scholarly journals Prohibition of Censorship as a Guarantee of Freedom of Mass Media in Russia and Germany

2021 ◽  
Vol 21 (3) ◽  
pp. 13-20
Author(s):  
S.A. Privalov ◽  

The prohibition of censorship as a fundamental legal guarantee of constitutional freedom of the media in Russia and Germany is considered. The author carries out a comparative analysis of the understanding of the essence of censorship in domestic and German constitutional law, as well as the features of state-legal regulation of relevant social relations arising from such an understanding.

Author(s):  
Sandra Murinska-Gaile ◽  
Sabahudin Hadžialić

The aim of this paper is to look on level of media literacy and activities in this field in two countries – Latvia and Bosnia and Herzegovina. People are exposed to a flow of diverse content of information and opinions, there it is important to discuss about media education and it`s outcome – the media literacy. Media literacy helps people to analyze, evaluate, and create messages thus develops people's critical and creative abilities. The survey about credibility of mass media, critical use of information, understanding of media literacy in each country, institutions promoting media literacy and the impact of media literacy on political decision making was carried out. The main hypothesis of this case study was that media literacy is basic presumption of the establishing the critical thinking of society of developed democratic consciousness.The comparative analysis showed that sociological aspect in the area of Bosnia and Herzegovina within the deep division in the society itself, with the lack of consensual awareness creates presumption trust completely into the mass media, while in the case of Latvia there is just few answers related to the existing media literacy.


Author(s):  
V. Ashytka ◽  
M. Ashytka

The article is devoted to the problems in the conceptual apparatus for disclosing the participation of minors in legal relations that arise in the process of implementing the provisions of the Constitution of the Republic of Belarus. Analysis of issues relating to the consolidation of the rights of the child in Belarusian legislation and in international legal instruments in view of the fact that the legal status of children because of special status of a child reflecting the characteristics of the bearer. The classification of the age of periodization in various fields of scientific and social activity was considered as well as the specificity of the constitutional and legal status of the child, which is based on the age limit between adulthood and adolescence. The study is based of the use of normative material, the main one being the method of comparative analysis. The difficulties of developing and applying unified terminology and selecting the boundaries of childhood in regulating the totality of social relations with participation of the child as a subject of Constitutional law are shown.


Author(s):  
Alexey Timofeev

The review is a response to the textbook Legal Regulation of Mass Media for undergraduate students of journalism faculties. Professor I. Pankeev examines the legislation on the media, the rights and duties of journalists, the protection of intellectual property rights to the content journalists create, state regulation in the media and much more. The textbook is relevant as it takes into account the trends of legal regulation of the media in 2017–2018, it is also fundamental as it combines information from different areas of law, which is extremely rare, and the textbook is universal: for many reasons, it will be practically useful not only for university students, but also for the media editorial staff, specialists in the field of media communication and scientists studying the state regulation of the media.


Author(s):  
V. Shamrai ◽  
I. Sliusarenko

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine


Author(s):  
Александр Павлов ◽  
Aleksandr Pavlov

The purpose of this study is to conduct a selective analysis of the legislation of the Kingdom of Denmark that regulates public relations regarding medical secrecy in comparison with the legislation of the Russian Federation regulating similar relations. The relevance of the topic is determined by the need to study the specific features of the legal regulation of the social relations selected, as well as the possibility of extracting positive experience of legal regulation of the legal forms chosen – legal relations, legal forms, etc. The object of the study is the public relations that arise over the medical secrecy in the Kingdom of Denmark and in the Russian Federation. The subject of the study is the comparison of a legal institution of medical secrecy and a similar institution in the Russian Federation. The methodological basis of the research consists of general scientific methods of research – analysis and synthesis, systemstructural, formal-logical and analogies, as well as special methods – historical, comparative analysis, descriptive and other methods. The legal regulation of public relations regarding the medical secrecy of a citizen in the Kingdom of Denmark – in comparison with a similar category in the Russian Federation – has significant differences, which can be explained by the specific features of legal systems of both states belonging to different legal families. Despite the fact that in Denmark the legal regulation of relations regarding medical secrecy refers to the powers of bodies other than the legislature and the executive (competence of the Ministry of Health of the Kingdom of Denmark). It is characterized by perfect legal techniques and a wide and comprehensive coverage of regulated relations that are relevant and worthy to pay attention for the purpose of research and discussion. At the international level the Kingdom of Denmark, in fact, is not a party to international legal acts regulating social relations arising from medical secrecy (with the exception of several international legal acts). To a large extent, these issues are in the competence of national legislation.


2021 ◽  
Vol 5 (2) ◽  
pp. 83-93
Author(s):  
Irina Erofeeva ◽  
Alexey Muravyov

The article describes the cognitive means by which the perception and processing of textured material in media discourse is carried out. The authors present the typology of this toolkit and its opportunities in modeling the country’s media image addressed to the sociocode of a national culture. The relevance of the study is due to the significant role of modern media in shaping the image of a specific territory in mass consciousness, which directly determines the character of economic, political and social relations in society. The purpose of the article is to identify and characterize possible cognitive-linguistic mechanisms for modeling a productive media image of a country based on mental representations of society, originating in culture and guaranteeing the effective use of the corresponding constructs of mental operations, value preferences and behavior patterns of information flows consumer. Based on linguo-culturological analysis, conditions and frames of modeling, the image of Russia is considered in the content of the Chinese mass media. The empirical base of the study was made up of more than 200 texts of the Chinese media of various formats. The media discourse represents both common nuclear concepts and archetypes of the national view of the world in Russia and China (collectivism, patriotism, home, family, power, nature), and the ambiguous stereotypes of Chinese citizens about Russians and Russia that have been developed over the time. Stereotypes are embedded in the traditional expressive narrative which, due to a combination of expressive means, aesthetic and impressive power of verbal potential, has a purposeful impact on the audience, maintains the necessary national identity in Chinese society in the «We — They» paradigm. With respect to Russia’s strategic interests, it is important to actualize the common constructs of Chinese and Russian mentality in the mass media which will not only awaken the original cultural memory of a person but also allow to bring the people of China and Russia closer together.


2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Verlos Nataliia ◽  

The article covers the analysis of the main doctrinal approaches to the definition of the concept of reception in constitutional law. The issue of reception in the constitutional law of Ukraine in modern conditions of state formation is quite pressing and has a range of both theoretical and praxeological search, especially in the process of qualitative change of the paradigm of constitutionalism, which is being currently formed in the convergence of modern legal systems and realization of the world strategy of vitality in the face of global challengesfor mankind. The study of reception as a constitutional and legal phenomenon and process will allow determining the prospects for the development of Ukrainian statehood in the context of globalization and eurointegration. The purpose of the article is to analyze the main doctrinal approaches to defining the concept of reception in constitutional law and to formulate the concept of this legal category as a constitutional and legal phenomenon and process. It is emphasized that the main prerequisites and reasons for the importance and necessity of reception in the constitutional law of Ukraine are: 1) the convergence of modern legal systems and the formation of the concept of global constitutionalism require the universalization of constitutional values; 2) the development of social relations, scientific and technological progress, biomedical technologies creates gaps in the constitutional and legal regulation, because the realities, in relation to which the constitutional law remains indifferent,appear (e.g., digital rights, the right to gender identity, to cloning , to surrogacy, etc.); 3) European legal integration as a foreign policy vector for the development of Ukrainian statehood, stipulates the adoption of EU law (including constitutional law) by the national system of legislation of Ukraine; 4) global threats (climate change, pandemics, nuclear weapons, etc.) require changing the vector of constitutional development and consolidating the international community in order to counteractthem. In view of the above, the issue of the need to develop an effective concept for the implementation of the reception as a constitutional and legal phenomenon and to optimize the process of its implementation,considering feasibility and necessity. In conclusion, the author notes that the understanding of reception in constitutional law solely as borrowing or textual transfer would contribute to a one-sided interpretation of this legal category, and therefore proposes to define reception in constitutional law as a constitutional and legal phenomenon and the process of legal interaction between states, encompassing the possibility of or the need for the introduction and assimilation of the foreign legal material (or an international rule) by the national system of constitutional law in order to modernize and develop it. Keywords: reception in constitutional law, constitutionalism, constitutional law, convergence, borrowing, adaptation, harmonization, eurointegration


2021 ◽  
pp. 104-109
Author(s):  
Chernysh O.O.

The urgency of the researched problem is connected with the growing role of mass media in modern conditions leads to change of values and transformation of identity of the person. The active growth of the role of the media, their influence on the formation and development of personality leads to the concept of “media socialization” and immutation in the media. The aim of the study is to outline the possibilities of the process of media socialization in the context of immutation in the media. The methods of our research are: analysis of pedagogical, psychological, literature, synthesis, comparison, generalization. The article analyzes the views of domestic and foreign scientists on the problem of immutation in the media and the transformation of the information space. In the context of the mass nature of the immutation of society, the concept of “media socialization” becomes relevant, which is the basis for reducing the negative impact of the media on the individual.The author identifies the lack of a thorough study of the concept of “media socialization” in modern scientific thought. Thus, media socialization is associated with the transformation of traditional means of socialization, and is to assimilate and reproduce the social experience of mankind with the help of new media.The article analyzes the essence of the concepts “media space”, “mass media” and “immutation”. The influence of mass media on the formation and development of the modern personality is described in detail.The study concluded that it is necessary to form a media culture of the individual, to establish safe and effective interaction of young people with the modern media system, the formation of media awareness, media literacy and media competence in accordance with age and individual characteristics for successful media socialization. The role of state bodies in solving the problem of media socialization of the individual was also determined. It is determined that the process of formation of media culture in youth should take place at the level of traditional institutions of socialization of the individual.The author sees the prospect of further research in a detailed analysis and study of the potential of educational institutions as an institution and a means of counteracting the mass nature of the immutation of society.Key words: immutation, media socialization, mass media, media space, information.


Author(s):  
Denis Tikhomirov

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.


Author(s):  
Siti Aeisha Joharry ◽  
Nor Diyana Saupi

The International Convention for the Elimination of Racial Discrimination (ICERD), which was not ratified in Malaysia, created a heated public discourse in the media. This cross-linguistic comparative study investigates the representation of ICERD in Malaysian news reports of two online sources in Malaysia – the widely read English portal: The Star Online, and its Malay equivalent: Berita Harian. A corpus-assisted discourse analysis was conducted to examine how news on ‘ICERD’ were reported in both English and Malay online newspapers. Initial comparative analysis of both newspapers revealed that the search term co-occurs statistically more frequently with the verb ‘ratify’ and its equivalent: ‘meratifikasi’. Patterns indicate that ‘ICERD’ was mostly referring to the act of sanctioning the agreement –particularly to ‘not ratify’ or ‘tidak akan meratifikasi’, which is concurrent with the timeframe of events. Interestingly, different patterns can be found in Berita Harian (e.g. the expression of ‘thanks’ or gratitude of not ratifying ICERD) that are not as revealing in The Star Online reports. Some inconsistencies were also reported between the two newspapers, e.g. referring to different ministers’ speech about the initial plan to ratify ICERD alongside five (The Star Online) or six (Berita Harian) other treaties in the following year.  


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