Cuestiones Politicas最新文献_第2页

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

Cuestiones Politicas Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.55

Paulo Vitorino Fontes

{"title":"Recognition and normative reconstruction as a theory of justice in Axel Honneth","authors":"Paulo Vitorino Fontes","doi":"10.46398/cuestpol.4177.55","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.55","url":null,"abstract":"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.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41463460","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}

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

Cuestiones Politicas Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.13

A. Liasota, Y. Kobets, Kateryna Dobkina, Valentyna Yakubina, Vadim Penyuk

{"title":"Implementation of an effective system for monitoring the application of gender equality policy: Experience from European Union countries","authors":"A. Liasota, Y. Kobets, Kateryna Dobkina, Valentyna Yakubina, Vadim Penyuk","doi":"10.46398/cuestpol.4177.13","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.13","url":null,"abstract":"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.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49490272","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}

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

Cuestiones Politicas Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.36

N. Sergiienko, Serhii V. Suslin, Vira Pyrohovska, Volodymyr Serha, Kotovych Ihor

{"title":"Automated system of court enforcement proceedings as element of information provision for compulsory enforcement of decisions","authors":"N. Sergiienko, Serhii V. Suslin, Vira Pyrohovska, Volodymyr Serha, Kotovych Ihor","doi":"10.46398/cuestpol.4177.36","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.36","url":null,"abstract":"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.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49265868","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}

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

Cuestiones Politicas Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.22

Volodymyr Horbalinskiy, O.Yu. Leshchenko, Olga Mashchenko, Yevhen Leheza, K. Prymakov

{"title":"Ways to protect the rights of individuals in administrative proceedings: legal regulation and international experience international experience","authors":"Volodymyr Horbalinskiy, O.Yu. Leshchenko, Olga Mashchenko, Yevhen Leheza, K. Prymakov","doi":"10.46398/cuestpol.4177.22","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.22","url":null,"abstract":"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.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47657484","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}

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

Cuestiones Politicas Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.17

N. Shelever, N. Filipska, L. Varunts, V. Pylyp, Diana Voron

{"title":"Constitutional law and judicial guarantees: their structure and interpretation at the national and international level","authors":"N. Shelever, N. Filipska, L. Varunts, V. Pylyp, Diana Voron","doi":"10.46398/cuestpol.4177.17","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.17","url":null,"abstract":"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.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46686370","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}

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

Cuestiones Politicas Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.21

S. Shatrava, Serhii Vylkov, Ye.Yu. Sobol, N. Maksymenko, I. Zelenko

{"title":"Legal guarantees of lawyers’activities with respect to the provision of free secondary legal aid in the administrative court system","authors":"S. Shatrava, Serhii Vylkov, Ye.Yu. Sobol, N. Maksymenko, I. Zelenko","doi":"10.46398/cuestpol.4177.21","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.21","url":null,"abstract":"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.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47087293","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}

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

Cuestiones Politicas Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.45

O. Horoshynskyi

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

Cuestiones Politicas Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.42

Freddy Lenin Villarreal Satama, Diego Alejandro Jaramillo Arango

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

Cuestiones Politicas Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.30

I. Khomyshyn, I. Dragan, O. Sidelkovskyi, P. Yepryntsev, O. Fatkhutdinova

{"title":"Features of the Functioning of the Legal System in the Context of Digitalization Processes","authors":"I. Khomyshyn, I. Dragan, O. Sidelkovskyi, P. Yepryntsev, O. Fatkhutdinova","doi":"10.46398/cuestpol.4177.30","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.30","url":null,"abstract":"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.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41724736","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}

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

Cuestiones Politicas Pub Date : 2023-05-28 DOI: 10.46398/cuestpol.4177.52

Oleksandr Nazarovich Yarmysh, Serhii Ivanovych Khalymon, Yevhen Viktorovich Zozulia, Yuliia Petrivna Stepanova

{"title":"Personality characteristics of the participant in an armed or paramilitary unit not provided for by law","authors":"Oleksandr Nazarovich Yarmysh, Serhii Ivanovych Khalymon, Yevhen Viktorovich Zozulia, Yuliia Petrivna Stepanova","doi":"10.46398/cuestpol.4177.52","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.52","url":null,"abstract":"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.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43189013","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}

引用次数: 0