Dialectical Research Articles

Constitutional Guarantees of Intellectual Property Protection in the Context of Digital Transformation: Ukrainian Experience

The purposes of this research are to determine the legal status of intellectual property in the context of digital transformation; to analyse the role of innovative digital technologies in the legal regulation of intellectual property issues; to provide a detailed description of the measures of constitutional protection of intellectual property in the context of digital transformation in Ukraine; to systematize knowledge about constitutional guarantees of intellectual property protection; to determine the role of specialised courts in ensuring intellectual property protection; to provide specific proposals for the development of the legal framework for intellectual property protection. An important aspect of the current study is an in-depth analysis of the challenges and threats of digital transformation to intellectual property. In order to achieve this purpose, the following methods were used: the general philosophical method, the method of system analysis, synthesis, the dialectical method and the formal logical method, the method of deduction and induction. These methods have been used to formulate scientifically significant and practical conclusions on proposals for improving intellectual property legislation in line with the challenges and threats of digital transformation, as well as to provide interim conclusions in accordance with the research purpose.

Why they don’t trust the media: The Chinese public’s perception and evaluation of news media in the social media era, taking the Liu Xuezhou incident as an example

With the advent of the post-pandemic era characterised by increasing social uncertainty, the public is placing higher demands on the trust in news media. According to the 2023 Edelman Trust Barometer, the image of the media in the public’s mind is deteriorating. Why don’t they trust the media? What are the reasons given by the public when the media is denounced as unscrupulous? Taking the Liu Xuezhou incident as a typical case, the study extracts key elements from 5,225 related microblog texts, identifies the main topics of public discussion with the help of LDA topic modelling, clarifies the referential dimension of unscrupulous media with the help of pointwise mutual information, and analyzes netizens’ evaluations related to different referential levels of the media through visual semantic networks, which can help formulate dialectical thinking on media trust in the context of China in the era of social media.

THE PHILOSOPHY OF HOPE AND RECOVERY: CHALLENGES AND PROSPECTS FOR POST-WAR UKRAINE

The aim of this study is to explore the philosophical concepts of hope and recovery in the context of post-war Ukraine, a nation deeply affected by war and striving for reconstruction and the establishment of a new social order. The article integrates various philosophical approaches to the categories of hope and recovery, with a special focus on the ethical dimensions of this process. The research employs the dialectical method (particularly in the analysis of Hegel’s ideas), the hermeneutic approach (Paul Ricoeur), and the phenomenological ethics of responsibility (Emmanuel Levinas). Additionally, concepts of existentialism and utopianism are engaged to provide a comprehensive understanding of the phenomenon of hope. The key results of the study show that hope emerges not only as an individual spiritual phenomenon but also as a collective driving force fostering societal transformation. Recovery, in turn, is viewed not as mere reconstruction of what was destroyed but as the creation of new social, moral, and political realities. Levinas' and Ricoeur’s ethical concepts allow for a deeper understanding of the moral recovery process through responsibility for the other and forgiveness. The scientific novelty of the article lies in combining different philosophical schools to analyze hope and recovery in a post-war context, particularly by integrating phenomenological ethics of responsibility and hermeneutics of forgiveness into the understanding of Ukraine’s current situation. Theoretical significance lies in expanding the understanding of hope and recovery as central to the philosophical analysis of post-war revival. The practical significance of the research can be applied in developing ethical and political strategies for societal recovery after military conflicts, particularly in the context of national reconciliation and reconstruction of social relationships.

Роль китайских пушкинистов в популяризации русской литературы в культурном континууме КНР

The aim of the study is to assess the scale of research and educational activities of Chinese scientists, whose focus is Russian literature, namely the work of Alexander Sergeevich Pushkin. To do this, the authors of the article identify and systematize the scientific works of Chinese scientists using the information capabilities of the scientific platform CNKI (China National Knowledge Infrastructure, “Zhongguo Zhiwan” – hereinafter Zhiwan). Various scientific materials are posted here, including those that provide an opportunity to get acquainted with the most popular works of Chinese Pushkin scholars. An analysis of the entire volume of publications on this site made it possible to highlight the names of outstanding Chinese scientists who devoted their lives to the study and popularization of Russian culture and literature among their com-patriots. The characteristic features of the activities of Chinese Russian scholars are highlighted and described. The authors identified and systematized, according to the degree of publication activity, Chinese printed publications that posted materials on the Zhiwan website that, to one degree or another, related to the study of the works of the great Russian poet and prose writer. Particular attention is paid to the systematization of monographs and articles not only by philologists, but also by representatives of other scientific fields. The authors presented a brief description of public events (conferences, competitions, etc.) held in China by scientific and educational institutions to popularize Russian spiritual culture. The research results reflected in the reports of Chinese Pushkin scholars can be found on the Zhiwan website. The methodological basis is the dialectical method of scientific knowledge, which made it possible to trace the continuity of the scientific research of Chinese Pushkinists. The systematic method revealed the wide capabilities of the CNKI scientific platform. The statistical method for identifying and processing textual information provided a quantitative description of the scale and depth of the study of Russian literature abroad. Thanks to the analytical-synthetic method, not only was a database of scientific works created by Chinese researchers of the life and work of A.S. Pushkin, but also their role in the popularization of Russian culture in China was revealed. The conducted research is interdisciplinary in nature and may be in demand by domestic and Chinese Pushkin scholars (philologists, historians, cultural experts, specialists in the field of art history).

The Relationship between the Gospel and Culture: A Theological Analysis and Social Perspective in a Contemporary Context

In today's era of globalization and cultural pluralism, the relationship between the Gospel and culture has become an increasingly complex issue. Various theological perspectives have developed to understand how the message of the Gospel interacts with diverse cultural values and practices. The debate surrounding accommodation or resistance to local and global cultures requires a deeper examination within the context of Christian theology. This study aims to explore the relationship between the Gospel and culture from theological and social perspectives, as well as how this relationship influences the practice of Christian faith in contemporary multicultural and dynamic societies. The approach used in this research is qualitative theological analysis, with a literature review of contextual theology texts and cultural studies. The collected data were critically analyzed to identify patterns of interaction between the Gospel and culture in the modern social context. The research finds that the Gospel can interact with culture through a dialectical process involving acceptance, adaptation, and transformation of cultural values. In some cases, culture enriches religious practices, but in other situations, there are tensions that require deep theological reflection to ensure that Gospel values are not compromised by certain cultural practices. The relationship between the Gospel and culture is dynamic and contextual. It is important for Christian theology to develop a flexible approach while adhering to the core teachings of the Gospel in the face of cultural changes. In this way, the Gospel can remain relevant and significant in the lives of contemporary societies without losing its integrity.

Unravelling the EU’s promotional integration strategy in the MENA region: a dialectical analysis of the Agadir and GAFTA Agreements

Given the rhetoric of the EU on the necessity of economic integration for the MENA region, this article sheds light on the ‘puzzling’ fragmentation in its regional integration strategy through the cases of the GAFTA and Agadir Agreements. It problematises mainstream analyses and employs a dialectical approach based on the philosophy of internal relations, aiming to surpass existing critical literature that has only partially illuminated facets of the EU’s strategy. The article situates the EU strategy within the dynamics of neoliberal capitalism (and its interconnected tensions) and considers its spatial and temporal scales. It argues that the complex interplay of developments at the EU scale, global competition scale and MENA scale across three distinct time frames (1995–2003, 2004–11, 2012–21) has shaped the EU’s fragmented strategy. On the EU scale, while Brussels presents itself as a leading proponent of neoliberal ideology for global market openness, it strategically elevates the Agadir Agreement at the expense of the GAFTA to meet its economic needs. The global competitive dynamics, however, have constrained this preference, as the EU has been contested by the US in the Agadir Agreement area and China and, to a lesser extent, Russia in other GAFTA member states. Lastly, the agency of MENA states has been noticeable, since the EU encounters difficulties in influencing GAFTA’s regulatory framework and dealing with the diverse interests of state elites in the region. We conclude that the dialectical method of the article holds promise for analysing the regional integration strategies of other global powers.

Research on the Ideological and Political Design and Implementation Path of Physical Education Courses in Colleges and Universities under the Background of the Construction of "Four New" Majors

This article takes the design and implementation of college physical education courses under the background of the "four new" construction as the perspective, is oriented towards the talent needs of new technologies, new business forms, new models, and new industries, and takes the education paradigm of "learning-centered" as the concept to construct a new model of ideological and political design and implementation of physical education courses in colleges and universities, and systematically proposes the mechanism system for the ideological and political design and implementation of physical education courses in colleges and universities. By using methods such as literature review and dialectical reasoning, it conducts a systematic study on the key teaching problems existing in the construction process of ideological and political demonstration courses for physical education courses. The research holds that there are problems in the construction of ideological and political demonstration courses for physical education courses in aspects such as the evaluation of curriculum goal attainment, the support of ideological and political resources for courses, the embedded integration of teaching models, and the adaptation and innovation of teaching methods. Comprehensively promoting the construction of ideological and political courses is to guide values into knowledge imparting and ability cultivation, and help students shape correct worldviews, outlooks on life, and values. The implementation of ideological and political education in physical education courses helps students achieve comprehensive development in addition to improving physical skills, so as to better adapt to social development. When implementing ideological and political education in physical education courses, it is necessary to highlight the characteristics of the courses, integrate ideological and political elements, clarify the design of teaching elements, optimize the combination of teaching models, and make good use of the evaluation of teaching effects.

Criminal Liability of Legal Entities in the Kyrgyz Republic and the Specifics of the Application of Criminal Law Terms

The article examines the dynamics of the development of the doctrinal concept of criminal liability of a legal entity, examines the points of view of leading scientists of criminal and criminal procedure law on existing and promising areas of development of the institution of criminal liability of legal entities in Kyrgyzstan and other countries. The appearance of quasi-criminal liability of legal entities in the criminal legislation of the Kyrgyz Republic seems justified. The article provides a number of arguments in support of the innovations introduced into the criminal legislation of the Kyrgyz Republic regarding the criminal liability of legal entities. In this scientific article, the author reveals the content and dynamics of the development of modern doctrinal discussions on the key problems of the institution of criminal liability of legal entities in the criminal legislation of the Kyrgyz Republic and the positions of the main scientific schools of Kyrgyzstan, Russia and abroad on theoretical issues of criminal liability. legal entities; to identify the main scientific doctrines concerning the understanding of criminal liability of legal entities; to consider the prevailing points of view on the category of the subject of criminal liability. The article also used traditional general scientific research methods such as the dialectical method of cognition, analysis, synthesis, induction, deduction, etc., as well as private scientific legal methods, including formal legal, the method of legal interpretation, etc. The main sources of information are electronic versions of official publications of normative legal acts of the Kyrgyz Republic, special literature on the research topic. The article also substantiates the conclusion that in the theory of criminal law, the category of “legal entity as a subject of criminal liability” is by far the most controversial.

Unilateral acts of states in the international legal system

The article examines unilateral acts of states in the international legal system based on a complex systemic analysis. The methodological basis was the dialectical method, which made it possible to understand the essence of international legal obligations of states in inseparable unity and general connection. The relevance of the study is determined by the trends inherent in modern international law. First, with the development of information technologies, and especially with the development of forms of information transmission, the sphere of activity of states is transformed. An increasing number of interested persons knows their positions on a wide range of international legal issues. On the one hand, it simplifies the process of identifying the state’s position when its analysis is necessary for international legal qualification. On the other hand, in such a situation, the possibilities for interpreting the behavior of a specific state from the point of view of its agreement or disagreement with a certain legal situation expand. In the practice of international relations, there is an expansion of the system of sources of international law. The study of these sources is necessary for understanding the foundations of international law, solving specific international problems and increasing the effectiveness of international cooperation. As the practice of international jurisdictional bodies accumulated, the subject of study of which was unilateral acts of states, the research emphasis shifted from establishing the essence of unilateral acts to assessing their relationship with the sources of international law. It is noted that unilateral acts play an important independent role in the modern international system, which is characterized by both fragmentation and growing globalization. Modern means of communication have made it possible to make unilateral acts one of the most frequently used tools of state interaction. The appropriateness and necessity of the development of the legal regime of unilateral acts is emphasized and substantiated. Unilateral acts of states are recognized as independent additional sources of international law capable of generating international legal norms, and they can be found in the «sources» section of many leading international legal documents.

Forms of prevention of crimes and other offenses by groups of minors in places of prisonance

Subject of research: forms of preventive influence used in educational colonies in relation to groups of minors whose activities are focused on committing crimes and other offenses. Purpose of research: to analyze the complex of forms of preventive influence used at the present stage of development of the penal system in relation to delinquent groups of convicts in educational colonies, to identify shortcomings in their implementation, to propose a number of new forms of prevention for the practice of educational colonies that can affect the group delinquent activity of juvenile convicts. Methods and objects of research: the basis of the research is the dialectical method of scientific knowledge, along with which formal-legal, logical and systemic-structural methods were used; when considering individual issues of prevention, analysis and synthesis, induction and deduction were used. Main results of research: it is proposed to normatively consolidate and in the process of prevention consider the group of convicted offenders held in a correctional colony as the main object of preventive influence. The limitations of preventive forms that the administration of the educational colony has the ability to use are established. The conclusion is drawn about the inconsistency of federal legislation and by-laws in the field of prevention of group crimes and other offenses of convicts. The directions for improving the forms of preventive influence are revealed, which are based on proposals for including in such a process the disengagement and reorientation of offending groups. For practical purposes, circumstances are given that may complicate the use of these forms of influence.

Legal principles of pre-trial investigation war crimes

The modern legal principles of the activity of law enforcement agencies regarding the investigation of war crimes have been defined. It is emphasized that war crimes are complex in terms of their mechanism of commission, which is characterized by consequences in the form of significant destruction of civilian infrastructure objects, a large number of unidentified dead; instruments of commission, which neither pre-trial investigation bodies nor forensic experts have encountered before; by persons of criminals who change their locations, including those who are in the territory of another state, etc. It is noted that in Ukraine since the declaration of the legal regime of martial law by the Decree of the President of Ukraine, significant changes have taken place in the criminal procedural legislation, which established a special regime of pre-trial investigation and trial under martial law conditions, provided for in Section IX-1 of the Criminal Procedure Code of Ukraine. It is noted that the pre-trial investigation of war crimes requires considerable expenditure of resources, including human resources, due to which employees of various law enforcement agencies, including units of the National Police, are involved in carrying out certain procedural actions. Legal problems in the activities of the National Police of Ukraine regarding the organizational features of the pre-trial investigation that need to be resolved at the legislative and departmental levels are highlighted. Proposals are made to improve the legislation on the regulation of the term “war crime” in the Criminal Code of Ukraine. The requirements regarding the procedure for collecting evidence of war crimes for the purpose of further transfer of materials for consideration by the International Criminal Court have been updated. Attention is focused on the fact that the principles, subjects and forms of interaction at the national and international levels during the pre-trial investigation of war crimes should be properly regulated. During the writing of the article, the methods of dialectics, comparative legal and systemic analysis, and formal logic were used.

Digitalization of the Electoral Process in Russia: Legal Aspects

Introduction. Digitalization is a distinctive feature of development of the modern society, which implies intensive implementation of the new technologies into the different spheres of life, including the electoral process. In Russia, the development of measures efficiently ensuring the suffrage of the citizens, the improvement of the legal regulation of the electoral process are being carried out for more than thirty years. However, the dynamics of automation and digitalization of the electoral procedures often outrides their theoretical justification and legal comprehension. The works of Russian and foreign authors study the problems of the electoral process digitalization, the electronic forms of manifesting the civic activity and political engagement. A number of researchers consider the ongoing changes to be inevitable and call for a revision of the electoral process basic fundamentals, others propose to limit this process indicating on the impossibility to ensure the absolute information security. The paper aims at analysing the main stages of automation and digitalization of the electoral process in Russia, identify the problems associated with implementation of the new technologies and develop recommendations for the efficient transformation of the electoral system in the context of digitalization.Materials and Methods. To ensure the relevance and reliability of the obtained results, the general and specific scientific methods of cognition were used in the research: the dialectical method, the method of juridical comparativistics, as well as the content analysis of the regulatory legal acts and historical, systemic, logical and other methods. Various methods of interpreting the legal norms were used to identify the regularities in their application. The content analysis of the regulatory legal acts and the logical method made it possible to identify the electoral process digital transformation features. The method of modeling enabled formulation of the proposals on improving the legislation.Results. The main stages of automation and digitalization of the electoral process have been studied. Their features and problems have been identified. The need for transformation of the legal regulation, capable of efficient ensuring the suffrage of the citizens in the new conditions, has been substantiated.Discussion and Conclusion. Based on the results of the research, the recommendations have been developed for efficient legal regulation of the main stages of the electoral process in the context of digitalization. The theoretical conclusions formulated by the authors are proposed to be used for further research and improvement of the current electoral law of the Russian Federation.

Polar Contradictions: China’s Dialectical Thinking About the Arctic

ABSTRACT Using China’s seemingly contradictory positions on the Arctic as a starting point, this article examines China’s official and academic Arctic discourses. This paper proposes that China’s apparently contradictory positions in the Arctic region are the result of the dialectical resolution of discursive tensions. Using an original dataset of over one thousand Chinese academic articles and books, together with China’s official statements, this article presents China’s Arctic policy discourse as a polyphonic landscape where diverse opinions and ideas compete within a discursive field. The research proposes that by utilising dialectical thinking, China is able to seek a middle ground between conflict and cooperation, between the near-Arctic state and stakeholder identities and between resource development and environmental protection. China also aims to preserve the status quo while striving to reform Arctic governance.

A Disappearance of National Security Information: A Case Study of Article 329 of the Criminal Code of Ukraine, in Particular

The study of the consequences of the disappearance of national security information is vital for national security and international relations. It helps to understand the threats better and develop effective strategies to prevent and minimize the impact of incidents. This article aims to examine the cases of the disappearance of national security information and its consequences for national and international security. The methodological basis for this article includes a dialectical method of scientific knowledge, content analysis, modeling, and the logical and normative approach. The article emphasizes the importance of proper criminal law qualification for such actions. The study also determines the legal status of such actions in criminal law and the impact of statutory provisions on the prevention of and response to such incidents on an international scale.

Igniting A Spark: Fostering Dialectical Thinking With Plato’s Meno

Abstract: In this article, I present a three-stage teaching strategy for orienting first-time readers of the Platonic dialogues using the Meno as a case study. The approach assists students lacking a philosophical background to advance from personal reflection to developing more advanced analytical and interpretive skills. The first stage of the method invites students to contemplate their life goals in preparation for a structured class debate between relativistic and absolutist notions of success. The second stage employs in-class philosophical reading groups, where students engage with small passages from the Meno to develop their analytical skills in a supportive learning environment. The final stage consists of a two-part writing assignment in which students produce a line-by-line philosophical analysis of their passage along with an essay reconciling the antithetical arguments presented in their selection. By employing this multifaceted approach, students cultivate critical, analytical, and dialectical thinking in order to navigate the complexities of Plato's enigmatic dialogues.

Counter-sanctions regulation: comparative legal analysis (Russia and China)

A new legal regulation is being formed in the Russian Federation related to unprecedented anti-Russian sanctions. International sanctions against Russia not only became an impetus for the development of legal institutions of Russian law, but also forced to turn to foreign anti-sanctions experience of such regulation. Under these conditions, a new legal institution of Russian law is being formed – the institute of counter-sanctions (sanctions) regulation. This process is taking place against the background of growing ties between Russia and China. At the same time, in both countries, counter-sanctions regulation is at the stage of formation. In this regard, it is relevant to conduct a comparative legal analysis, identify common and different characteristics of legislation, which will allow us to form proposals for improving Chinese and Russian counter-sanctions regulation. The author applies both philosophical and general scientific methods of cognition (analysis and synthesis, induction and deduction, critical and dialectical methods) and methods specific directly to legal science (structural-logical, formal-legal, comparative-legal). The key difference between the Chinese approach to the formation of a counter-sanctions system is its focus on prohibiting compliance with the sanctions of foreign states. There is no such prohibition in Russian regulation (but several similar bills have been submitted to the legislature for consideration) and the legislative emphasis is on protecting the country and individuals from unfriendly actions of foreign states. Although the Chinese counter-sanctions regulation differs from the Russian one, it has a number of common features with it. Also, Russian regulation is more advanced and transparent in terms of mechanisms for the introduction and control of counter-sanctions. The undeniable advantage of Russian counter-sanctions regulation is undoubtedly its official consolidation within the framework of the legal system, while in China a significant part of the sanctions are outside the official legal regulation and are located in the plane of political decisions on the country's trade policy.

On the issue of the effectiveness of the civil law method in the regulation of health protection relations

The subject of the study is the rights of citizens to health protection, as well as the possibility of their transformation in the direction of strengthening the legal nature of these relations. In the context of the dominance of the sectoral approach in law, the author develops ideas about subjective law as an effective regulator of patient behavior. The opinion is expressed that the responsibility of the subject's independent choice can give a new impetus to improving the level of quality indicators of medical care, ensuring the timeliness, qualification and comprehensiveness of examinations. An attempt has been made to shift the focus in the process of streamlining relations from the subject of legal regulation to methods. New opportunities have been identified to increase the level of the legal nature of court decisions that can take into account the objective need to expand the scope of private law (civil) ways of influencing the patient on the medical process. The dialectical method has become the main research method. The conditions for improving medical care are revealed, taking into account the differences between public law and civil law regulatory methods in solving problems of law enforcement practice. The scientific novelty is that the examples of legal practice have provided new knowledge necessary for the development of existing doctrinal approaches in legal science. The limitations of the sectoral approach in law, due to the high degree of dynamism of society, are convincingly argued. It has been established that orientation to the subject of legal regulation, as an unconditionally dominant factor in choosing a strategy and tactics for streamlining relations, does not always ensure the completeness of the legal nature of judicial acts. The emphasis of legal regulation in health protection is focused on the priority use of public law (or "organizing") methods that guarantee the mass provision of medical care designed for everyone. The possibility of providing quality indicators of care to a specific patient with special health characteristics and conditions for receiving it is still secondary. It is necessary to actively apply civil law methods of protecting the right to health protection, while skillfully using the resource potential of the law.

Физические и химические способы выявления следов кожного покрова человека, не имеющего папиллярного узора

The article deals with physical and chemical methods of detecting traces of human skin without papillary pattern. The principles of work of each of these methods are given in detail. As a factual basis for the article the materials of earlier scientific researches on this problematic were used. The methodological basis of the study was formed by the dialectical method of cognition, logical method, method of system analysis, method of modelling, general scientific methods: structural and functional. The work allows us to come to the conclusions about the need to increase the level of application of traditional and new methods of work with traces of skin cover that does not have a papillary pattern. The combination of these methods will give the highest result in solving the crime.

Media And Cultural Hegemony In Mozambique: A Look Focused On The Influence Of Television Content On Local Axiology

The article studies the television programming schedules in Mozambique to understand the educational value of their contents based on the recognition of the educational force that television has in the lives of individuals. The research extends to the field of educational mediation, in order to understand the historical-political panorama, especially before and after national independence. The debate is based on Gramscian thought according to which television is one of the most important institutions of civil society that has the function of educating towards the consensus of fundamental social groups. For the analysis, the Epistemological Dialectic Method and the Content Analysis Method were adopted. The results reveal that the national television schedule contains mostly programs that are not useful for maintaining a cultural memory that is based on ancestry, much less for local cultural values

FINANCIAL INVESTMENTS AS AN OBJECT OF ACCOUNTING AND TAXATION

In the article, the authors justify the expediency of further research on transactions with financial investments, taking into account their importance in the activities of enterprises of various forms of ownership in the conditions of martial law and the specifics of the post-war recovery of Ukraine. The main tasks of the organization of accounting of financial investments are determined. Proposals have been made to improve the efficiency of the accounting process at enterprises. The theoretical and methodological basis of the research is the achievements of foreign and domestic scientists in the field of accounting and taxation of economic transactions. In the research process, general scientific methods and methods of cognition were used: theoretical generalization, analysis, synthesis, classifications. Grouping and comparison methods were used to determine the essence of financial investments as an accounting object. Techniques of concretization and abstraction were used to highlight features inherent in investments. The dialectical method, induction and abstraction became the basis of proposals for improving the efficiency of the accounting process at the enterprise. Thus, the study of financial investments as an object of accounting allowed: carry out a critical review of the concept of "investment" in economic literary sources and determine the essence of this economic category; specify the main tasks of accounting for financial investments; determine proposals for improving the efficiency of accounting for financial investments in large companies, taking into account the use of the automated SAP ERP program.