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The Pension Fund of Ukraine: Rethinking Risk Management during the Creation 乌克兰养老基金:创建过程中风险管理的再思考
Pub Date : 2020-06-01 DOI: 10.29202/up/6/2
V. Fatkhutdinov
during the The article is dedicated to the establishment and first steps of the work of the Pension Fund of Ukraine. After the declaration of independence and the creation of a democratic new Ukraine among other issues, the question arose of the formation in Ukraine of its own financial body that would provide retirees with retirement benefits. In early 1990, a special working group was set up under the USSR Council of Ministers, and the necessary legal framework was developed during the year. On December 21, 1990, the decision was made to establish the Ukrainian Republican Branch of the USSR Pension Fund. The resolution testified not only the emergence of a new financial institution in the state, but also the beginning of new revolutionary changes in the ideology of the functioning of the pension system, which now did not rely mainly on the state budget, but received targeted sources of replenishment, its own mechanisms for their accumulation and the distribution and, most importantly, the opportunity to involve other social partners — employers and employees — in financial participation in the resolution of retirement benefits.
在此期间,本文致力于乌克兰养恤基金的建立和工作的第一步。在宣布独立和建立一个民主的新乌克兰等问题之后,出现了在乌克兰成立自己的财政机构的问题,该机构将向退休人员提供退休福利。1990年初,在苏联部长理事会下设立了一个特别工作组,这一年制订了必要的法律框架。1990年12月21日,决定设立苏联养恤基金乌克兰共和国分部。该决议不仅证明了国家中出现了一个新的金融机构,而且还证明了养老金制度运作的意识形态开始出现新的革命性变化,现在养老金制度不再主要依靠国家预算,而是获得了有针对性的补充来源,有了自己的积累和分配机制,最重要的是,有了让其他社会伙伴- -雇主和雇员- -参与的机会在财务上参与解决退休福利问题。
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引用次数: 3
The Perspectives of Human Freedom in a Post-Pandemic Social Reality 后疫情社会现实中的人类自由观
Pub Date : 2020-06-01 DOI: 10.29202/up/6/7
Wiktor Mozgin
The Perspectives of Human Freedom In a Post-pandemic Social Reality. What will the post-pandemic world be alike? This is undoubtedly an issue that interests many people around the world. One thing is certain — the world after the pandemic caused by the SARS-CoV-2 virus will be different. This is primarily due to the noticeable processes of redefining the fundamental spheres of human functioning. This article presents a different perspective on the fight against a deadly virus because the essential aspect that is taken into account is the concept of social freedom. The different view of the coronavirus narrative lies in the pragmatic approach that allows indicating the processes and mechanisms of limiting social freedom under the pretext of fighting the SARS-CoV-2 virus. The research methods used for this purpose, characteristic of social sciences and humanities, make it possible to determine the discourse according to which the authorities of individual countries operate. Interesting in this context is also the process of imposing prohibitions and orders from society, which, through social apathy and fear of responsibility, will, in the future, become a social norm, thereby legitimizing the non-humanistic state control over society. ,
大流行后社会现实中的人类自由透视。大流行后的世界会是什么样子?这无疑是一个全世界许多人都感兴趣的问题。有一件事是肯定的——由SARS-CoV-2病毒引起的大流行之后的世界将是不同的。这主要是由于重新定义人类功能的基本领域的显著过程。这篇文章提出了与致命病毒作斗争的不同观点,因为所考虑的基本方面是社会自由的概念。对冠状病毒叙事的不同看法在于,以务实的方式表明了以抗击新冠病毒为借口限制社会自由的过程和机制。为此目的所使用的研究方法是社会科学和人文科学的特点,可以确定个别国家当局所依据的话语。在这种背景下,有趣的是社会强加禁令和命令的过程,通过社会的冷漠和对责任的恐惧,这些禁令和命令将在未来成为一种社会规范,从而使非人道主义国家对社会的控制合法化。,
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引用次数: 5
Legal Thinking on the Participation of Traditional Chinese Medicine in Public Health Emergencies 中医药参与突发公共卫生事件的法律思考
Pub Date : 2020-06-01 DOI: 10.29202/up/6/1
Chen Xinghua
The healing effect of traditional Chinese medicine in the epidemic situation with COVID-19 is increasingly confirmed. In a medical system dominated by Western medicine, it is necessary to overcome many obstacles to the participation of traditional Chinese medicine in responding to public health emergencies. This includes (a) natural institutional difficulties; (b) insufficient regulatory ability of traditional Chinese medicine and lack of provisions Traditional Chinese emergency medicine of the public health legal system; (c) the lack of a rational understanding of traditional medicine by the population; and (d) the dilemma of the practice of traditional Chinese doctors. To fully appreciate the role of traditional Chinese medicine in responding to public health emergencies, it is necessary (a) to improve the relevant public health emergency laws; (b) improve the status of local branches of traditional Chinese medicine; (c) strengthen advocacy for the development of traditional Chinese medicine; (d) expand the areas of traditional Chinese medicine in public health emergency management, as well as the openness of traditional Chinese traditional medicine in public health emergencies.
中医药在新冠肺炎疫情中的疗效日益得到证实。在以西医为主的医疗体系下,中医药参与应对突发公共卫生事件需要克服诸多障碍。这包括(a)自然的体制困难;(二)中医药监管能力不足,公共卫生法律体系缺乏对中医急诊的规定;(c)民众对传统医学缺乏理性的了解;(四)中医执业的困境。为充分发挥中医药在应对突发公共卫生事件中的作用,有必要(一)完善突发公共卫生事件相关法律;(b)提高地方中医分支机构的地位;(三)加强对中医药发展的宣传;(四)扩大中医药在突发公共卫生事件管理中的领域,扩大中医药在突发公共卫生事件中的开放性。
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引用次数: 0
Construction of Law-based Government in the Context of Counteraction to COVID-19 应对新冠肺炎背景下的法治政府建设
Pub Date : 2020-06-01 DOI: 10.29202/up/6/8
W. Tang, Xuelu Qiu
,
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引用次数: 5
Paradigms of the Nations Classification in European and Soviet Marxism 欧洲和苏联马克思主义的国家分类范式
Pub Date : 2020-06-01 DOI: 10.29202/up/6/9
S. Rudenko, V. Vilkov
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引用次数: 1
Construction of Public Health Safety Legal System Framework from the Perspective of Precautionary Principle 预防原则视角下的公共卫生安全法律体系框架构建
Pub Date : 2020-06-01 DOI: 10.29202/up/6/4
Zhu He
Construction of Public Health Safety Legal System Framework from the Perspective of Precautionary Principle. Ukrainian The outbreak of COVID-19 has plunged China and the world into a dilemma in dealing with sudden social and public health incidents. The epidemic has affected both the economy and society as a whole. From the perspective of the principle of precautionary, the existing legal framework for public health security has three major dilemmas, namely, lack of information regulation, unbalanced decentralization regulation, and lack of effectiveness regulation. In order to better cope with the epidemic situation caused by the novel coronavirus, the legal system of the public health system should be reconstructed from the three dimensions of perfect information regulation, decentralization regulation and effectiveness regulation to deal with the crisis.
预防原则视角下的公共卫生安全法律体系框架构建。新冠肺炎疫情的爆发,使中国和世界陷入了应对突发性社会公共卫生事件的两难境地。这一流行病对整个经济和社会都产生了影响。从预防原则的角度看,现有的公共卫生安全法律框架存在三大困境,即信息监管缺失、分权监管失衡、有效性监管缺失。为了更好地应对新型冠状病毒引起的疫情,应从完善的信息监管、分权监管和有效性监管三个维度重构公共卫生系统的法律体系,以应对危机。
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引用次数: 0
The Criminal Law Regulation of the Behavior of Fabricating and Deliberately Disseminating False Information of Epidemic 编造、故意传播疫情虚假信息行为的刑法规制
Pub Date : 2020-06-01 DOI: 10.29202/up/6/10
T. Zhang
The and Deliberately Disseminating Ukrainian 6, As of January 2020, the outbreak of the COVID-19 epidemic began that affected China and the whole world. Contrary to the efforts of people from all walks of life to contain the epidemic, illegal activities, even crimes, that interfere with the prevention and containment of the virus frequently occur, among which, making and maliciously spreading misinformation related to the epidemic is very common, which action, obstructs the efforts of virus prevention and containment as well as results in a substantial harm to the social stability and public order. The state authorities concerned, encountered by such challenge, have made efforts to crack down upon this kind of act. However, as in criminalization of such acts, it remains disputed in theory and difficult in identification in practice, determination of such a crime of making and maliciously spreading epidemic-related misinformation remains unsatisfactory in effect. This thesis conducts an analysis and puts forward proposals on the questions that arise in the criminalization of such act by the Criminal Law, which may be broken into three parts: firstly, it analyzes the justifiableness of criminalization of making and maliciously spreading epidemic-related misinformation from the perspective of jurisprudence; secondly, it offers after analysis and comparison principles that should be followed in the criminalization of such act; and thirdly, it reviews the issues of categorization, legal basis thereof and crime determination and exculpations under Article 291.1.1, Article 291.1.2 and Article 293 of the Criminal Law, and offers proposals on criminal law application.
故意散播乌克兰6,截至2020年1月,新冠肺炎疫情开始爆发,影响到中国和全世界。与各行各业遏制疫情的努力相反,干扰病毒预防和遏制的非法活动甚至犯罪频繁发生,其中制造和恶意传播与疫情有关的错误信息非常常见,阻碍了病毒的预防和遏制工作,对社会稳定和公共秩序造成了重大危害。遇到这种挑战,有关国家当局已努力打击这种行为。然而,正如对这类行为的刑事定罪一样,在理论上仍然存在争议,在实践中也很难确定,对制造和恶意传播与流行病有关的错误信息这一罪行的认定实际上仍然不令人满意。本文对《刑法》将此类行为定为刑事犯罪的问题进行了分析并提出了建议,可分为三个部分:首先,从法理学的角度分析了制造和恶意传播与疫情有关的虚假信息定为刑事罪的正当性;其次,经过分析和比较,提出了对此类行为定罪应遵循的原则;第三,对刑法第二百九十一条第一款、第二百九十二条第二款第二款和第二百九十三条关于犯罪的分类、法律依据以及犯罪的认定和开脱等问题进行了评述,并对刑法适用提出了建议。
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引用次数: 2
The Specifics of the Formation of Think Tanks’ System in Asia (the Case of Japan) and Australia 亚洲(以日本为例)和澳大利亚智库体系形成的具体情况
Pub Date : 2020-01-01 DOI: 10.29202/up/7/6
Ihor Petrenko, V. Filipchuk
The article deals with the analysis of the specifics of the formation of a think tanks’ system in Asia (the case of Japan) and Australia. It is noted that Japanese think tanks increase their influence on public policy and important public decisions. Initiators and sponsors of think tanks — enterprises, foundations, government agencies, local governments, political parties and individuals. In general, a network of competing think tanks is being formed. It is argued that Australia’s think tanks occupy a specific niche in the country’s political system and help the government to develop a balanced and optimal public policy in all spheres of public life. It is pointed out that the dominant types of think tanks in Australia are autonomous and independent, quasi-independent and university. The emergence of Australian think tanks is generally in line with the global dynamics of growth in the number of think tanks.
本文以亚洲(日本)和澳大利亚为例,分析了智库体系形成的具体情况。委员会注意到,日本智库对公共政策和重要公共决策的影响越来越大。智库的发起者和赞助者——企业、基金会、政府机构、地方政府、政党和个人。总的来说,一个相互竞争的智库网络正在形成。有人认为,澳大利亚的智库在该国的政治体系中占有特定的地位,并帮助政府在公共生活的各个领域制定平衡和最佳的公共政策。指出澳大利亚智库的主要类型是自治独立、准独立和大学型。澳大利亚智库的出现总体上符合全球智库数量增长的动态。
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引用次数: 1
Socio-Political Image of the Kyiv Philosophical School: from Internal Resistance to Open Attitude 基辅哲学学派的社会政治形象:从内部抵抗到开放态度
Pub Date : 2020-01-01 DOI: 10.29202/up/7/10
H. Vdovychenko
The article deals with the specifics of the socio-political image of the Kyiv philosophical school of the second half of the 20 th century as an innovative academic project of directors of the Institute of Philosophy of the Academy of Sciences of the Ukrainian SSR, Academicians P. Kopnin and V. Shynkaruk. Their democratic vision of the foundations of educational and scientific processes in the Ukrainian SSR during the Khrushchev thaw was fruitfully embodied by the illustrious generation of the creators of this school or philosophers of the sixties. The study of a significant part of their memories, mainly realized in T. Chaika’s project “The Philosophers’ Oral Histories” a series of autobiographical reconstructions by Academicians S. Krymskyi, V. Horskyi, M. Popovych, as well as the ones of their colleagues S. Proleev and Y. Stratii, carried out thanks to the Student Society of Oral History of Philosophy, organized at the Department of the History of Philosophy of the Taras Shevchenko National University of Kyiv, testifies to the manifestation of a wide range of their civic stands from apolitical non-conformism to nationally oriented dissidence. An analysis of the memories of these members of the two most non-conforming departments of the said institute, namely of the History of philosophy in Ukraine and of the Logic and methodology of science, as well as the memoirs of their colleagues, primarily V. Lisovyi, allows us to recognize the Kyiv philosophical school as a domestic academic micromodel-prototype of an open society with its apparent: democracy, opposition to xenophobia, primarily to anti-Semitism and Ukrainophobia, resistance to official dogmatization of state ideology, openness to international experience in the context of direct dialogue and, which is fundamentally important, awareness of their role in the study and preservation of the spiritual, primarily philosophical, experience of the Ukrainian people and all ethnic groups in Ukraine.
本文探讨了20世纪下半叶基辅哲学学派作为乌克兰苏维埃社会主义共和国科学院哲学研究所所长P. Kopnin和V. Shynkaruk院士的创新学术项目的社会政治形象的具体内容。他们对赫鲁晓夫解冻时期乌克兰苏维埃社会主义共和国教育和科学进程基础的民主愿景,在这一学派的杰出一代创造者或60年代的哲学家身上得到了富有成效的体现。对他们记忆的重要部分的研究,主要是在T. Chaika的项目“哲学家的口述历史”中实现的,这是一系列由S. Krymskyi, V. Horskyi, M. Popovych院士以及他们的同事S. Proleev和Y. Stratii进行的自传重建,感谢在基辅塔拉斯舍甫琴科国立大学哲学系组织的哲学口述历史学生协会。证明了他们广泛的公民立场的表现,从非政治的不墨守成规到以国家为导向的异议。对上述研究所两个最不一致的部门,即乌克兰哲学史和科学逻辑和方法论部门的这些成员的记忆进行分析,以及他们的同事(主要是V. Lisovyi)的回忆录,使我们能够认识到基辅哲学学派是一个国内学术微观模型-开放社会的原型,其明显:民主,反对仇外心理,主要是反对反犹太主义和乌克兰恐惧症,反对官方对国家意识形态的教条化,在直接对话的背景下对国际经验持开放态度,以及至关重要的是,认识到他们在研究和保存乌克兰人民和乌克兰所有族裔的精神经验,主要是哲学经验方面的作用。
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引用次数: 4
Aggressiveness in Interpersonal Arguing from Multimodal Argumentation View 从多模态论证看人际争论中的攻击性
Pub Date : 2020-01-01 DOI: 10.29202/up/7/4
I. Khomenko, Kateryna Bura
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引用次数: 2
期刊
Ukrainian Policymaker
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