Pub Date : 2021-11-11DOI: 10.21564/2663-5704.51.241801
Y. Meliakova, S. Zhdanenko, Eduard Kal’nitskij
The article presents a philosophical study of the social, political, legal, labor, cultural and anthropological status of a person in modern conditions of informatization, economic liberalism, limited employment, post-democracy, visual culture and a pandemic. The growth of the precariat is regarded as a catalyst for the movement of opposite vectors: the activities of the power and the performative actionism of political subjects. As the optimal integrative tactics of a person of late capitalism, his bodily and spiritual self-exploitation is considered.
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Pub Date : 2021-11-11DOI: 10.21564/2663-5704.51.242019
Iryna Pidkurkova
Problem setting. The Ukrainian diaspora in Brazil is one of the most remoted ethnic entity. Having a difficult history of emigration, Ukrainians have integrated quite well into the life of this country, but still managed to preserve its culture, language and traditions. The study of this phenomenon will help to clarify the conditions and factors that allowed Brazilian Ukrainians not to lose its mental connection with their homeland and to represent its nation with dignity outside Ukraine. Recent research and publications analysis. Various aspects of the phenomenon of the diaspora, as well as its history, place and significance in socio-economic, cultural and political life are studied by the following researchers: M. Astvartatsurova, V. Yevtukh, W. Safran, G. Sheffer and others. Issues of the Brazilian diaspora are considered by: O. Borushenko, I. Zakrevs’ka, I. Sushinska and others. Problems of national (ethnic) identity are the subject of search of such scientists as L. Bielovetska, M. Voronina, S. Sidorenko, E. Smith and others. Paper object. The aim of the article is to study the conditions and factors of preserving the ethnic identity of the Ukrainian diaspora in Brazil, as well as to clarify the role of religion, education, language in its provision. Paper main body. Today, the diaspora can be defined as an ethnic community that arises outside their homeland due to various migrations, and, due to unwillingness (or impossibility) to fully assimilate in non-ethnic societies, retains its ethnic identity (culture, language, traditions, etc.). In order to preserve, reproduce and develop, the diaspora creates certain institutions that consolidate its position and ensure interaction with the country of residence and the country of origin. One of the key features in understanding the diaspora is ethnic identity, which is defined as an individual's identification with a particular nation, awareness of their belonging to a national community based on a set of characteristics (territory, citizenship, language, mentality, temperament, history, culture, religion, common interests, aspirations, goals, ideals, needs, etc.), which fundamentally distinguish this nation from other similar groups. All these characteristics are inherent in one of the most remoted ethnic communities - the Ukrainian diaspora in Brazil, which is also one of the oldest (dates back to the late nineteenth century). And quite numerous (according to various estimates from 600,000 to 1,000,000 people). What helps Brazilian Ukrainians not to lose, to preserve their national identity far beyond its historical homeland? Factors that determined the formation of the ethnic identity of the Ukrainian diaspora in Brazil are, first of all, the challenges and threats that united immigrants from Ukraine, and secondly, the territory of their compact coexistence (southeastern Brazil). An important factor in the formation and preservation of ethnic identity in Brazil is the church, that histor
问题设置。在巴西的乌克兰侨民是最偏远的民族实体之一。乌克兰人有一段艰难的移民历史,他们已经很好地融入了这个国家的生活,但仍然设法保留了自己的文化、语言和传统。对这一现象的研究将有助于澄清使巴西乌克兰人不失去其与祖国的精神联系并在乌克兰境外有尊严地代表其民族的条件和因素。最近的研究和出版物分析。以下研究人员研究了侨民现象的各个方面,以及它在社会经济、文化和政治生活中的历史、地位和意义:M. Astvartatsurova、V. Yevtukh、W. Safran、G. Sheffer和其他人。巴西侨民的问题由:O. Borushenko, I. zakrev 'ka, I. Sushinska和其他人审议。国家(族裔)认同问题是L. Bielovetska、M. Voronina、S. Sidorenko、E. Smith等科学家研究的课题。纸对象。本文的目的是研究保留在巴西的乌克兰侨民的民族特性的条件和因素,并澄清宗教、教育、语言在其提供中的作用。纸主体。今天,侨民可以被定义为由于各种移民而在其家园之外产生的民族社区,并且由于不愿意(或不可能)完全融入非民族社会,保留其民族身份(文化,语言,传统等)。为了保存、再生产和发展,散居侨民建立了某些机构来巩固其地位,并确保与居住国和原籍国的相互作用。理解侨民的关键特征之一是民族认同,它被定义为个人对特定民族的认同,意识到自己属于一个基于一系列特征(领土、公民身份、语言、心态、气质、历史、文化、宗教、共同利益、愿望、目标、理想、需求等)的民族共同体,这些特征从根本上将这个民族与其他类似群体区分开来。所有这些特点都是最偏远的民族社区之一- -巴西的乌克兰侨民所固有的,这也是最古老的民族社区之一(可追溯到19世纪后期)。而且人数相当多(根据各种估计,从60万到100万人不等)。是什么帮助巴西乌克兰人不输,保持他们的民族身份,远离历史上的家园?决定在巴西的乌克兰侨民的民族认同形成的因素,首先是团结来自乌克兰的移民的挑战和威胁,其次是他们紧密共存的领土(巴西东南部)。在巴西形成和保存民族特性的一个重要因素是教会,它在历史上团结了乌克兰社区。在维护乌克兰身份方面,巴西本土学校发挥着无可争议的作用。从最初几年开始,乌克兰定居者就开始照顾一个地方,让他们的孩子至少能接受初等教育。今天,巴西有一个周日和周六学校的网络,以及乌克兰的私立学校。种族特性的一个指标是在巴西实行有利政策的语言研究:有乌克兰语言和文学课程;创造条件,在乌克兰族聚居地区的公立学校免费教授乌克兰语作为外语。19世纪末出现的一些文化和公共社会在巴西维护乌克兰身份方面发挥了重要作用,它们至今仍在发挥作用。巴西正在积极发展乌克兰语媒体,包括互联网资源,乌克兰裔巴西人在这些媒体上宣传和传播乌克兰文化。研究结论。乌克兰人相当成功地融入了巴西,在其社会经济和社会政治生活中占据了有价值的地位,但与此同时,他们能够保持自己的民族特性。某些因素促成了在巴西形成一个相当庞大和权威的乌克兰侨民,其特点是其民族特性。支持和提供精神指导的教会在维护乌克兰移民的身份方面发挥着重要作用;提供教育和培养新一代的学校;建立社会政治和文化协会,帮助在非种族社会中进行社交,同时培养其民族传统。
{"title":"THE PROBLEM OF PRESERVING THE ETHNIC IDENTITY OF THE UKRAINIAN DIASPORA IN BRAZIL","authors":"Iryna Pidkurkova","doi":"10.21564/2663-5704.51.242019","DOIUrl":"https://doi.org/10.21564/2663-5704.51.242019","url":null,"abstract":"Problem setting. The Ukrainian diaspora in Brazil is one of the most remoted ethnic entity. Having a difficult history of emigration, Ukrainians have integrated quite well into the life of this country, but still managed to preserve its culture, language and traditions. The study of this phenomenon will help to clarify the conditions and factors that allowed Brazilian Ukrainians not to lose its mental connection with their homeland and to represent its nation with dignity outside Ukraine. \u0000Recent research and publications analysis. Various aspects of the phenomenon of the diaspora, as well as its history, place and significance in socio-economic, cultural and political life are studied by the following researchers: M. Astvartatsurova, V. Yevtukh, W. Safran, G. Sheffer and others. Issues of the Brazilian diaspora are considered by: O. Borushenko, I. Zakrevs’ka, I. Sushinska and others. Problems of national (ethnic) identity are the subject of search of such scientists as L. Bielovetska, M. Voronina, S. Sidorenko, E. Smith and others. \u0000Paper object. The aim of the article is to study the conditions and factors of preserving the ethnic identity of the Ukrainian diaspora in Brazil, as well as to clarify the role of religion, education, language in its provision. \u0000Paper main body. Today, the diaspora can be defined as an ethnic community that arises outside their homeland due to various migrations, and, due to unwillingness (or impossibility) to fully assimilate in non-ethnic societies, retains its ethnic identity (culture, language, traditions, etc.). In order to preserve, reproduce and develop, the diaspora creates certain institutions that consolidate its position and ensure interaction with the country of residence and the country of origin. \u0000One of the key features in understanding the diaspora is ethnic identity, which is defined as an individual's identification with a particular nation, awareness of their belonging to a national community based on a set of characteristics (territory, citizenship, language, mentality, temperament, history, culture, religion, common interests, aspirations, goals, ideals, needs, etc.), which fundamentally distinguish this nation from other similar groups. All these characteristics are inherent in one of the most remoted ethnic communities - the Ukrainian diaspora in Brazil, which is also one of the oldest (dates back to the late nineteenth century). And quite numerous (according to various estimates from 600,000 to 1,000,000 people). \u0000What helps Brazilian Ukrainians not to lose, to preserve their national identity far beyond its historical homeland? \u0000Factors that determined the formation of the ethnic identity of the Ukrainian diaspora in Brazil are, first of all, the challenges and threats that united immigrants from Ukraine, and secondly, the territory of their compact coexistence (southeastern Brazil). An important factor in the formation and preservation of ethnic identity in Brazil is the church, that histor","PeriodicalId":52895,"journal":{"name":"Visnik NIuU imeni Iaroslava Mudrogo Seriia Filosofiia filosofiia prava politologiia sotsiologiia","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73380184","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 : 2021-11-11DOI: 10.21564/2663-5704.51.242010
V. Kuryliak
The religious and theological basis of the components of the teachings of a healthy lifestyle of members of the Seventh-day Adventist Church, namely the principles of hygiene and appearance of the faithful of this denomination, are analyzed. The purpose of the article is to determine the theological basis of the principles of hygiene and appearance of the faithful of the Seventh-day Adventist Church. The peculiarities of the Adventists' interpretation of the Holy Scriptures regarding the application of the Old Testament hygienic instructions in the conditions of modern realities are highlighted. Emphasis is placed on a number of principles in Adventism regarding the contents of a Christian's wardrobe. It is highlighted that from the Adventist point of view, it is the clothing and appearance of a person that is an important indicator of a Christian character and a silent testimony to the values that a person adheres to. It is emphasized that important in the appearance of a person are gender differences in clothing, which clearly indicates a male or female identity. Emphasis is placed on regular consumption of sufficient water to prevent and improve physical condition, and good health in turn is a reliable basis for the perception of high moral values, including spiritual ones. The analysis of the theological basis of the principles of hygiene and appearance of members of the Seventh-day Adventist Church presents a holistic concept of Adventists, namely: human health is three interrelated components: physical, mental and spiritual. The key thesis of the theological basis in Adventism on hygiene and appearance is the following statement: there is no point in disturbing the Lord's prayers if one ignores the moral principles and laws of hygiene and appearance that are already set forth in the Scriptures and understandable because most diseases is the result of a wrong way of life and a departure from moral and ethical Christian values.
{"title":"THEOLOGICAL BASIS OF PRINCIPLES OF HYGIENE ANDAPPEARANCE OF MEMBERS OF THE CHURCH OF SEVENTH DAY ADVENTISTS","authors":"V. Kuryliak","doi":"10.21564/2663-5704.51.242010","DOIUrl":"https://doi.org/10.21564/2663-5704.51.242010","url":null,"abstract":"The religious and theological basis of the components of the teachings of a healthy lifestyle of members of the Seventh-day Adventist Church, namely the principles of hygiene and appearance of the faithful of this denomination, are analyzed. \u0000The purpose of the article is to determine the theological basis of the principles of hygiene and appearance of the faithful of the Seventh-day Adventist Church. The peculiarities of the Adventists' interpretation of the Holy Scriptures regarding the application of the Old Testament hygienic instructions in the conditions of modern realities are highlighted. Emphasis is placed on a number of principles in Adventism regarding the contents of a Christian's wardrobe. It is highlighted that from the Adventist point of view, it is the clothing and appearance of a person that is an important indicator of a Christian character and a silent testimony to the values that a person adheres to. It is emphasized that important in the appearance of a person are gender differences in clothing, which clearly indicates a male or female identity. Emphasis is placed on regular consumption of sufficient water to prevent and improve physical condition, and good health in turn is a reliable basis for the perception of high moral values, including spiritual ones. The analysis of the theological basis of the principles of hygiene and appearance of members of the Seventh-day Adventist Church presents a holistic concept of Adventists, namely: human health is three interrelated components: physical, mental and spiritual. The key thesis of the theological basis in Adventism on hygiene and appearance is the following statement: there is no point in disturbing the Lord's prayers if one ignores the moral principles and laws of hygiene and appearance that are already set forth in the Scriptures and understandable because most diseases is the result of a wrong way of life and a departure from moral and ethical Christian values.","PeriodicalId":52895,"journal":{"name":"Visnik NIuU imeni Iaroslava Mudrogo Seriia Filosofiia filosofiia prava politologiia sotsiologiia","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74031092","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 : 2021-11-11DOI: 10.21564/2663-5704.51.242001
Estay Juan Guillermo Sepúlveda, Mario Lagomarsino Montoya, Cabezas Cáceres Carolina Cabezas Cáceres
It is indubitable and irrefutable that democracy is the best government system that exists in the occidental world and that thanks to it, freedom of expression allows to even question it and put it on the justice balance. Similarly, bioethics born in the world of biological and health sciences, has transcended to the humanities and society has become aware that we live in a nonrenewable planet. However, we cannot overlook that both democracy and bioethics are not born from populus, but from an elite who dreams of a better world according to their dreams and not those of the vast majority of ordinary people.
{"title":"REFLECTIONS ON DEMOCRACY AND BIOETHICS: NEW DEMOCRATIC AND BIOETHICAL FUNDAMENTALISM","authors":"Estay Juan Guillermo Sepúlveda, Mario Lagomarsino Montoya, Cabezas Cáceres Carolina Cabezas Cáceres","doi":"10.21564/2663-5704.51.242001","DOIUrl":"https://doi.org/10.21564/2663-5704.51.242001","url":null,"abstract":"It is indubitable and irrefutable that democracy is the best government system that exists in the occidental world and that thanks to it, freedom of expression allows to even question it and put it on the justice balance. Similarly, bioethics born in the world of biological and health sciences, has transcended to the humanities and society has become aware that we live in a nonrenewable planet. However, we cannot overlook that both democracy and bioethics are not born from populus, but from an elite who dreams of a better world according to their dreams and not those of the vast majority of ordinary people.","PeriodicalId":52895,"journal":{"name":"Visnik NIuU imeni Iaroslava Mudrogo Seriia Filosofiia filosofiia prava politologiia sotsiologiia","volume":"150 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77407815","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 : 2021-11-11DOI: 10.21564/2663-5704.51.242004
Vladimir Chalapko
The article substantiates that the information impact carried out using the technologies of control and manipulation of public consciousness causes dysfunctional processes that impede the optimal functioning of state institutions. The main object of protection in this case is the public consciousness. It is noted that the specifics of information security allows it to cover all types of security: economic, socio-political, military and environmental, therefore its provision is a priority in the process of solving national security problems. The conditions for ensuring the main types of state security depend on ensuring information security at the present stage of development of society.
{"title":"INFORMATION SECURITY: TO THE PROBLEM OF PLACE AND ROLE IN THE NATIONAL SECURITY SYSTEM","authors":"Vladimir Chalapko","doi":"10.21564/2663-5704.51.242004","DOIUrl":"https://doi.org/10.21564/2663-5704.51.242004","url":null,"abstract":"The article substantiates that the information impact carried out using the technologies of control and manipulation of public consciousness causes dysfunctional processes that impede the optimal functioning of state institutions. The main object of protection in this case is the public consciousness. It is noted that the specifics of information security allows it to cover all types of security: economic, socio-political, military and environmental, therefore its provision is a priority in the process of solving national security problems. The conditions for ensuring the main types of state security depend on ensuring information security at the present stage of development of society.","PeriodicalId":52895,"journal":{"name":"Visnik NIuU imeni Iaroslava Mudrogo Seriia Filosofiia filosofiia prava politologiia sotsiologiia","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83686646","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 : 2019-12-19DOI: 10.21564/2075-7190.43.187820
Борис Борисович Глотов, Микола Адамович Козловець
Problem setting. The legal framework for regulating the ethnic and national sphere determines the influence of state authorities on the current ethnic and national model of interaction between the titular Ukrainian ethnic group and national minorities. An objective factor in the ethnic and national modeling of Ukraine’s development is the Ukrainian political nation, whose potential readiness for state-national self-determination is determined by the level of national and regional identity, whose research is extremely in demand in modern science, which begins with the state and determines how it affects poly-ethnic society. Recent research and publications analysis. In the context of the topic under study, the fundamental works of domestic and foreign scholars were used to substantiate the idea of the ethnic core of the nation (A.D. Smith), which constitutes the “foundation” of any ethnic and national model of the state; such ethno-national models are defined: “parallel segmentation” (J. Rothschild), “clan democracy” (O. Kucherenko, O. Lisnichuk), “crossed grid”, which is transformed into “mosaic concept” (S.P. Huntington), “universal democracy” (A. Lijphart), the “cosmopolitan” model of democracy (D. Held), “racial democracy”(P. Mancini), as well as the works of P. Van den Berg, O. Kartunov, O. Kryukov, O. Kucherenko, O. Mayborody, Y. Rimarenko, L. Shklyar and others. In the scientific works of A. Andreev, A. Royce, Y. Bromley, M. Weber, G. Nodi, K. Popper, A. Smith, E. Jan, and others. main stages of ethnic and national development of states are analyzed. Paper objective.The author of the article considers the European experience on protecting national minorities’ rights and possibility of its application in the Ukrainian legislation and sees it as a basis for the ethnic and national modeling of Ukraine development. Paper main body.Author emphasizes that the European Legislation does not ensure the right to self-determination to ethnic and national minorities. Therefore, effective Constitutional and legal security for the national minorities is provided only in case of their getting the citizenship of the country they live in. Besides, their rights do not exceed the range of rights enjoying by all the citizens of the country they reside and the peculiarities of certain ethnic groups (their needs to preserve national identity, traditions, language, cultural heritage etc.) are not reflected in the legislation of the country of their residence. As a subject of the International Law and the equal participant of international communication, Ukraine ratified the majority of conventions and agreements in the field of human rights protection. The crucial issue of Ukrainian society in the legislative adjustment of ethnic and national sphere is its endeavor to respond to the European legal standards. To use the terms “ethnic groups” would be more adequate for both the genuine Ukrainians and the untitled ethnic groups. Application of the terms “native peop
问题设置。规范族裔和民族领域的法律框架决定了国家当局对名义上的乌克兰族裔群体与少数民族之间目前的族裔和民族互动模式的影响。乌克兰发展的民族和国家模式中的一个客观因素是乌克兰的政治民族,其潜在的国家-民族自决的准备是由国家和地区认同的水平决定的,其研究在现代科学中是非常需要的,现代科学从国家开始,并决定它如何影响多民族社会。最近的研究和出版物分析。在研究课题的背景下,本文利用国内外学者的基础著作来论证国家的民族核心(史密斯),它构成了任何民族和国家模式的“基础”;这样的种族-国家模式被定义为:“平行分割”(J. Rothschild),“宗族民主”(O. Kucherenko, O. Lisnichuk),“交叉网格”转化为“马赛克概念”(S.P.亨廷顿),“普遍民主”(A. Lijphart),民主的“世界主义”模式(D. Held),“种族民主”(P。Mancini),以及P. Van den Berg、O. Kartunov、O. Kryukov、O. Kucherenko、O. Mayborody、Y. rimenko、L. Shklyar等人的作品。在A. Andreev, A. Royce, Y. Bromley, M. Weber, G. Nodi, K. Popper, A. Smith, E. Jan等人的科学著作中。分析了各国民族和民族发展的主要阶段。论文目标。本文作者考虑了欧洲在保护少数民族权利方面的经验及其在乌克兰立法中适用的可能性,并将其视为乌克兰发展的民族和国家模式的基础。纸主体。撰文人强调,欧洲立法没有保证少数族裔和民族的自决权。因此,只有在少数民族获得其所居住国家的公民身份的情况下,才向他们提供有效的宪法和法律保障。此外,他们的权利不超过其居住国所有公民享有的权利范围,某些族裔群体的特点(他们需要维护民族特性、传统、语言、文化遗产等)没有反映在其居住国的立法中。乌克兰作为国际法的主体和平等参与国际交往的国家,批准了人权保护领域的大多数公约和协定。乌克兰社会在种族和国家领域的立法调整中面临的关键问题是努力适应欧洲的法律标准。对于真正的乌克兰人和没有名称的民族来说,使用“民族”一词更为恰当。对于鞑靼人或卡兰人来说,使用“土著人民”或“自治民族”这两个词可能是有争议的,因为他们实际上是过去生活的一些其他大社区的“碎片”。同样的情况也出现在语言功能问题上。欧盟国家的语言政策是在与乌克兰不同的条件下实施的:欧盟共同体的非主导语言享有保护权利。相反,在乌克兰,这个民族的语言需要一切可能的支持。在这方面,目前任何试图解决乌克兰语言政策特殊性问题的尝试都会受到欧盟共同体的批评,这可能会造成乌克兰语歧视。因此,仅仅在民族问题上模仿欧盟的经验和欧盟的立法,对于乌克兰的民族和国家政策的发展来说是不可接受的,因为乌克兰的民族和国家政策具有一定的特殊性。乌克兰存在聚乙烯的客观现实以及一些具体的国家条件要求对欧盟国家已经取得成功的种族间关系管理采取关键和建设性的各种办法。我们特别指的是有少数民族代表的协商和权威机构,特别是在教育、文化和宗教组织中;立法和行政机构(在自由和平等选举中形成);在不提供领土自治的情况下,少数民族就其真实性实行自治;关于少数民族的双边和多边协定;确保少数民族代表有权以其母语接受不同程度的教育;建立国家研究中心,以改进立法和传播有关其非歧视的信息;设立常设委员会,与适当的边界地区保持联系。 结合国家发展的民族和民族模式的特点,采用上述全面的办法,必须有利于乌克兰民族和少数民族之间关系的协调。研究结论。对有效的民族和民族国家建设模式(标题民族和少数民族)的监管和司法原则的研究使我们有理由得出结论,乌克兰所有公民都受到国家的平等保护。关于保障少数民族代表的人权,国家的依据是该法是公认的人权法的一个组成部分。为了实现乌克兰宪法的规定,确立上述规范性法律的实施程序,笔者建议通过一套法律,既规范少数民族的地位,又规范乌克兰民族的头衔民族地位。我们特别指的是乌克兰宪法第10、11和12条的序言部分,这些部分现在已在立法法案中得到了零星的落实。为了实现这一目标,我们需要对乌克兰的立法进行系统化和法典化。
{"title":"EUROPEAN REGULATORY AND LEGISLATIVE PRINCIPLES OF THE STATE AND ADMINISTRATIVE CONTROL OF THE ETHNIC AND NATIONAL SPHERE AND THEIR IMPLEMENTATION IN UKRAINIAN LEGISLATION","authors":"Борис Борисович Глотов, Микола Адамович Козловець","doi":"10.21564/2075-7190.43.187820","DOIUrl":"https://doi.org/10.21564/2075-7190.43.187820","url":null,"abstract":"Problem setting. The legal framework for regulating the ethnic and national sphere determines the influence of state authorities on the current ethnic and national model of interaction between the titular Ukrainian ethnic group and national minorities. An objective factor in the ethnic and national modeling of Ukraine’s development is the Ukrainian political nation, whose potential readiness for state-national self-determination is determined by the level of national and regional identity, whose research is extremely in demand in modern science, which begins with the state and determines how it affects poly-ethnic society. Recent research and publications analysis. In the context of the topic under study, the fundamental works of domestic and foreign scholars were used to substantiate the idea of the ethnic core of the nation (A.D. Smith), which constitutes the “foundation” of any ethnic and national model of the state; such ethno-national models are defined: “parallel segmentation” (J. Rothschild), “clan democracy” (O. Kucherenko, O. Lisnichuk), “crossed grid”, which is transformed into “mosaic concept” (S.P. Huntington), “universal democracy” (A. Lijphart), the “cosmopolitan” model of democracy (D. Held), “racial democracy”(P. Mancini), as well as the works of P. Van den Berg, O. Kartunov, O. Kryukov, O. Kucherenko, O. Mayborody, Y. Rimarenko, L. Shklyar and others. In the scientific works of A. Andreev, A. Royce, Y. Bromley, M. Weber, G. Nodi, K. Popper, A. Smith, E. Jan, and others. main stages of ethnic and national development of states are analyzed. Paper objective.The author of the article considers the European experience on protecting national minorities’ rights and possibility of its application in the Ukrainian legislation and sees it as a basis for the ethnic and national modeling of Ukraine development. Paper main body.Author emphasizes that the European Legislation does not ensure the right to self-determination to ethnic and national minorities. Therefore, effective Constitutional and legal security for the national minorities is provided only in case of their getting the citizenship of the country they live in. Besides, their rights do not exceed the range of rights enjoying by all the citizens of the country they reside and the peculiarities of certain ethnic groups (their needs to preserve national identity, traditions, language, cultural heritage etc.) are not reflected in the legislation of the country of their residence. As a subject of the International Law and the equal participant of international communication, Ukraine ratified the majority of conventions and agreements in the field of human rights protection. The crucial issue of Ukrainian society in the legislative adjustment of ethnic and national sphere is its endeavor to respond to the European legal standards. To use the terms “ethnic groups” would be more adequate for both the genuine Ukrainians and the untitled ethnic groups. Application of the terms “native peop","PeriodicalId":52895,"journal":{"name":"Visnik NIuU imeni Iaroslava Mudrogo Seriia Filosofiia filosofiia prava politologiia sotsiologiia","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86222396","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 : 2019-06-19DOI: 10.21564/2075-7190.42.170728
Мелкевик Бьярн
The author takes advantage of reading Alan Watson's book "Shame on American Legal Education" to reflect on what is happening today in iusfacultaire culture. On the basis of Watson's assertion that American legal education is shamefully bad and deficient, the author examines successively the false Socratism, which today, in an anti-pedagogical way, undermine the teaching of law; the lure of the case-book method and the legal incompetence that is lodged there; and the phenomenon of poorly trained professors and shoddy research that are becoming more and more widespread. The author deplores the fact that a new legal anti-culture has taken root in the shortcomings and that there is a rampant stupidisation of legal education. He takes a stand in favor of a legal education promoting intelligence and rationality, which takes seriously the demands of modern law and above all its quality, and who can manage the indispensable dialogue between theory of law and practice of law.
{"title":"«SHAME ON AMERICAN LEGAL EDUCATION»: AN CRITICAL READING OF ALAN WATSON","authors":"Мелкевик Бьярн","doi":"10.21564/2075-7190.42.170728","DOIUrl":"https://doi.org/10.21564/2075-7190.42.170728","url":null,"abstract":"The author takes advantage of reading Alan Watson's book \"Shame on American Legal Education\" to reflect on what is happening today in iusfacultaire culture. On the basis of Watson's assertion that American legal education is shamefully bad and deficient, the author examines successively the false Socratism, which today, in an anti-pedagogical way, undermine the teaching of law; the lure of the case-book method and the legal incompetence that is lodged there; and the phenomenon of poorly trained professors and shoddy research that are becoming more and more widespread. The author deplores the fact that a new legal anti-culture has taken root in the shortcomings and that there is a rampant stupidisation of legal education. He takes a stand in favor of a legal education promoting intelligence and rationality, which takes seriously the demands of modern law and above all its quality, and who can manage the indispensable dialogue between theory of law and practice of law.","PeriodicalId":52895,"journal":{"name":"Visnik NIuU imeni Iaroslava Mudrogo Seriia Filosofiia filosofiia prava politologiia sotsiologiia","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82316695","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}
Problem setting . The problem of protecting information freedom and finding its effective means is relevant for many countries. It is important for countries with a totalitarian past. Of particular importance for the protection of information freedom is the activity of non-state institutions. In this regard, it is necessary to develop the conceptual bases of the right to information. Currently, there are no unambiguous approaches to the definition of the essence of the right to information. Considerable attention is paid to the relation between the right to information and other information rights and freedoms. First of all, there is interest in the relation between the right to information and freedom of speech, since the right to information is derived from freedom of speech. The need to institutionalize the right to information actualizes the problem of determining its essence and content by correlating with other similar concepts. Recent research and publications suggest that the problem of the right to information and its relation to freedom of speech is well developed. The right to information is considered as a composite part of the freedom of speech and press. Another approach assumes the independent status of the right to information, as it provides a person with the process of adaptation in society. The right to information acts as a social copy of the traditional freedom of speech. Separately considered the right to information in the context of the right to free access to information. However, no single concept of the right to information has been formulated. Paper objective . The aim of the paper is to attempt a philosophical conceptualization of the human right to information. Paper main body . The right to information is more meaningful than freedom of speech. It is not absorbed by the freedom of speech and is not its element. It implies the right to objective information about events in society, and freedom of speech is aimed at the free circulation of thoughts and positions of particular individuals. For the realization of the right to information, free access to sources of meaningful information is important. And for the exercise of freedom of speech such access is not significant. Freedom of speech provides a free discussion of events in society, and with the help of the right to information, civil society is provided with information for public debates. Of particular note is the relation between the concepts of “right to information” and “freedom of information”. Freedom of information is considered as an element of freedom of speech, which consists in the authority to disseminate messages and to receive information freely. On the other hand, the concept of information includes the concepts of "opinion", "free word", "position". It means that freedom of information includes in its content the traditional freedom of speech. In the sphere of information rights, there are active and passive aspects. The right to information can b
{"title":"ESSENTIAL CHARACTERISTICS OF THE RIGHT TO INFORMATION","authors":"Світлана Борисівна Жданенко, Юлія Василівна Мелякова","doi":"10.21564/2075-7190.42.170775","DOIUrl":"https://doi.org/10.21564/2075-7190.42.170775","url":null,"abstract":"Problem setting . The problem of protecting information freedom and finding its effective means is relevant for many countries. It is important for countries with a totalitarian past. Of particular importance for the protection of information freedom is the activity of non-state institutions. In this regard, it is necessary to develop the conceptual bases of the right to information. Currently, there are no unambiguous approaches to the definition of the essence of the right to information. Considerable attention is paid to the relation between the right to information and other information rights and freedoms. First of all, there is interest in the relation between the right to information and freedom of speech, since the right to information is derived from freedom of speech. The need to institutionalize the right to information actualizes the problem of determining its essence and content by correlating with other similar concepts. Recent research and publications suggest that the problem of the right to information and its relation to freedom of speech is well developed. The right to information is considered as a composite part of the freedom of speech and press. Another approach assumes the independent status of the right to information, as it provides a person with the process of adaptation in society. The right to information acts as a social copy of the traditional freedom of speech. Separately considered the right to information in the context of the right to free access to information. However, no single concept of the right to information has been formulated. Paper objective . The aim of the paper is to attempt a philosophical conceptualization of the human right to information. Paper main body . The right to information is more meaningful than freedom of speech. It is not absorbed by the freedom of speech and is not its element. It implies the right to objective information about events in society, and freedom of speech is aimed at the free circulation of thoughts and positions of particular individuals. For the realization of the right to information, free access to sources of meaningful information is important. And for the exercise of freedom of speech such access is not significant. Freedom of speech provides a free discussion of events in society, and with the help of the right to information, civil society is provided with information for public debates. Of particular note is the relation between the concepts of “right to information” and “freedom of information”. Freedom of information is considered as an element of freedom of speech, which consists in the authority to disseminate messages and to receive information freely. On the other hand, the concept of information includes the concepts of \"opinion\", \"free word\", \"position\". It means that freedom of information includes in its content the traditional freedom of speech. In the sphere of information rights, there are active and passive aspects. The right to information can b","PeriodicalId":52895,"journal":{"name":"Visnik NIuU imeni Iaroslava Mudrogo Seriia Filosofiia filosofiia prava politologiia sotsiologiia","volume":"114 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77766697","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 : 2019-06-19DOI: 10.21564/2075-7190.42.170773
Ганна Вікторівна Коваленко
{"title":"INFLUENCE OF OF LEGAL POSITIVISM ON FORMING PHILOSOPHICAL AND LEGAL IDEAS IN DECISION MAKING BY THE SUPREME COURT OF THE USA","authors":"Ганна Вікторівна Коваленко","doi":"10.21564/2075-7190.42.170773","DOIUrl":"https://doi.org/10.21564/2075-7190.42.170773","url":null,"abstract":"","PeriodicalId":52895,"journal":{"name":"Visnik NIuU imeni Iaroslava Mudrogo Seriia Filosofiia filosofiia prava politologiia sotsiologiia","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82474022","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}