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Reforming Ukraine: Problems of Constitutional Regulation and Implementation of Human Rights 改革乌克兰:宪法法规和人权实施的问题
Pub Date : 2018-06-01 DOI: 10.1515/bkes-2018-0005
O. Petryshyn, O. Petryshyn
Abstract The article focuses on current problems of human rights constitutional provision, protection and implementation in Ukraine in the context of the reforms aimed at Eurointegration. The aim is to brief in the historical aspects of the development of ideas and concepts of human rights in Ukraine, focus on the human rights provision of the active Constitution projected through the ongoing reforms and to expose the correlation between the rights enshrined and their actual implementation. The existing and possible future problems related to the regulation and realization of human rights in Ukraine’s reform process are considered. The article reflects the problem of the value approach to human rights, which is directly related to the low level of legal culture and the insufficient level of development of civil society Ukraine. The work also analyses the amendments that have been made to the Constitution since the independence. While presenting the latest developments and drafts regarding the addressed issues, we try to look deeper into the problem, far beyond the formal and procedural concerns, addressing social and cultural barriers in understanding the importance and necessity of the problems under consideration not only by the leadership of the state but also by ordinary Ukrainians.
摘要本文重点讨论了在旨在实现欧洲一体化的改革背景下,乌克兰人权宪法规定、保护和实施方面的当前问题。其目的是简要介绍乌克兰人权思想和概念发展的历史方面,重点关注通过正在进行的改革而制定的现行宪法中的人权条款,并揭示所载权利与其实际执行之间的相关性。审议了乌克兰改革进程中与人权的管理和实现有关的现有和未来可能存在的问题。这篇文章反映了人权的价值观问题,这与乌克兰法律文化水平低和民间社会发展水平不足直接相关。这项工作还分析了自独立以来对《宪法》所作的修正。在介绍所处理问题的最新进展和草案的同时,我们试图更深入地研究这个问题,远远超出形式和程序上的关注,解决社会和文化障碍,以理解国家领导层以及普通乌克兰人正在审议的问题的重要性和必要性。
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引用次数: 0
The Peculiarities of Civil-Legal Regulation of Transplantation in Ukraine and Europe 乌克兰和欧洲移植民法规制的特殊性
Pub Date : 2018-06-01 DOI: 10.1515/bjes-2018-0003
A. Herts
Abstract In modern realities the issue of the quality and accessibility of health services, the cost of medicines, examinations and treatment in general is being increasingly frequently discussed. The attention is focused on such a narrow surgical field as transplantation, because in Ukraine thousands of patients are waiting in line for organ transplantation and very few operations are performed. The main, most secure and common type of transplantation is the transplantation of organs and tissues from a deceased person, the dead body. Cadaveric transplantation, which is used in most developed countries, is hardly carried out in Ukraine. This is due to the fact that the current regulatory base of Ukraine in the field of transplantation does not fully meet the needs of modern medicine and has many gaps. The aim of donation is a future transplantation (including and in cases of blood transfusion and reproductive cells use). The parts (tissues, organs, their parts, individual cells) extracted (separated) from the body in the process of donation can be used generally in the treatment process in a processed form (blood plasma) or in the original state (fertilized reproductive cells). The detailed analysis of the provisions of the national legal system makes it possible to conclude that, despite the absence of direct regulation of relations concerning organ donation and transplantation as material relations, the legal regulations provide the fundamental provisions, which determine their material nature, and therefore offer opportunities for agreementbased regulation. In our opinion, one of the essential legal means of ensuring the rights of participants in the relations of donation and transplantation can be their agreement-based regulation. The peculiarities of civil-legal regulation of transplantation in Ukraine and Europe are simultaneously analysed; and the grounds of its legitimacy are defined.
摘要在现代现实中,人们越来越频繁地讨论医疗服务的质量和可及性、药品、检查和治疗的费用问题。人们的注意力集中在移植这样一个狭窄的手术领域,因为在乌克兰,成千上万的患者正在排队等待器官移植,而很少进行手术。最主要、最安全和最常见的移植类型是从死者身上移植器官和组织。在大多数发达国家使用的尸体移植在乌克兰几乎没有进行。这是由于乌克兰目前在移植领域的监管基础不完全满足现代医学的需求,存在许多差距。捐赠的目的是未来的移植(包括输血和生殖细胞的使用)。在捐献过程中从体内提取(分离)的部分(组织、器官、它们的部分、单个细胞)通常可以在治疗过程中以加工形式(血浆)或原始状态(受精生殖细胞)使用。通过对国家法律制度条款的详细分析,可以得出这样的结论:尽管没有将器官捐赠和移植关系作为物质关系进行直接监管,但法律法规提供了决定其物质性质的基本条款,因此为基于协议的监管提供了机会。我们认为,确保捐赠和移植关系参与者权利的重要法律手段之一可以是基于协议的监管。同时分析了乌克兰和欧洲移植民事法律规范的特点;并界定了其合法性的依据。
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引用次数: 4
Protecting Economic Interests or the Right to Life? Perception of the European Court of Justice on Emergency Medical Services1 保护经济利益还是生命权?欧洲法院对紧急医疗服务的看法1
Pub Date : 2018-06-01 DOI: 10.1515/bjes-2018-0011
J. Uusitalo
Abstract European Union (EU) was founded to strengthen European integration through purely economic cooperation while disregarding human rights. However, throughout its existence the EU has been challenged to take a stand on human rights. In fact, the application and promotion of human rights has increased significantly in recent years, especially during the last 15 years, mainly thanks to the establishment of the Charter of Fundamental Rights in 2000. Through the selected cases concerning emergency medical services, this paper examines how the arguments of the European Court of Justice have eventually been shifting from purely economic ideology towards more human rights based approach. However, the article essentially argues that the full potential of human rights to support the claims that are inherently economic in their nature has not yet been utilized and therefore the essential aim of the Charter to strengthen human rights protection in the EU remains unachieved.
摘要欧洲联盟(EU)的成立是为了在无视人权的情况下,通过纯粹的经济合作来加强欧洲一体化。然而,在其存在的整个过程中,欧盟一直面临着在人权问题上采取立场的挑战。事实上,近年来,特别是在过去15年中,主要由于2000年制定了《基本权利宪章》,人权的适用和促进大大增加。通过选定的紧急医疗服务案件,本文考察了欧洲法院的论点最终是如何从纯粹的经济意识形态转向更注重人权的方法的。然而,这篇文章基本上认为,人权支持本质上具有经济性质的主张的全部潜力尚未得到利用,因此,《宪章》加强欧盟人权保护的基本目标仍未实现。
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引用次数: 3
‘Knowledge Workers’ in the Baltic Sea Region: Comparative Assessment of Innovative Performance of the Countries in the Macro-Region 波罗的海地区的“知识工人”:宏观区域各国创新绩效的比较评估
Pub Date : 2018-06-01 DOI: 10.1515/bjes-2018-0010
A. Kirch
Abstract The article studies the problems of human resources stemming from increased mobility, and the emergence of new aspects of migration processes. A comparative analysis of the connection between academic development in the context of university (and the science system) and the process of labour migration taking place in Poland, Latvia, Lithuania and Estonia was carried out. The article examines the limits of the model through European territorial migration process and concludes that the huge migration of high-skilled labour (called the “knowledge workers”) has had a very negative impact on the innovative and academic potential of Poland, Lithuania, Latvia and a negative impact in Estonia. In the final section, the article examines increase in the requirements for competence in the Baltic Sea macroregion of the European Union and Estonia’s university reform of 2013-2016 as an illustrative experiment to (un)resolved problems. The first results of the reform in higher education indicated that it was ineffective-for students, the good ideas of the reform proved to be a lost experiment and the mobility of knowledge workers, as the future academic resource in homeland, turned from Estonia to larger Europe, especially to Finland and the UK.
文章研究了流动性增加带来的人力资源问题,以及移民过程中新方面的出现。对大学(和科学系统)背景下的学术发展与波兰、拉脱维亚、立陶宛和爱沙尼亚的劳动力迁移过程之间的联系进行了比较分析。文章通过欧洲领土移民过程考察了该模式的局限性,并得出结论,高技能劳动力(称为“知识工人”)的大规模移民对波兰、立陶宛、拉脱维亚的创新和学术潜力产生了非常负面的影响,对爱沙尼亚也产生了负面影响。在最后一节中,文章考察了欧盟波罗的海大区对能力要求的提高以及爱沙尼亚2013-2016年的大学改革,作为解决问题的例证实验。高等教育改革的最初结果表明,它对学生无效,改革的好想法被证明是一个失败的实验,知识工作者作为祖国未来的学术资源,从爱沙尼亚转向了更大的欧洲,尤其是芬兰和英国。
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引用次数: 5
Bicameralism: European Tendencies and Perspectives for Ukraine 两院制:欧洲对乌克兰的倾向与展望
Pub Date : 2018-06-01 DOI: 10.1515/bjes-2018-0007
V. Tatsiy, S. Serohina
Abstract The authors of the article continue the scientific discourse on the role and significance of bicameralism for building a modern democratic legal state. The main arguments of supporters and opponents of bicameralism have been analysed, given the complicated development of Ukrainian institutional framework and discussions over the European Committee of Regions evolution. The authors of the article attempt to supplement the list of arguments that exist in modern legal literature in favor of Ukraine’s transition to bicameralism. The challenges of European integration for Ukrainian parliament as a unitary actor have been highlighted. The authors substantiate the thesis that the formation of the second (upper) chamber does not threaten the Ukrainian unitarianism, but will contribute to further diversification of state power and at the same time increase the stability of the government in terms of a consensual, pluralistic democracy and semi-presidential government.
摘要本文继续科学论述两院制对建设现代民主法治国家的作用和意义。鉴于乌克兰体制框架的复杂发展和对欧洲地区委员会演变的讨论,分析了两院制支持者和反对者的主要论点。本文的作者试图补充存在于现代法律文献中支持乌克兰向两院制过渡的论据。欧洲一体化对作为统一行为体的乌克兰议会的挑战已得到强调。作者证实了这一论点,即第二(上)议院的形成不会威胁乌克兰的统一主义,但将有助于国家权力的进一步多样化,同时增加政府的稳定性,以达成共识,多元化民主和半总统制政府。
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引用次数: 5
University–Industry Interaction Trends in the Baltic Sea Region: A Bibliometric Analysis 波罗的海地区大学-产业互动趋势:文献计量学分析
Pub Date : 2017-10-01 DOI: 10.1515/bjes-2017-0009
E. Murashova, V. Loginova
Abstract The main objective of this study is to summarise and analyse the level of scientific interest from researchers from the Baltic Sea Region in interacting with each other on scientific and research projects in university–industry interaction field. This study will use bibliometric analysis based on actual joint initiatives and their published results. The growth of interest from both universities and industry in joint initiatives and changes in the nature of their cooperation (Butcher & Jeffren, 2005) has led to a significant increase in the Baltic Region and the number of scientific publications has doubled in the years 2010–2014. However, compared to the number of similar published studies from the United States, the United Kingdom, China and Japan, those results far outnumber the achievements of the Baltic regions. At the same time, there has been significant increase in the number of studies undertaken by Sweden, Germany and Finland in the period from 2012 to 2014, facilitated by active international and interdisciplinary cooperation and involvement in the research by a large number of authors. The results of the evaluation indicators through this bibliometric analysis can assist in the specific targeting and allocation of available finance and funding into promising fields of research and aid in communication and cooperation between stakeholders and interested organisations.
摘要本研究的主要目的是总结和分析波罗的海地区研究人员在大学-工业互动领域的科学和研究项目中相互互动的科学兴趣水平。这项研究将根据实际的联合倡议及其公布的结果进行文献计量分析。大学和工业界对联合倡议的兴趣增长以及合作性质的变化(Butcher&Jeffren,2005)导致波罗的海地区的科学出版物数量大幅增加,2010-2014年科学出版物数量翻了一番。然而,与美国、英国、中国和日本发表的类似研究数量相比,这些结果远远超过波罗的海地区的成就。与此同时,在大量作者积极开展国际和跨学科合作和参与研究的推动下,瑞典、德国和芬兰在2012年至2014年期间进行的研究数量显著增加。通过这一文献计量分析得出的评估指标结果有助于将可用资金和资金具体定向和分配到有前景的研究领域,并有助于利益相关者和感兴趣的组织之间的沟通与合作。
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引用次数: 7
Customer Perception of CSR Activities: A Comparative Study of Finnish and Russian Consumers 消费者对企业社会责任活动的认知:芬兰和俄罗斯消费者的比较研究
Pub Date : 2017-10-01 DOI: 10.1515/bjes-2017-0010
Maxim Potepkin, O. Firsanova
Abstract This study estimates the impact of corporate social responsibility (CSR) on customer loyalty based on the data collected during marketing research on consumer behavior in Finnish and Russian markets of dietary supplements. Concretely, the author examines the influence of perceived CSR on customer loyalty taking into account trust factor. A key focus of this work is a comparison of Finnish and Russian customer responses as well as investigation the “country” factor in customer CSR perception and its correlation with consumer loyalty and trust. In general, the findings show similarity of customer reaction to CSR initiatives in both countries. At the same time, the study illustrates some differences in Finnish and Russian customer perception and evaluating CSR level. Regarding practical issues, the author relates arguments for implementation CSR activities as a significant factor of forming customer loyalty in the two countries. The article gives implications for marketing theory and practice.
摘要本研究通过对芬兰和俄罗斯膳食补充剂市场的消费者行为进行调研,估计了企业社会责任(CSR)对消费者忠诚度的影响。具体而言,笔者考虑了信任因素,考察了企业社会责任感知对顾客忠诚的影响。这项工作的一个重点是比较芬兰和俄罗斯客户的反应,以及调查“国家”因素在客户社会责任感知及其与消费者忠诚和信任的相关性。总体而言,调查结果表明,两国客户对企业社会责任举措的反应相似。同时,研究也说明了芬兰和俄罗斯在客户感知和评价企业社会责任水平上的一些差异。在实际问题上,作者将实施企业社会责任活动作为两国形成客户忠诚度的重要因素的论点联系起来。本文对市场营销理论和实践具有启示意义。
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引用次数: 10
Smart Contracting: A Multidisciplinary and Proactive Approach for the EU Digital Single Market 智能合约:欧盟数字单一市场的一种多学科和主动的方法
Pub Date : 2017-10-01 DOI: 10.1515/bjes-2017-0017
M. C. Solarte-Vásquez, Katrin Nyman-Metcalf
Abstract Smart contracting (SC) is a proactive proposal to operationalize the relational contract theory for the upgrade and improvement of legally relevant exchange. The dynamic institutional environment of the European Union (EU) is a suitable framework for this proposal. SC addresses the interests of the business management, law and information technology practices with a perspective of influence in digital exchange, communication processes and other human and human-machine interactions. This position paper restates the advantages of the concept by highlighting the practical transition pathway SC offers to moderate the growing haste towards the embeddedness of exchange in automated and distributed models. This theoretical contribution supports the systematization of the proactive and legal design research field, and explains the characterization, operationalization and specification of the SC concept.
摘要智能合约(SC)是一项积极的提议,旨在将关系契约理论付诸实践,以升级和改进法律相关的交换。欧洲联盟(欧盟)充满活力的体制环境是这一提议的适当框架。SC从数字交换、通信过程和其他人与人之间互动的影响角度,解决了商业管理、法律和信息技术实践的利益。这篇立场文件通过强调SC提供的实用过渡途径重申了这一概念的优势,以缓和自动化和分布式模型中日益增长的交换嵌入性。这一理论贡献支持了主动和法律设计研究领域的系统化,并解释了SC概念的特征、操作和规范。
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引用次数: 11
Mitterrand and the Great European Design—From the Cold War to the European Union 密特朗与伟大的欧洲设计——从冷战到欧盟
Pub Date : 2017-10-01 DOI: 10.1515/bjes-2017-0013
D. Troitino, Karoline Färber, A. Boiro
Abstract François Mitterrand had a leading role in directing the course for the European integration process. While he orchestrated the economic integration of Europe, he remained deeply opposed to further political integration within the Communities. This article researches Mitterrand’s rationale for his clear focus on economic affairs and develops his vision for the institutional setting of the European Union (EU). The focus of the article is allocated to four different perspectives that reflect the four pillars of Mitterrand’s European policy: the common currency, the establishment of a closely integrated and small Western European based EU, the development of the Social Europe and of a free trade area between Europe and Africa. It is argued that although EU institutions have been established based on Mitterrand’s design, today’s reality deviates from the conditions on which his plan was based. For Mitterrand, the ideal EU involved a deep-rooted Western Europe with France at its core and a loose association with Central and Eastern Europe. His perception resembles the current discussions of multi-speed Europe and the determination of France and Germany to proceed to the next stage of the integration process. Importantly, Mitterrand’s print can still be recognised in the EU’s social policy included in the treaties, yet still far from being implemented. Notably, like all of the French Presidents, Mitterrand developed a design for Africa in which an extensive free trade area between Europe and former French colonies were to be established. In this proposal, Germany was to be assigned the part of the economic engine behind the actualisation of the proposal, while France was to carry out the role of a required middle man of the transactions. To further assure France’s political predominance over the Communities, Mitterrand designed a common currency for a small number of homogenous Western-European states.
摘要弗朗索瓦·密特朗在指导欧洲一体化进程中发挥了主导作用。虽然他策划了欧洲的经济一体化,但他仍然强烈反对共同体内部的进一步政治一体化。本文研究了密特朗明确关注经济事务的理由,并发展了他对欧盟制度设置的愿景。本文的重点是四个不同的视角,这些视角反映了密特朗欧洲政策的四大支柱:共同货币、建立一个紧密一体化的小型西欧欧盟、发展社会欧洲以及建立欧洲和非洲之间的自由贸易区。有人认为,尽管欧盟机构是根据密特朗的设计建立的,但今天的现实与他的计划所依据的条件有所不同。对密特朗来说,理想的欧盟包括一个以法国为核心的根深蒂固的西欧,以及与中欧和东欧的松散联盟。他的看法类似于目前对多速欧洲的讨论,以及法国和德国进入一体化进程下一阶段的决心。重要的是,密特朗的印刷品仍然可以在条约中包含的欧盟社会政策中得到认可,但仍远未得到实施。值得注意的是,和所有法国总统一样,密特朗为非洲制定了一项计划,在欧洲和前法国殖民地之间建立一个广泛的自由贸易区。在这项提案中,德国将被指派为该提案实施背后的经济引擎,而法国将扮演必要的交易中间人的角色。为了进一步确保法国在共同体中的政治主导地位,密特朗为少数同质的西欧国家设计了一种共同货币。
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引用次数: 26
Enhanced Cooperation, EMU Reforms and Their Implications for Differentiation in the European Union 加强合作、欧洲货币联盟改革及其对欧盟差异化的影响
Pub Date : 2017-10-01 DOI: 10.1515/bjes-2017-0011
T. Kubín
Abstract Initially, before the entry into force of the Maastricht Treaty, differences in integration between members of the European Communities (EC; later the European Union) were relatively few and usually temporary in nature. The Schengen Agreement, the Maastricht Treaty and the Treaty of Amsterdam, and the possibility of establishing enhanced cooperation meant that the problem was becoming more and more important in the functioning of the EU—both in theory and in practice. The objective of the paper is to show that for several years, along with the stagnation in the deepening of integration between all the EU Member States, differentiation of integration in the EU is progressing very rapidly. The progressing differentiation in the EU is a consequence of mainly two processes: the development of enhanced cooperation and reforms in the eurozone, which are strengthened by the widening of the EU. The article covers the issue of the categorization of differentiation of European Union integration, which constitutes the theoretical framework for further considerations. Specified processes which contribute to increasing the differentiation of the EU are discussed, showing the development of enhanced cooperation in the EU and presenting the reforms of the eurozone. The article concludes with the identification and the consequences of differentiated integration, both those that have already occurred and those that may occur in the future.
摘要最初,在《马斯特里赫特条约》生效之前,欧洲共同体(EC;后来的欧盟)成员国之间在一体化方面的分歧相对较少,通常是暂时的。《申根协定》、《马斯特里赫特条约》和《阿姆斯特丹条约》,以及建立加强合作的可能性,意味着这个问题在欧盟的运作中变得越来越重要——无论是在理论上还是在实践中。本文的目的是表明,几年来,随着欧盟所有成员国之间一体化深化的停滞,欧盟一体化的分化进展非常迅速。欧盟的分化主要是两个过程的结果:加强合作和欧元区改革的发展,这两个过程因欧盟的扩大而得到加强。这篇文章涉及欧洲联盟一体化差异的分类问题,这构成了进一步考虑的理论框架。讨论了有助于增加欧盟差异化的具体过程,展示了加强欧盟合作的发展,并介绍了欧元区的改革。文章最后指出了差异化一体化的特点及其后果,既有已经发生的,也有未来可能发生的。
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引用次数: 4
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Baltic Journal of European Studies
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