scholarly journals Formation And Development Of Constitutional And Legal Responsibility In Ukraine During The Cossack Republic And The Hetman State

Author(s):  
V.V. Knysh

This scientific article is devoted to the problems of formation and development of the institute of constitutional and legal responsibility in the period of the Cossack republic and the Hetman state. A special role here belongs to the legal enshrinement of this institution in the provisions of the Constitution of Philip Orlyk. In general, in legal science there are various scientific directions in the definition of constitutional liability. Such scientific approaches can be combined into four groups, in particular: 1)    scientific direction, which is based on the substantiation of a narrow understanding of constitutional and legal responsibility, which is based on the recognition of only retrospective (negative) constitutional and legal responsibility; 2)    scientific direction, which substantiates a broad understanding of constitutional and legal responsibility, which involves a combination of retrospective (negative) and long-term (positive) responsibility; 3)    scientific direction, which distinguishes between retrospective (negative) and long-term (positive) responsibility; 4) scientific direction, which substantiates both the combination of retrospective (negative) and perspective (positive) responsibility, and the existence of only retrospective (negative) responsibility. At the same time, in the context of the latest trends in Ukrainian state-building and law-making, as well as taking into account the need for historical and legal (rather than purely theoretical, sectoral or institutional) study of the needs of transformation of legal responsibility in Ukraine and its individual types, constitutional and legal responsibility needs separate scientific research from a historical and legal point of view, including the formation and development during the Cossack republic and the Hetman state. According to the author, the acts of the Cossack republic and the Hetman state, and especially the Constitution of Pylyp Orlyk of 1710 not only determined the foundations of the political and socio-economic system of Ukraine, the apparatus of state power on the basis of division of power into legislative, executive and judicial, but also provided constitutional legal responsibility as a means of ensuring interaction between branches of government and a means of their effective functioning. This constitutional and legal responsibility existed both in the form of positive responsibility, which manifested itself in a clear definition of the powers of authorities and the establishment of ways and forms of interaction between them, and in the form of negative responsibility, which provided for sanctions against officials at all levels.

Author(s):  
Yevhen Nakhlik

The article draws a parallel between P. Kulish’s and I. Franko’s disposition to the age-related ideological autorevision. It is argued that, experiencing evolution of the worldview and creative work, revising his own early radical social impulses caused by the ‘national radical stage’ (Franko’s definition) of liberation movement in Halychyna, mature Franko in 1896 – 1907 got closer to the views of P. Kulish, especially those of the late period of his life (1874 – 1897). Like the latter, Franko defended the right to worldview evolution and changing views. These typological coincidences consisted also in the movement from the center-left forces to the right-centered ones; the transition to the primacy of the national idea over the social one; the drastic national self-criticism and simultaneous emphasis on the nation-building and state-building; gradual reorientation from the idea of social revolutionary development of society to evolutionary progress and moderate “means and ways of acting and speaking” (as Franko called it); the warnings against admiring communist illusion, against ochlocracy; and, finally, in the focus on the leading role of the nationally conscious Ukrainian intellectuals in the liberation struggle. Ideological and formal parallels between Franko and Kulish were revealed not only in the letters and journalism, but also in Franko’s practice of grounding his works on the materials of the national, biblical and Christian history and mythology (i. e. literary historicism and mythologism, focused on the present, the future and the author’s personality; symbolic autobiography). From this point of view it is worth to compare:  “Pisnia Budushchyny” (“Song of Future”) – “Try Braty” (“Three Brothers”); “Pokhoron” (“Funeral”), “Ivan Vyshenskyi” – “Velyki Provody” (“Great Farewell Procession”), “Marusia Bohuslavka”, “Dramovana Trylohiia” (“Drama-like Trilogy”); “Moisei” (“Moses”) – “Mahomet i Khadyza” (“Muhammad and Hadiza”), “Duma-Perestoroha, Velmy na Potomni Chasy Potribna” (“Warning Refl ections that will be Needed in Future”); “Strashnyi Sud” (“The Last Judgement”) – “Kulish u Pekli” (“Kulish in Hell”); “Slavianska Oda” (“Slavic Ode”) – “Tsarski Slova” (“Royal Words”).


Author(s):  
Olga Rudkovskaya ◽  
Vladimir Gerasenko

The article considers approaches to the definition of strategic financial planning, reveals their shortcomings and advantages. Objective: To create a methodological basis for the development of the organization's financial strategy. Methodology: The article is based on the results of research of modern domestic and foreign theories of strategic planning. Application of the results: Increase the validity of the management decisions made based on the results of strategic financial planning. Conclusions: Strategic financial planning is proposed to be considered from the point of view of the system and process approach, which will allow to create an effective functional apparatus, including a system of goals and objectives, principles and tools for the formation and use of financial resources to carry out the activities on developing the directions of organization growth. The formed algorithm of developing a strategic financial planning model allows to take into account the organization’s life cycle stage and its market position in the industry when determining the target parameters of financial development in the long term perspective. An indicator of maximizing the return to capital represented by own and borrowed funds is proposed as a key indicator of the model under consideration. Complying with the set of limitations developed, this indicator provides a more reliable and comprehensive assessment of organization’s development planned directions.


2021 ◽  
Vol 10 (525) ◽  
pp. 267-273
Author(s):  
Y. Y. Kopcha ◽  

The scientific article is aimed at defining and studying the basis of strategic determinants of the formation of competitive advantages of innovative development of enterprise. Using methods of analysis, systematization, generalization and synthesis, the works of domestic and foreign scholars on the peculiarities of ensuring strategic determinants of the formation of competitive advantages of innovative development of enterprise were studied. It is noted that the strategic determinants of innovative development of enterprise are the reasons, factors and conditions that encourage the management of enterprise towards activities, managerial decisions and development of business models that lead to the formation of innovative development strategies implemented through the use of modern innovative, digital, process-oriented and cognitive instruments designed to achieve long-term goals of the enterprise in ensuring competitive advantages. As a result of the research, the structural construction of strategic determinants of innovative development of enterprise in the conditions of achieving competitive advantages is formed and substantiated. The main tendencies of modern aspects of competitive advantages of innovative development of enterprises are identified. The peculiarities of formation of innovative development of competitive advantages of enterprise within terms of strategic determinants are considered. Prospects for further research in this direction are the definition of practical aspects of strategic determinants of the formation of competitive advantages of innovative development of enterprises in a crisis. Deepening the research is directed towards the use of competitive advantages of innovative development by enterprises in the field of management of economic potential.


2008 ◽  
Vol 3 (2) ◽  
pp. 59-73 ◽  
Author(s):  
Josh Lubell ◽  
Sudarsan Rachuri ◽  
Mahesh Mani ◽  
Eswaran Subrahmanian

Ensuring the long-term usability of engineering informatics (EI) artifacts is a challenge, particularly for products with longer lifecycles than the computing hardware and software used for their design and manufacture. Addressing this challenge requires characterizing the nature of EI, defining metrics for EI sustainability, and developing methods for long-term EI curation. In this paper we highlight various issues related to long-term archival of EI and describe the work towards methods and metrics for sustaining EI. We propose an approach to enhance the Open Archival Information System (OAIS) functional model to incorporate EI sustainability criteria, Digital Object Prototypes (DOPs), and end user access requirements. We discuss the end user’s requirements from the point of view of reference, reuse and rationale – the “3Rs” – to better understand the level of granularity and abstractions required in the definition of engineering digital objects. Finally we present a proposed case study and experiment.


Author(s):  
Mikhail Mints ◽  

This review article deals with a collection of essays published in «Europe-Asia Studies», vol. 71, N 6 (2019), the authors of which are analyzing Stalinism as a specific exemplar of state-building. Their research is based on various concepts of modern social sciences, especially on the theory of the developmental state. The authors show the new opportunities provided by such an approach and suggest the main directions of further study of the political history of the USSR from this point of view.


1979 ◽  
Vol 12 (2) ◽  
pp. 281-313
Author(s):  
Bonnie Campbell ◽  
Denis Monière

The object of this article is to inquire into the heuristic capacity of Easton's model of analysis. If one accepts that from an epistemological point of view there is an articulation between historically situated social practice and the formulation of concepts which attempt to represent and explain a particular situation, one is then led to question whether a theory produced in this way is capable of comprehending a different social reality which corresponds to other parameters of time and space and which is therefore characterized by a totally different problematic.After having set out the hypotheses and the logic inherent in the Eastonian model, the authors apply these to a stateless society—that of the Adioukrou. They then proceed to suggest the limitations of the definition of the “political” contained in this model which is based on a specific definition of the division of labour. Without denying the existence of the political in stateless societies, the authors argue that the hypothesis of functional differentiation cannot be applied in all cases and therefore cannot be taken for granted; that one cannot identify the boundaries of the “political” in such societies and finally that one cannot speak of the specialization of functions within different systems in any transferable or automatic sense. In a society based on lineages such as that of the Adioukrou where the organization of production is based on the village community and where there is absence of the appropriation of the means of production on a private basis, it is impossible to identify the specificity of the “political” as opposed to other areas of social interactions.


2016 ◽  
Vol 8 (1) ◽  
pp. 31-36 ◽  
Author(s):  
Avinash R. Patwardhan

Research on yoga is witnessing an unprecedented proliferation currently, partly because of great interest in yoga’s health utility. However, yoga research does not seem to be sufficiently public health oriented, or its quality corresponding to its quantity. Yoga research is falling short to enable key stakeholders like end users, prescribers, and payers to meaningfully, confidently, and fruitfully answer the questions like: Is it generalizable? Is it standardizable? Which yoga style should be used/recommended/paid for? Or will it be worth the money? Therefore, it is important to examine the alignment to purpose or value of yoga research from a public health point of view so as to make it more practical. The issues such as lack of clear definition of yoga, wide variation in its dosage, cacophony of lineage-based styles, no data about comparative effectiveness between the yoga components, confounders and biases clouding the evidence regarding its benefits, too little data on long-term adherence, equivocal results about its cost effectiveness, discussions lacking embrace of better methods in research, and absence of a theory of yoga are examined. This is not a detailed discussion of every issue yoga research faces, but a high-level overview of those that have direct practical bearing. In the end, a few pragmatic approaches are offered. The article suggests that yoga-component analysis, development of a theory of yoga, adoption of a health-aligned functional typology of yoga, development and testing of a simple universal basic prototype of yoga intervention, emphasis on research about long-term adherence, and discouragement for mere proof of concept research might make yoga research serve the stakeholders better. It urges the research community to practice “context cognizant scholarship” to disentangle health compatible yoga from its historical-cultural-social body before examining it for health or medical application.


1963 ◽  
Vol 4 (1) ◽  
pp. 82-96
Author(s):  
R. S. Milne

This article is intended as a ‘footnote’, written from the political science point of view, to more comprehensive accounts of the subject. Its main concern is to underline some respects in which Philippine nationalism is atypical in Southeast Asia. It is not proposed to define nationalism. Many definitions seem to fall into one of two groups, the unsatisfyingly general or the (still unsatisfying)determinedly specific. An example of the former is that nationalism consists in “on one side the love of a common soil, race, language or historical culture…” This immediately prompts the question, “which soil, which race etc.”? The latter group is exemplified by the definition of Karl W. Deutsch, which is based on the existence of “complementary habits and facilities of communication.”


Author(s):  
Rosanna Cataldo ◽  
Maria Gabriella Grassia ◽  
Paolo Mazzocchi ◽  
Claudio Quintano ◽  
Antonella Rocca

Society and policy makers demand innovation systems oriented towards several goals of sustainable development. Therefore, recent literature has dedicated a growing interest to both innovation and sustainability in the pursuit of environmental, economic and social development; in addition, the emerging topic of ‘sustainable innovation’ (and ‘eco-innovation’) seems to combine the main features of them. The definition of these concepts has been significantly changed during the last decades, and a broad discussion continues today about which indicators should be used to measure innovation, sustainability and their combination. The current paper investigates this relationship, and - in the authors’ opinion - the research question connected to the impact of the innovative product (and service and process) solutions on sustainability can be addressed by means of a stable theoretical framework. To study the interaction between innovation and sustainability, the usage of specific territorial features might represent a useful perspective to manage short-and long-term environmental and economic issues. As for the theoretical model, the present article considers a specific technique suitable for investigating the entire set of characteristics involved in the model. From a public makers and managerial point of view, the possibility of improving the firm’ efficiencies in terms of several dimensions of sustainable innovation represents a relevant topic that must be encouraged.


2021 ◽  
Vol 66 ◽  
pp. 288-293
Author(s):  
T.V. Mikhailina ◽  
Yu. Gotsulyak ◽  
А. Gel

The scientific article is devoted to the analysis and rethinking of the category «sanction» in the theory of law and branch jurisprudence.As a result of the conducted research, the general theoretical definition of the category «sanction» as part of a legal norm that provides for negative consequences of non-compliance or improper implementation of the rule enshrined in the disposition of the rule of law, is supported.It is noted that, despite the existence of certain terminological differences, in general, the sciences of criminal law and the theory of law are moving in the same direction regarding the definition of sanctions and their classification, which cannot be said about other branches of law. In the science of civil law, modern definitions take us not only beyond the legal norm, but also beyond the law as a whole, focusing on the ability of sanctions to be contained in the contract between the parties, and therefore associating the sanction not with part of the legal norm, but with legal responsibility as such. And sanctions in economic law fully relate to the type and degree of responsibility.It is concluded that theoretical approaches to the definition of sanctions in administrative law can be clearly divided into two groups, the first of which «fits» into the general understanding of sanctions. When referring to the latest doctrinal sources (the second group), there is a significant variability in them and attempts to move away from the established definition. Moreover, the understanding of the sanction goes far beyond both the legal norm and legal liability, extending it, among other things, to preventive measures.Thus, it is necessary to distinguish the category of «sanction» as specifically restrictive measures, as measures of legal liability and as a structural element of a legal norm. Moreover, if the term «sanction» may well be applied to restrictive measures, which is due to the etymology of this concept, then the identification of sanctions as an element of a legal norm and measures of legal liability should be completely excluded. The use of such categories as synonymous at both the doctrinal and practical levels leads to legal uncertainty and confusion of concepts.


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