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Recognition and normative reconstruction as a theory of justice in Axel Honneth 阿克塞尔·洪内斯正义理论的承认与规范重构
IF 0.7 Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.55
Paulo Vitorino Fontes
Based on Axel Honneth's concept of recognition, considered as a fundamental need of the human being, and the method of normative reconstruction, the core of a plural theory of justice is presented. The aim of the research was to articulate a normative conception of justice with the sociological analysis, by means of normative reconstruction, starting from the intersubjective dimension of the institutions of recognition. Social freedom presupposes access to institutions of recognition. Through research and bibliographical analysis, within the framework of German critical theory, a theory of justice is presented that analyzes institutions in a broad sense, through the reconstruction of already institutionalized practices and conditions of recognition, with a view to social emancipation. The main conclusions lie in the significance of the realization of freedom in patterns, not of an individual taken in isolation, but of social freedom expressed in a plural and expanded sense of "we". Thus, the spheres of realization of social freedom develop as the "we" of personal relations, of the market and, in relation to the sphere of the state, in the democratic formation of will.
基于阿克塞尔·洪内斯作为人的根本需要而提出的承认概念,以及规范重建的方法,提出了多元正义理论的核心。本研究的目的是通过规范重建,从承认制度的主体间维度出发,通过社会学分析阐明规范的正义观。社会自由以获得承认机构为前提。通过研究和文献分析,在德国批判理论的框架内,提出了一种正义理论,通过重建已经制度化的实践和承认条件,从广义上分析制度,以期实现社会解放。主要结论在于实现模式中的自由的意义,而不是孤立的个人,而是以复数和扩展的“我们”意义表达的社会自由。因此,实现社会自由的领域发展为个人关系、市场的“我们”,以及与国家领域相关的意志的民主形成。
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引用次数: 0
Implementation of an effective system for monitoring the application of gender equality policy: Experience from European Union countries 实施有效的两性平等政策执行情况监测制度:欧洲联盟国家的经验
IF 0.7 Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.13
A. Liasota, Y. Kobets, Kateryna Dobkina, Valentyna Yakubina, Vadim Penyuk
The European Union has been pursuing the policy aimed at achieving equality between women and men for a long time. The adoption of the Law "On Ensuring Equal Rights and Opportunities for Women and Men" is an important step forward. However, the aspects of the control of compliance with the legislation in the field of gender policy remain poorly advanced and need to be adapted following the experience of developed European countries. The aim of this article was to outline the legislative mechanism for ensuring equal rights and opportunities for women and men, and to compare it with European legislative experience and practice. During the research, the methods of analysis and synthesis, deduction and induction and comparative analysis were used. As a result of the research, the mechanism for ensuring equal rights and opportunities in Ukraine was determined; the bodies, institutions and organizations empowered in the specified area were described along with the main aspects of gender equality legislation in Ukraine. It is concluded that government officials can use the results obtained during the research to improve some legislative aspects of control over gender policy implementation.
欧洲联盟长期以来一直奉行旨在实现男女平等的政策。《确保男女权利和机会平等法》的通过是向前迈出的重要一步。然而,控制遵守性别政策领域立法的各个方面仍然进展缓慢,需要根据欧洲发达国家的经验进行调整。本条的目的是概述确保男女权利和机会平等的立法机制,并将其与欧洲的立法经验和做法进行比较。研究采用了分析与综合、演绎与归纳、比较分析等方法。研究的结果是,确定了确保乌克兰权利和机会平等的机制;介绍了在特定领域获得授权的机构、机构和组织,以及乌克兰两性平等立法的主要方面。结论是,政府官员可以利用研究期间获得的结果来改进对性别政策执行的控制的一些立法方面。
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引用次数: 0
Automated system of court enforcement proceedings as element of information provision for compulsory enforcement of decisions 法院强制执行程序自动化系统作为强制执行判决的信息提供要素
IF 0.7 Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.36
N. Sergiienko, Serhii V. Suslin, Vira Pyrohovska, Volodymyr Serha, Kotovych Ihor
The aim of the article was to suggest ways to improve the legislation regulating the scope of operation of the automated system of judicial enforcement proceedings, in order to increase the effectiveness of enforced execution of decisions while respecting human rights. The methodology of the article was based on the application of the following methods of scientific cognition: analytical, deductive, hermeneutic, comparative and synthesis. In addition, the authors analyze the legal regulation of the operation of the automated system of execution of court judgments, as an element of information provision for the forced execution of resolutions and, at the same time, have revealed the gaps in its legal regulation and, consequently, have suggested the ways to eliminate them. It was definitely established that there was no need to amend the legislation concerning the distribution of enforcement documents among private enforcement officers within their districts of jurisdiction. In the conclusions it was offered to improve certain provisions of the Ukrainian legislation regulating the provision of information on compulsory enforcement of decisions, in particular, to give the prosecutor access to information on judicial enforcement proceedings on an equal footing with the parties.
该条的目的是建议如何改进规范司法执行程序自动化系统运作范围的立法,以便在尊重人权的同时提高强制执行决定的效力。本文的方法论是基于以下科学认知方法的应用:分析法、演绎法、解释学、比较法和综合法。此外,作者还分析了法院判决执行自动化系统运作的法律法规,作为强制执行决议的信息提供要素,同时揭示了其法律法规中的漏洞,并提出了消除这些漏洞的方法。已经明确确定,没有必要修改有关在其管辖区内私人执法人员之间分配执法文件的立法。结论中提出改进乌克兰立法中关于提供关于强制执行决定的信息的某些规定,特别是让检察官在与当事方平等的基础上获得关于司法执行程序的信息。
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引用次数: 0
Ways to protect the rights of individuals in administrative proceedings: legal regulation and international experience international experience 行政诉讼中个人权利保护的途径:法律规制与国际经验
IF 0.7 Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.22
Volodymyr Horbalinskiy, O.Yu. Leshchenko, Olga Mashchenko, Yevhen Leheza, K. Prymakov
The objective of the research was to consider the forms of protection of the rights of individuals in administrative proceedings. The methodological basis used is presented as: comparative-legal and systematic analysis, formal-legal method, hermeneutic method, as well as methods of analysis and synthesis. Everything allows to conclude that, in order to clarify the issue of compliance of methods for judicial protection of the rights of individuals, provided by the Code of Administrative Procedure of Ukraine, with the criteria of a rule of law and the needs of establishing at each moment the rule of law in concrete reality, the assessment of provisions of the legislation on administrative procedures of: Azerbaijan, Georgia, Estonia, Latvia, Poland, France and the Federal Republic of Germany. Finally, it has been established that administrative courts in Ukraine have significant human rights powers to make decisions on recovery of funds from an authority to compensate for the damage caused by its unlawful administrative act, if such a claim is filed simultaneously with the application for recognition of such act as unlawful.
这项研究的目的是考虑在行政诉讼中保护个人权利的各种形式。所使用的方法论基础是:比较法律和系统分析、形式法律方法、解释学方法以及分析和综合方法。一切都可以得出这样的结论:为了澄清《乌克兰行政程序法》规定的对个人权利的司法保护方法是否符合法治标准的问题,以及在具体现实中随时建立法治的需要,对下列国家行政程序立法的规定进行评估:阿塞拜疆、格鲁吉亚、爱沙尼亚、拉脱维亚、波兰、法国和德意志联邦共和国。最后,已经确定的是,乌克兰的行政法院具有重大的人权权力,可以就向当局追回资金以赔偿其非法行政行为所造成的损害作出决定,如果这种要求与承认这种行为为非法的申请同时提出的话。
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引用次数: 2
Constitutional law and judicial guarantees: their structure and interpretation at the national and international level 宪法和司法保障:其结构和在国家和国际一级的解释
IF 0.7 Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.17
N. Shelever, N. Filipska, L. Varunts, V. Pylyp, Diana Voron
The article is devoted to the study of the essence of constitutional law, together with judicial guarantees, their interpretation and normative consolidation in international legal acts and national regulations, as well as to the clarification of the place of the right to a fair trial in human rights. Thanks to the use of a system of general scientific and special scientific concepts and methods, it was established that the conceptualization of the right to a fair trial was given by the European Convention for the Protection of Human Rights and Fundamental Freedoms and, moreover, is reflected in the precedent practice of the European Court of Human Rights. In this context, characteristic features of the right to judicial guarantees are defined, its procedural and functional components are distinguished, and procedural and substantive justice are characterized. Everything allows concluding that, the characteristic features of the constitutional right to a fair trial in a state governed by the rule of law are defined as: the perceived ability of a person to exercise the specified right; the presence of a special subject-object structure; appropriate actions in specially created state judicial institutions to restore violated rights.
这篇文章致力于研究宪法的本质,以及司法保障、对其的解释和在国际法律行为和国家条例中的规范整合,以及澄清公平审判权在人权中的地位。由于使用了一般科学和特殊科学概念和方法的体系,已经确定公平审判权的概念是由《欧洲保护人权和基本自由公约》提出的,而且也反映在欧洲人权法院的先例中。在这方面,界定了司法保障权的特征,区分了其程序和功能组成部分,并确定了程序正义和实体正义的特征。一切都可以得出这样的结论:在法治国家获得公平审判的宪法权利的特征被定义为:一个人行使特定权利的感知能力;特殊的主客体结构的存在;在专门设立的国家司法机构采取适当行动,恢复被侵犯的权利。
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引用次数: 0
Legal guarantees of lawyers’activities with respect to the provision of free secondary legal aid in the administrative court system 对律师在行政法院系统中提供免费二级法律援助活动的法律保障
IF 0.7 Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.21
S. Shatrava, Serhii Vylkov, Ye.Yu. Sobol, N. Maksymenko, I. Zelenko
The research was aimed at ascertaining the content of legal guarantees of the lawyer's activity in terms of rendering free secondary legal aid in administrative proceedings. With the help of general and special methods and cognition, it has been shown that the legal guarantees of a lawyer's activity as a subject of rendering free secondary legal aid have the following characteristics: 1) guarantee the freedom, without hindrance, of the exercise of the rights attributed to the lawyer and the due fulfillment of the duties attributed to the obligations; 2) the set of means, modalities and conditions that make up the content of the guarantees are always set at the appropriate regulatory and legal level; 3) they begin to operate after the occurrence of legal events that are related to the acquisition of special rights and obligations by the lawyer, and; 4) it is a component of the more general legal category "guarantee of defense". By way of conclusion, we can state that the legal guarantees of the lawyer's activity depend for their success on several factors: institutional, legal and contextual, which require particular treatment by future research.
这项研究的目的是确定在行政诉讼中提供免费二级法律援助方面律师活动的法律保障的内容。借助于一般和特殊的方法和认识,表明律师作为提供免费二次法律援助主体的活动的法律保障具有以下特点:1)保障律师自由、不受阻碍地行使其应享有的权利和适当履行其应承担的义务;2) 构成担保内容的一套手段、模式和条件始终是在适当的监管和法律层面制定的;3) 在发生与律师获得特殊权利和义务有关的法律事件后开始运作,以及;4) 它是更一般的法律范畴“辩护担保”的一个组成部分。作为结论,我们可以指出,律师活动的法律保障取决于几个因素:制度、法律和背景,这些因素需要在未来的研究中得到特殊的处理。
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引用次数: 2
Modern methods of crime prevention related to the excess of official power or authority in the law enforcement system 现代预防犯罪的方法与执法系统中官方权力或权威的过度有关
IF 0.7 Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.45
O. Horoshynskyi
The general objective of the article was to discuss modern methods of crime prevention related to the excess of official power or authority in the system of public order. The methodological basis of the study was the dialectical method of scientific knowledge. Thanks to its application, legal and social phenomena influencing the actions of law enforcement officers were analyzed. In the interconnection, the statistical data of the survey, on the judicial practice concerning the issues of abuse of power by law enforcement officers, were also studied. Over the past eight years, 391 judgments were rendered in Ukraine, 4258 decisions on procedural actions during the consideration of offenses under Article 365 of the Criminal Code of Ukraine. It is concluded that measures to prevent crimes related to abuse of power should be comprehensive. In particular, they must be effectively correlated with the legislative framework of the policy of protection and prevention of abuse of power of the state.
这篇文章的总体目标是讨论与公共秩序系统中官方权力或权威过度有关的预防犯罪的现代方法。这一研究的方法论基础是科学知识的辩证方法。通过对其应用,分析了影响执法人员行为的法律和社会现象。在相互联系中,还研究了调查的统计数据,即关于执法人员滥用权力问题的司法实践。在过去八年中,乌克兰作出了391项判决,在审议乌克兰《刑法》第365条规定的罪行期间作出了4258项程序性诉讼决定。结论是防止滥用职权犯罪的措施应该是综合性的。特别是,它们必须与保护和防止国家权力滥用政策的立法框架有效地联系起来。
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引用次数: 0
La crisis de Ucrania, un conflicto de las grandes potencias 乌克兰危机,大国之间的冲突
IF 0.7 Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.42
Freddy Lenin Villarreal Satama, Diego Alejandro Jaramillo Arango
The war in Ukraine has generated a geostrategic change in the region of Eastern Europe since, in addition to altering the peace, a crisis of refugees, resources and environmental impact is evident in which the polarization of the powers represented, on the one hand, by the North Atlantic Treaty Organization NATO and, on the other, by the Russian Federation together with China, is gradually increasing. By means of a bibliographic review, the aim of this work was to carry out a qualitative analysis of the war problem in Ukraine, taking into account the historical context, chronology and development of possible scenarios that could put an end to this war, which, of course, may change dynamically as this conflict continues in the long term. Moreover, it can be concluded that Ukraine lacks its own military resources and depends on the aid of the European powers and the United States, in this sense some legitimate questions arise: To what extent can there be a sustained military cooperation in time and at what price for Ukraine, since it is not convenient for anyone that the war is long term and each country has its own problems to solve.
乌克兰战争在东欧地区引发了地缘战略变化,因为除了改变和平之外,难民、资源和环境影响的危机也很明显,北大西洋公约组织北约和俄罗斯联邦与中国一道,正在逐渐增加。通过文献综述,这项工作的目的是对乌克兰的战争问题进行定性分析,考虑到历史背景、时间顺序和可能结束这场战争的场景的发展,当然,随着这场冲突的长期持续,战争可能会发生动态变化。此外,可以得出结论,乌克兰缺乏自己的军事资源,依赖欧洲大国和美国的援助,从这个意义上说,出现了一些合理的问题:在多大程度上能够及时进行持续的军事合作,对乌克兰来说代价是什么,因为战争是长期的,每个国家都有自己的问题需要解决,这对任何人来说都不方便。
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引用次数: 0
Features of the Functioning of the Legal System in the Context of Digitalization Processes 数字化进程背景下的法律体系运作特征
IF 0.7 Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.30
I. Khomyshyn, I. Dragan, O. Sidelkovskyi, P. Yepryntsev, O. Fatkhutdinova
Using a documentary-based methodology, the aim of the study was to identify the key features of the functioning of the legal system in the context of digitization processes. The rapid growth of information volumes, the formation of information sets and databases, the intensive development of digital technologies, their widespread introduction in various spheres of public life, their mediation in a growing number of areas and types of social interaction, the activities of state and public institutions are a significant factor in the development of modern society, forming a "digital" reality. It is concluded that, in the conditions of the new reality, the law becomes not only a means, a tool ensuring digitalization of economy, management and other segments of social life, but also, an object of influence of "digitalization", by virtue of which it undergoes changes in its form, content, system, structure, mechanism of action and shows tendency to intensify emerging transformations. As a result of the study, the current trends and prerequisites for the characteristics of the functioning of the legal system in the context of digitization processes were investigated.
该研究采用以文献为基础的方法,旨在确定数字化进程中法律体系运作的关键特征。信息量的快速增长、信息集和数据库的形成、数字技术的深入发展、它们在公共生活的各个领域的广泛应用、它们在越来越多的领域和类型的社会互动中的调解、国家和公共机构的活动是现代社会发展的一个重要因素,形成“数字”现实。结果表明,在新的现实条件下,法律不仅成为确保经济、管理和其他社会生活领域数字化的手段和工具,而且成为“数字化”的影响对象,借助“数字化”,法律在形式、内容、制度、结构和作用机制上都发生了变化,并呈现出加剧新兴变革的趋势。研究的结果是,调查了数字化进程中法律系统运作特征的当前趋势和先决条件。
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引用次数: 0
Personality characteristics of the participant in an armed or paramilitary unit not provided for by law 法律未规定的武装或准军事部队参与者的人格特征
IF 0.7 Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.52
Oleksandr Nazarovich Yarmysh, Serhii Ivanovych Khalymon, Yevhen Viktorovich Zozulia, Yuliia Petrivna Stepanova
Through the documentary-based scientific method, the article is devoted to the study of the criminological features of the personality of a participant of a paramilitary or armed unit (ULPAU) not provided by law. In addition, the formation of his criminological portrait (criminal profile) on the basis of socio-psychological and legal classification features is discussed. The value of the determined parameters of the offender's characteristics for the formation of negative social and psychological attitudes has been analyzed and their impact on subsequent criminal activity was considered. A number of conclusions of theoretical and applied character have been formulated, among which the following characteristic features of the criminological portrait (criminal profile) of a participant of the ULPAU: man aged 25-35 years who has Ukrainian citizenship and is Ukrainian by nationality, urban resident, single, childless, has general secondary or vocational education, is unemployed, has not been previously convicted; being a member of the armed unit he guarded the checkpoints and the area of location of the units.
本文采用文献科学方法,对法律未规定的准军事或武装部队(ULPAU)参与者人格的犯罪学特征进行了研究。此外,还从社会心理和法律分类特征的角度探讨了其犯罪画像(犯罪侧面)的形成。分析了罪犯特征的确定参数对消极社会和心理态度形成的价值,并考虑了它们对随后犯罪活动的影响。已经得出了一些具有理论和应用性质的结论,其中ULPAU参与者的犯罪学特征(犯罪概况)如下:25-35岁的乌克兰公民,按国籍为乌克兰人,城市居民,单身,无子女,受过普通中等或职业教育,失业,以前未被定罪;作为武装部队的一员,他守卫着检查站和部队所在地区。
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引用次数: 0
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Cuestiones Politicas
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