了乌克兰和俄罗斯人民之间分歧的主要历史和政治根源问题,俄罗斯亚洲式专制制度形成的特点以及几个世纪以来乌克兰领土的欧洲中心问题。综上所述,对乌克兰和俄罗斯民族历史的简化解释方案成为2014-2022年期间俄罗斯反乌克兰宣传的主要特征。在对历史事实的歪曲和信息领域大量涌入的金融机会的基础上,旧的苏联和帝国神话在俄罗斯被积极复制。
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引用次数: 0
Missions of the Russian Orthodox Church as a Tool of Diplomacy: from History to the Present 俄罗斯东正教作为外交工具的使命:从历史到现在
IF 0.7 Pub Date : 2023-03-06 DOI: 10.46398/cuestpol.4176.05
Oleksandr Trygub, O. Osypenko, Mykhailo Fedorenko, O. Konotopenko
The aim of the article was to determine the role of the missionary activity of the Russian Orthodox Church in the context of its historical-political development. The methodological basis of the study meant a comprehensive interdisciplinary approach using systemic, civilizational, historical-chronological and structural-functional methods, as well as the method of comparative analysis and institutional approach. The results obtained allow us to conclude that, in the modern world, the Russian Orthodox Church has been noted for its active participation in missionary activity, which has also set itself the goal of spreading the ideas of the ‘Slavic’ or ‘Russian world’ among the peoples of Asia and Africa. The spiritual values preached through the missionary work of the Russian Orthodox Church, taking into account its contribution to the Russian state and culture, are gradually becoming the basis for popularizing the Russian national idea, which is dialectically positioning itself as the main civilizational vector of the international policies of the Russian Federation. Thus, the Russian Orthodox Church has a rather strong influence on the formation of the image of the Russian Federation in the eyes of the world community, this is so, in part, due to its spiritual missions.
这篇文章的目的是确定俄罗斯东正教会的传教活动在其历史-政治发展的背景下的作用。本研究的方法论基础是采用系统、文明、历史-时间顺序和结构-功能方法的综合跨学科方法,以及比较分析方法和制度方法。所取得的结果使我们可以得出这样的结论:在现代世界,俄罗斯东正教会以积极参与传教活动而闻名,传教活动也为自己设定了在亚洲和非洲人民中传播“斯拉夫”或“俄罗斯世界”思想的目标。考虑到俄罗斯东正教会对俄罗斯国家和文化的贡献,通过其传教工作所宣讲的精神价值正逐渐成为普及俄罗斯民族思想的基础,而俄罗斯民族思想正辩证地将自己定位为俄罗斯联邦国际政策的主要文明载体。因此,俄罗斯东正教会对俄罗斯联邦在国际社会眼中形象的形成具有相当强的影响,这部分是由于其精神使命。
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引用次数: 0
Customs Policy as a Tool for Developing Ukraine’s Export Potential 海关政策是开发乌克兰出口潜力的工具
IF 0.7 Pub Date : 2023-03-06 DOI: 10.46398/cuestpol.4176.32
Olha Todorova, Olena Sydorovych, Inna Gutsul, P. Herasymiuk, K. Krysovata
The purpose of the article was to study the elements of the legal regulatory mechanism in the field of customs policy and its impact on the development of export potential, to clarify the essence of export potential and to study effective financial and non-financial measures to support exports. The research methods used were: monographic analysis, analysis and synthesis, systemic, comparative and legal, generalization and forecasting methods. The need to develop effective measures aimed at the development of export potential has been substantiated. It has been shown that the rapid reorientation of Ukrainian exporters to Western markets is possible only in terms of establishing an effective customs policy and well-chosen financial measures of export support. It is concluded that improvement of customs policy tools and implementation of European law standards into the national legal system are the only possible ways to develop Ukraine's export potential and increase overall exports. It is emphasized that the formation of modern customs policy of Ukraine should be based on modernization, attraction of investments and integration of information technologies.
这篇文章的目的是研究海关政策领域的法律监管机制的要素及其对发展出口潜力的影响,澄清出口潜力的本质,并研究支持出口的有效金融和非金融措施。所采用的研究方法有:专题分析法、分析综合法、系统法、比较法、归纳法和预测法。制定旨在发展出口潜力的有效措施的必要性已得到证实。事实表明,只有制定有效的海关政策和精心选择的出口支持金融措施,乌克兰出口商才能迅速转向西方市场。结论是,改进海关政策工具和将欧洲法律标准纳入国家法律体系是开发乌克兰出口潜力和增加整体出口的唯一可能途径。强调乌克兰现代海关政策的形成应以现代化、吸引投资和整合信息技术为基础。
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引用次数: 0
Usurpation of power under current conditions: political and legal concept 当前条件下的篡权:政治和法律概念
IF 0.7 Pub Date : 2023-03-06 DOI: 10.46398/cuestpol.4176.20
Petro Vorobey, Valerii Matviichuk, Inna Khar, Volodymyr Vilgushynskiy, Alexander Felyk
The purpose of the research was to determine the approaches to understand the emergence of the concept of “usurpation of power”. Accordingly, its political and legal nature as a phenomenon is analyzed and the investigation of its influence on the branches of public power is carried out. In addition, the current discussion is examined and the views of some scientists on this issue are criticized and, at the same time, relevant proposals are made. The methodological basis of the research was constituted by the comparative-legal and systemic analysis, the formal-legal method, the hermeneutic method and the methods of analysis and synthesis. As a conclusion it has been established that the development of the rule of law and civil society in Ukraine requires, first of all, ontological integration of the modern and current concept of the rule of law in public institutions and society, along with the observance of legal norms in all spheres of public life and; especially, it demands the prevention of conditions that determine the usurpation of power by civil society, judicial and law enforcement bodies to prevent signs of usurpation of power in public authorities.
研究的目的是确定理解“篡权”概念出现的方法。因此,分析了其作为一种现象的政治和法律性质,并对其对公共权力部门的影响进行了调查。此外,还对目前的讨论进行了审查,批评了一些科学家对这一问题的看法,并提出了相关建议。研究的方法论基础是比较法学与系统分析法、形式法学方法、解释学方法和分析综合法。结论是,乌克兰法治和民间社会的发展首先需要将现代和当前的法治概念本体论地纳入公共机构和社会,同时在公共生活的各个领域遵守法律规范;特别是,它要求防止民间社会、司法和执法机构篡夺权力的条件,以防止公共当局出现篡权迹象。
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引用次数: 0
Fighting crime through crime analysis: The experience of using innovative technologies in European Union countries 通过犯罪分析打击犯罪:欧盟国家使用创新技术的经验
IF 0.7 Pub Date : 2023-03-06 DOI: 10.46398/cuestpol.4176.16
O. Kalynovskyi, V. Shemchuk, M. Huzela, O. Predmestnikov, H. Zharovska
The aim of this article was to study innovative technologies and tools in the context of the introduction of crime analysis tools used in the countries of the European Union EU, to the Ukrainian practice. The research involved the following methods: statistical analysis, induction and deduction, classification and comparison. The study described the legally enshrined powers of the Ukrainian police with respect to information and analytical activities. Current trends in the number of criminal offenses committed in Ukraine under separate articles were determined, and these trends were compared before and after the adoption of the Law of Ukraine “On National Police”. The introduction of the latest means of criminal analysis into Ukrainian practice was also studied. The conclusions established that the technologies used by EU countries can increase the effectiveness of law enforcement agencies in Ukraine, provided that certain adaptation measures are implemented. Moreover, the results obtained during the research can be used by law enforcement agencies to improve and optimize crime analysis.
本文的目的是研究创新技术和工具,将欧洲联盟-欧盟国家使用的犯罪分析工具引入乌克兰的实践。研究方法包括:统计分析法、归纳演绎法、分类比较法。该研究报告描述了乌克兰警方在信息和分析活动方面的法定权力。根据单独的条款确定了乌克兰刑事犯罪数量的当前趋势,并对乌克兰“国家警察法”通过前后的这些趋势进行了比较。还研究了将最新的犯罪分析手段引入乌克兰实践的问题。结论确定,欧盟国家使用的技术可以提高乌克兰执法机构的效力,前提是实施某些适应措施。此外,研究过程中获得的结果可供执法机构用于改进和优化犯罪分析。
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引用次数: 1
Manipulation as an element of the political process in social networks 操纵是社交网络中政治过程的一个要素
IF 0.7 Pub Date : 2023-03-06 DOI: 10.46398/cuestpol.4176.45
Nataliia Likarchuk, Zoriana Velychko, O. Andrieieva, Raisa Lenda, H. Vusyk
The relevance of the research comes from the extent of the influence of information and communication technologies in socially significant areas, where the manipulation of public consciousness, in the Internet space, particularly in social networks, is an obvious phenomenon. The aim of the study was to discuss the opinion that the main driving factor in the use of social networks, as a proven platform for the manipulation of public consciousness, has been increased by social restrictions on personal contacts caused by the COVID-19 pandemic. General and special research methods were employed to achieve the stated objective. It is concluded that, despite the obvious advantages of the use of social networks in the political process, the political manipulations that currently exist in the virtual environment are often of a destructive nature and carry hidden symbolic threats to destabilize the life of a given country, as well as to worsen the quality of life of each of its citizens. Most of the time, political manipulations in the virtual environment take place at various stages of the electoral process.
这项研究的相关性来自信息和通信技术对社会重要领域的影响程度,在这些领域,在互联网空间,特别是在社交网络中,对公众意识的操纵是一种明显的现象。该研究的目的是讨论这样一种观点,即社交网络作为操纵公众意识的成熟平台,其使用的主要驱动因素因COVID-19大流行引起的个人接触的社会限制而增加。采用一般和特殊的研究方法来实现既定的目标。结论是,尽管在政治过程中使用社交网络具有明显的优势,但目前存在于虚拟环境中的政治操纵往往具有破坏性,并携带隐藏的象征性威胁,以破坏特定国家的生活稳定,并使每个公民的生活质量恶化。大多数情况下,虚拟环境中的政治操纵发生在选举过程的各个阶段。
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引用次数: 0
Subjects of the Crime in the light of international treaties in wartime (comparative analysis) 战时国际条约下的犯罪主体(比较分析)
IF 0.7 Pub Date : 2023-03-06 DOI: 10.46398/cuestpol.4176.00
Valery Kostyantynovych Matviychuk, Tamara Mykhaylivna Rad, Oksana Olegivna Cherniak, Kostiantyn Mykhailovych Brovchenko, Vasyl Vasylovich Chudnov
The issue of optimizing the mechanism of prosecution of the subjects of the crime in connection with Russia’s war against Ukraine launched in February 2022, as a result of which impunity of war criminals is gaining momentum and leads to violation of legislation, both in Ukraine and in the world, in particular in such countries as: Poland, Germany, Bulgaria, Romania, Moldova, etc. In this regard, the purpose of this editorial is twofold: on the one hand, it seeks to present volume 41, number 76 of “Cuestiones Políticas” and, on the other hand, is to highlight the issue of the subject of the crime, its signs and main features, enshrined in international legal acts. It was concluded that the analysis of international treaties gives grounds to affirm that the subject of the subject of the crime is quite widely disclosed and attention is paid to the separation of the concepts of subjects of international crimes and subjects of crimes of international character; the difference between these concepts is fundamental and very important. Taking into account the attitude of the international community to the concept of the subject of crime, possible areas for improvement of the current legislation are outlined.
优化起诉与俄罗斯对乌克兰战争有关的犯罪主体的机制的问题于2022年2月启动,其结果是,在乌克兰和世界上,特别是在波兰、德国、保加利亚、罗马尼亚、摩尔多瓦等国家,战争罪犯不受惩罚的势头正在增强,并导致违反立法。在这方面,这篇社论的目的是双重的:一方面,它试图提出“问题Políticas”第41卷第76号,另一方面,它是为了突出国际法律行为中所载罪行的主题、其标志和主要特征的问题。会议的结论是,对国际条约的分析使我们有理由肯定,犯罪主体的主体是相当广泛地公开的,并且注意将国际犯罪主体和国际性犯罪主体的概念区分开来;这些概念之间的区别是基本的,也是非常重要的。考虑到国际社会对犯罪主体概念的态度,概述了改进现行立法的可能领域。
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引用次数: 0
Administrative, financial, criminal-legal and theoretical-methodological aspects of regulating social relations in government bodies 在政府机构中调节社会关系的行政、财政、刑事法律和理论方法方面
IF 0.7 Pub Date : 2023-03-06 DOI: 10.46398/cuestpol.4176.29
V. Halunko, N. Maksimentseva, Oleksandr Poltoratskyi, M. Maksimentsev, I. Tsareva
The purpose of the research was to define the theoretical, administrative and civil law aspects of the regulation of social relations. Consequently, the article specifies the means of social regulation, which include components of legal, moral, corporate and customary, etc. type. It has been shown that legal regulation of social relations is defined as an intentional action on the behavior of people and social relations with the help of legal (juridical) means. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. By way of conclusion it has been proved that since the object of legal regulation is presented as social relations, legal regulation is determined by some objective and subjective factors. As contributions, the following factors of social relations have been determined: level of economic development of society; social structure of society; level of maturity and stability of social relations; level of legal culture of citizens; level of certainty of the subject of social relations, means and methods of legal regulation.
本研究的目的是界定社会关系调节的理论、行政和民法方面。因此,该条规定了社会调节的手段,包括法律、道德、公司和习惯等类型的组成部分。研究表明,社会关系的法律调节是指借助法律(司法)手段对人的行为和社会关系采取的有意行为。研究的方法论基础是比较法与系统分析法、形式法、解释法、解释学以及分析与综合法。结论表明,由于法律规制的对象是社会关系,法律规制是由一些客观和主观因素决定的。作为贡献,决定了社会关系的以下因素:社会经济发展水平;社会结构;社会关系的成熟度和稳定性;公民法律文化水平;社会关系主体的确定程度、法律规制的手段和方法。
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引用次数: 0
Application of international standards with a view to ensuring legal and organizational aspects of information protection in specialized information systems 适用国际标准,以确保专门信息系统中信息保护的法律和组织方面
IF 0.7 Pub Date : 2023-03-06 DOI: 10.46398/cuestpol.4176.24
Svіatoslav Senyk, O. Kondratiuk, I. Fedchak, Stepan Tserkovnyk, Maryanna Fedun
The article analyzes the regulatory and legal framework of Ukraine in the field of information protection, in order to develop proposals on the improvement of organizational and legal measures aimed at the protection of information resources in specialized information systems of the state authorities of Ukraine. It was imposed the necessity to clearly identify at organizational and legal level the problems of safe operation of specialized information systems, to determine the key threats in the field of information protection and to provide in time new modern legal tools to counteract the threats. The need for reorganization and improvement of organizational and legal measures aimed at information protection was considered. Dialectical, hermeneutic, inductive and deductive methods of analysis and synthesis were used in the research. It was concluded that changing the legal framework in the field of information protection is a time challenge, and only the most rapid modernization of organizational and legal measures aimed at protecting information in specialized information systems will ensure the task of sustainable operation of specialized information systems.
本文分析了乌克兰在信息保护领域的监管和法律框架,以制定改进组织和法律措施的建议,旨在保护乌克兰国家当局专业信息系统中的信息资源。必须在组织和法律一级明确确定专门信息系统安全操作的问题,确定信息保护领域的主要威胁,并及时提供新的现代法律工具来抵消这些威胁。会议审议了改组和改进旨在保护信息的组织和法律措施的必要性。在研究中运用了辩证、诠释、归纳和演绎的分析和综合方法。结论是,改变信息保护领域的法律框架是一项时间挑战,只有最迅速地实现旨在保护专业信息系统中信息的组织和法律措施的现代化,才能确保专业信息系统的可持续运行。
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引用次数: 0
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Cuestiones Politicas
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