Basic Doctrine Research Articles

On the legal nature of the concept of «public service» in the legislation of Ukraine and in the administrative and legal doctrine

In the scientific article the author conducted a scientific review of the legislative and doctrinal foundations of the definition of «public service», the formation on this basis of its own definition of public service, its content and defining features. It is determined that the main criteria for determining public service, its separation from corporate and public services is: implementation as a result of relevant employment of persons holding relevant positions in the structures of the state and municipal sector tasks and functions of the state and local governments; regulation of the content and features of such activities by the Constitution of Ukraine and laws of Ukraine (they cannot be regulated by an act of corporate formation or public organization, and local regulation of public service is of a secondary nature). Based on the above research on the legal and doctrinal basis of the definition of «public service», the author notes that the concept of «public service» in its essence is broader than the term «civil service»: if the civil service includes administrative and specialized service , including service in law enforcement agencies and military formations, the public service additionally includes service in political, including elected positions, service in corporate formations and public formations, subject to the delegation of powers of state bodies or local self-government bodies in accordance with the provisions of the laws of Ukraine. Considering the concept of public service can be defined as a specific activity of political and administrative entities, within which the implementation of tasks and functions of a public nature, ie those concerning the rights and interests of the community - the population of the state, administrative-territorial unit, a certain social group or territorial community, which is carried out on the basis of financing the relevant activities from the state or local budget; public service, except political, carried out on a professional and politically neutral basis, its formation takes place on the basis of an administrative act of appointment or election.

Rein Müllerson’s New Philosophy of International Law

Researchers of international legal reality continue to master the theoretical advances of prof. Rein Müllerson. Newly published monograph by Austin Macauley Publishers Ltd Living In Interesting Times: Curse or Chance? Recollections of an International Lawyer — Participant and Observer sums up the fruitful work of this famous international lawyer, conveys his experience to the next generations of theorists and practitioners. An experience that not only contains the international legal qualification of modern life’s complex concepts, but also brings them together into a coherent system. Based on a broad doctrinal basis, the book is, in the words of the author himself, a reflection of subjective realism, the author’s understanding of the philosophy of international law. Operating with such instruments of a modern researcher of international relations as liberalism and democratization, globalization and regionalization, linking the theory built in the Soviet scientific paradigm with the practice tested in the UN structures, the author brought international law to a higher level of comprehension as a complex system of regulators of interstate behavior. The neutral and non-politicized views of prof. Müllerson on most modern international problems, as well as his rich experience in the application of legal norms in practice, should be appreciated by present and future generations of researchers interested in building a new world — free from wars and confrontations.

The problem of creative imagination. Kantian and Schellingian concepts of productive imagination as an epistemological and ontological source of creativity

The object of this research is the problem of creative imagination. The subject of the research is the ontological and epistemological nature of productive imagination in the context of the philosophical searches of I. Kant and F.W.J. Schelling. The purpose of this work is to conceptualize the ontological and epistemological determinants of productive imagination on the basis of Kantian and Schellingian philosophical doctrines. The methodological foundation of this research is the original works of these thinkers of German classical philosophy, as well as the actual works of domestic and foreign specialists in the field of creative philosophy. The authors of the study in their work were guided by comparative-historical, analytical-interpretive, hermeneutic and phenomenological methods. The scientific novelty of the work consists in revealing the ontological and epistemological rootedness of productive imagination. In addition, the authors distinguish between imagination as the ability to generate original images based on the synthesis and transformation of empirical material and fantasy as a way of "virtual" realization of unsatisfied needs and escape from reality. The main conclusion of the study is the position that in the philosophical teaching of I. Kant, productive imagination is revealed in an epistemological perspective, presenting as a general cognitive ability and a condition for the transcendental synthesis of sensuality and reason, while in Schellingian philosophy productive imagination is considered from an ontological point of view, being justified as the ability of the subject to endow physical objects with ideal reality.

Al-Farabi Kazakh National University

The article examines the features of the doctrinal basis of the Norwegian policy in the Arctic, as well as the military-political strategy to ensure the security of the region. The doctrinal framework of Norwegian policy will put Arctic strategy at the forefront. It has been established that Norway owns the systemic regulation of the legal issues of the Arctic region among the Scandinavian countries, serving at the same time as a kind of model for working out mechanisms to defend interests at the regional and international levels. At the same time, it is Norway that owns an innovative approach to the development of hydrocarbons in the Arctic, to the development of a green economy, which are based on environmental protection, the introduction of science-intensive technologies, incl. alternative energy sources. The doctrinal basis of Norwegian policy towards the Arctic region is characterized by specific directions, where the priority is mainly international cooperation, business development, knowledge development, infrastructure, environmental protection and emergency preparedness. The conceptual basis of Norway's doctrines in the field of Arctic region policy consists of the integration of knowledge, science and business, with the aim of sustainable development of the Arctic. In the doctrinal basis of Norway, security issues and the military-political strategy in relation to the Arctic region play an important role. These issues are regulated by such international relations as NORDAC (Nordic Armaments Cooperation), NATO and the maintenance of bilateral relations and partnership with Russia. In Norway's security policy, the main role is played by the NATO strategy, which is based on systemic exercises of practicing military action in the Arctic and the fulfillment of certain missions by Norway due to the recent Crimean events.

Bilateral Brown-Sequard syndrome regressing to anterior cord syndrome in spinal impalement: 2 unique cases with management pearls

BackgroundNon-missile impalement spine injuries are quite uncommon. Most of these patients either present with impaling agent in situ or with a part of retained offending agent. Both the scenarios present unique management challenges especially if patients are clinically stable. The injury becomes more complex if multiple compartments like lung and abdomen also get involved. Non-missile penetrating spinal injury is rarely seen in the Indian settings. The world over it approximately accounts for 0.3–2.1% of spinal injuries. In view such meagre occurrence management decisions are usually driven based on surgeons’ experience and patient’s condition. Although conservative approaches for retained products have less complications as compared to surgery, long-term outcomes are not available for comparison. Unique management challenges are noted and described. Physical doctrines for management principles of such injuries are also attempted. Noteworthy is that their regression from complete cord syndrome to anterior cord syndrome is extremely short period.Case presentationWe present 2 unique cases presenting as complete cord transection regressing from bilateral brown Sequard syndrome to anterior cord syndrome following decompression.ConclusionSpinal impalements are very rare especially now with strict societal regulations and criminal justice in place. Still now and then we do come across some staggering cases as described above. To establish a treatment protocol and management guidelines in such scarce scenarios is difficult. We attempt to underlie few basic doctrines in this regard with our experience in a tertiary centre.

Lifting the Shroud Obscuring Estate of Hubert: The Logic of the Income and Estate Tax Treatment of Estate Administration Expenses

In Commissioner v. Estate of Hubert, the Supreme Court upheld a Tax Court decision that $1.5 million of estate administration expenses charged against the income of a marital deduction bequest did not reduce the marital deduction for estate tax purposes. In Hubert, the marital deduction bequest was a residuary bequest, and estate administration expenses were payable out of the residue, but the executors had discretion to allocate such expenses between principal and income2 Pursuant to what is known as the "section 642(g) election," the expenses charged against income were deducted for purposes of computing the taxable income of the estate as a separate taxpayer, and were not deducted for estate tax purposes.This comment both critiques Hubert on a doctrinal basis and explores what should be the proper income and estate tax consequences of estate administration expenses.

Gaspare Aselli (1581-1625) and Lacteis Venis: Four Centuries From the Discovery of Lymphatic System.

The first half of the seventeenth century may be seen as the turning point of knowledge of human anatomy and physiology, as also demonstrated by the works by William Harvey (1578-1657) on the circulation of the blood. This article aims to present biographic context of the surgeon Gaspare Aselli (1581-1625) and his rather fortuitous discovery of the lacteals in Milan in 1622, that contributed to the comprehension of the lymphatic system. The experimentation on living animals (anatomia animata, living anatomy), and particularly the vivisection used by Gaspare Aselli provided the basis for much of the subsequent investigation of the human physiology. In particular, the discovery of lymphatics challenged the basis of the Galenic doctrine, denying the liver the central role it had formerly been granted in transforming food into blood and revolutionized the ancient hepatocentrism in favor of the modern concept of cardiocentrism.

Subject of Private International Law: Formation of Doctrinal Ideas

The formation of doctrinal ideas about the subject of private international law has been going on for more than a century, but this process cannot be called either completed or successful. It is incomplete since until now the understanding of the subject of the science of private international law is debatable and is replete with a wide variety of interpretations. It is unsuccessful, because the prevailing understanding of the subject of the science of private international law does not correspond to the scientific canons. The article shows that in the pre-revolutionary jurisprudence the scientific views both on private international law in an objective sense (as the set of conflict rules) and on the subject of science of private international law were characterized by certainty and reflected correlation between a fragment of reality (object) to be studied and the field of jurisprudence studying the given fragment of reality. In the post-revolutionary period of the development of Russian science, pre-revolutionary ideas about private international law as a conflict of laws were rejected due to ideological and political reasons, which led to a significant change in views on the subject of the science of private international law. In private international law, in an objective sense, both conflict of laws and substantive and procedural norms began to appear, as a result the subject of the science of private international law has been transformed into a theoretical construct that does not have clear boundaries. This approach was consolidated in the Soviet period and today forms the basis of the dominant doctrine. The author justifies the conclusion that the doctrine does not correspond to the scientific requirements to the differentiation of scientific knowledge, since the postulated provisions contradict scientific standards defining the subject of science, and the current state of affairs impedes building a general theory of private international law.

Доктринальные основы смены внешней политики США в период президентства Д. Трампа: Мексика и Канада

Introduction. The research’s subject is the foreign policy’s theoretical foundations of D. Trump’s presidential administration in 2016–2020, which consist in changing the principles’ use of American liberal internationalism to the conservative nationalism’s principles under the motto which is called “Make America Great Again”. The theoretical approaches’ basis of intergovernmental interaction in the field of politics, economics and migration is considered on the example of relations between the United States, Canada and Mexico. The work’s purpose is to identify the doctrinal basis of D. Trump administration’s foreign policy and the impact of the adopted foreign policy settings on changes in intergovernmental interaction in the international arena. Methods. The theoretical bases’ methodology for the doctrinal provisions development of the U.S. foreign policy during the D. Trump’s administration was to use behavioral approach and special methods of political analysis. There were no major analytical studies on this topic at the time of writing. Therefore, the author of the article used the materials for his research from Russian and American scientific and periodical journals for 2019–2020. Analysis. The publications’ analysis by domestic and American authors has shown that the change in the U.S. foreign policy during the D. Trump’s presidency is due not so much to the personal qualities of the U.S. President, as some researchers believe, but to the objective conditions of the world process, where the United States want to but they can’t bear the burden of the world leader in the conditions of significant growth of other global power centers. Results. The author’s analysis of intergovernmental interaction between the United States, Canada and Mexico has shown the chosen path of using the conservative nationalism’s principles in relations with their closest allies is not so much due to the personal qualities of D. Trump how many objective changes taking place in the world political process, which led to an increase in mutual contradictions between these states. Overall, the author argues that the choice of a conservative nationalism’s policy in American foreign policy is associated with the crisis of liberal democracy.

Law, Morality, and Personhood in the Philosophical–Legal Understandings of Boris Chicherin and Vladimir Solovyov: On the Philosophical Foundations of Russian Liberalism

ABSTRACT The polemics between Boris Chicherin and Vladimir Solovyov are perhaps the most remarkable event in the intellectual history of Russian liberalism. These polemics elicited keen interest in the whole of society, not just among liberal circles. The arguments between the two thinkers occurred during the period when Russian liberalism was ascendant while at the same time transforming into social liberalism. The doctrinal basis of liberalism was stretched to the limit and began to lose its identity as a result. The arguments between the two thinkers reflected these circumstances to some extent. They were conducted on a very wide range of topics, including morality and its nature, personhood and its freedom and connection with society, law and the state, and the meaning of historical development. This article analyzes Solovyov’s notion of personal–social reality and his understanding of law as the bare minimum of ethics. The author approaches to Chicherin in terms of his ideas about the nature of personhood and its place in legal theory, as well as his doctrine of the relationship between law and morality, which he developed within his understanding of autonomous ethics.

Childhood of the artificer apprentices in Maranhão Empire (1841–1899)

ABSTRACT The article examines the history of Casa dos Educandos Artífices [House of the Artificer Apprentices (1841/1889)] in the Province of Maranhão (Brazil), which received underprivileged boys after the continuous increase of poverty caused by the Rebellion of Balaiada (1839–1841). At the Casa children were taught basic literacy instruction, Christian doctrine, and mechanical work at the War Arsenal, government public works and private workshops. As apprentices learned how to read, write and count, they received grammar, singing and instrumental lessons. Professional training included bricklayer, tailor, joiner, welding and copper. This paper aims to recover the history of this institution, which closed in the Republic Proclamation in 1889, drawing from many sources: manuscripts, letters from the directors to the province presidents, reports from the province presidents themselves, regulations, laws and newspapers that circulated in São Luis (Maranhão) from 1841 to 1889. Based on Norbert Elias’s theoretical contributions, the analysis focuses on the creation and consolidation of the institution, material space, power relations, flow of subjects and management of school schedules and school actors and regulations. This research aims to contribute to understanding the nature of the professional instruction and the characteristics of a peculiar educational establishment in Maranhão in the nineteenth century.

Subjects of the civil process: a modern approach

The article is devoted to the problem of the composition of the subjects of the civil process at the present stage. The basis of the procedural doctrine of the subjects of civil and arbitration process are the works of scientists-proceduralists of the pre-revolutionary and Soviet periods. Most of the scientific studies that substantiate the connection between the subjects of civil procedure and the court as an obligatory participant in civil procedural legal relations belong to them. At the dawn of the procedural doctrine, there were two opposite theories: one reflected the view of civil procedural legal relationship as a private law relationship between the court and the persons involved in the case, the other proceeded from the understanding of civil procedure relations as public law, power relations. Later, an approach took root in science, according to which the civil procedure is a legal relationship, the obligatory participant of which is the court considering the case, by virtue of which this relationship has a public law nature. At present, against the background of the differentiation of procedural forms of protection of violated rights and legitimate interests, a new procedural institution is being introduced into the civil process - judicial reconciliation. The legal status of a judicial conciliator is very complicated and has two sides: on the one hand, he does not participate in the administration of justice, on the other, he acts on behalf of the respective court. On the basis of a theoretical analysis of the institution of judicial reconciliation, a conclusion was made about the public-law status of a judge-conciliator and it was proposed to refer him to the first group of subjects of the civil process - the court. At the same time, the idea of the need to revise the foundations of the system of subjects of the civil process was rejected in connection with the emergence of new “legal figures”: the Commissioner for Human Rights and the Commissioner for the Rights of Consumers of Financial Services. It has been proven that these subjects fully meet all the characteristics of the persons participating in the case, and must occupy an independent procedural position in their system.

Правовое регулирование самостоятельной деятельности физических лиц: социально-экономические аспекты

The article examines the axiological, socio-economic value of law in regulating the independent activity of individuals on the basis of legislation and doctrine. Attention is focused on the fact that law is a social regulator. The relevance of the study is dictated by the fact that at the legislative level, ensuring the growth of incomes of the population, increasing the number of employed people through the development of entrepreneurship and self-employment is ranked as national goals and strategic objectives for the development of Russia. Based on an interdisciplinary approach (using categories and tools from the field of sociology, philosophy, economics and law), a historical and dogmatic approach, the essence and significance of the independent activity of individuals in its various forms is investigated. It is shown that at present there is an urgent need to use sociological, philosophical approaches in the study of certain socio-legal phenomena. This will in a certain way contribute to the effectiveness of legal regulation of independent activity of individuals. The article proves that the legislator, when establishing legal regimes for certain forms of independent activity of citizens, does not take into account the essence and significance of this activity in the universal (philosophical, psychological) and social aspects, as well as the postulates of justice and morality. In this connection, the classification of forms of independent activity of individuals is proposed. Taking into account the national priorities and strategic objectives of Russia, the author divides the independent activity of individuals into individual entrepreneurial activity, professional activity and self-employment (in a narrow sense) according to the criteria: socio-psychological characteristics of subjects, economic prerequisites and legal conditions of activity in a specific form; conditions of responsibility of subjects for obligations in civil turnover. The conclusions formulated in this study are aimed at expanding the understanding of the independent activity of individuals from the perspective of law and society in the context of the legal modernization of the forms of activity of the Russian population.

Medicine Systems used by Indian People – An Evaluation

Medicines are substances that are used to treat, identify, and prevent disease and illness. The ancient civilization of India fostered the growth of numerous medical systems. India offers both the allopathic medical system and the traditional Indian medical system. In addition to one type of allopathy, India has five distinct traditional medicinal systems in use: Siddha, Ayurveda, Unani, Homeopathy, and Naturopathy. In developing countries, traditional medicine is becoming increasingly popular, especially in rural areas. Ayurveda, which translates as "the science of life," is a holistic medical strategy that emphasizes keeping one's body, mind, and spirit in good shape. The three doshas (constitutional types) are the basis of ayurvedic doctrine, and the patient's constitution is more heavily considered during diagnosis and treatment. Astrology and incantation are also used in Siddha medicine. Tamil Nadu, India's most southern state, uses it the most commonly. In addition to mineral or metallic medications, adjuvants (like honey, ghee, milk, betel leaf juice, and hot water) are frequently administered. Clean air, food, water, physical movement and rest, psychological movement and rest, sleep and alertness, and the retention of beneficial materials and outflow of waste materials from the body are the six elements of illness prevention and health promotion. With origins in the Reformation, homoeopathy in Germany enjoyed a golden age in the 17th and 18th centuries. In 1995, the Department of Homeopathy and Indian Systems of Medicine was established. One of the objectives of the organization is to develop standards for Ayurvedic, Unani, Siddha, and homoeopathic medicines. Folk knowledge about the traditional application of herbal remedies is very prevalent in ethnic cultures. People become physically and psychologically weaker when they don't take their medication, which makes them more susceptible to contracting new ailments. In addition to allopathy, India has five additional traditional medical systems. Among these are Siddha, Ayurveda, Unani, Homeopathy, and Naturopathy.

ДО ПИТАННЯ РОЗУМІННЯ ЗАСОБІВ ЗАХИСТУ ПРАВ ПРАЦІВНИКА ВІД НЕПРАВОМІРНОГО ЗВІЛЬНЕННЯ

The article, on the basis of scientific doctrine, legislation of Ukraine, as well as judicial practice, examines certain issues related to the protection of an employee from wrongful dismissal in Ukraine, particularly, regarding the peculiarities of the application of such a remedy as reinstatement in the Ukrainian legal order. The authors emphasize the existence of a functional connection between the right to work, enshrined in the Constitution of Ukraine, and the employee's right to apply for protection in case of a wrongful dismissal by the employer. The article indicates the means of protection that can theoretically be applied by an employee who has been dismissed in violation of the requirements of the law. It is noted that reinstatement, based on the provisions of the legislation of Ukraine, can be considered the leading remedy available to the employee in case of a wrongful dismissal. At the same time, the authors note that the Labor Code of Ukraine does not provide the employee with an opportunity to choose a remedy that would reflect the needs of the particular employee in the most sufficient way. The article also attempts to explain the legal nature of reinstatement from the point of view of legal facts theory. In addition, the authors note that the proposed approach to the analysis of reinstatement allows explaining the compensation of average earnings for the period when the employee did not work because of the wrongful dismissal. This compensation can be interpreted as a natural consequence of reinstatement. At the same time, attention is focused on certain aspects of the relationship between the reinstatement of the employee and the payment to the employee of average earnings during the period of forced absenteeism. The article also describes the attitude of certain international organizations to reinstatement in the context of assessing the level of protection of employees under certain jurisdiction.

Доктрина справедливої війни у розробці християнських мислителів часів Середньовіччя

Based on the analysis of the works of medieval Christian thinkers, the article highlights the principles of the Christian doctrine of „just war”, which was formed during the Middle Ages and did not undergo significant changes until the Second Vatican Council (1963-1965). The urgency of the topic lies in the fact that many armed conflicts are now religious in nature, including the latest Russian-Ukrainian war, which is being waged under the slogan of the „Russian world” ideology, developed by Moscow Patriarch Kirill. Such and similar consecration of wars and armed conflicts by religious organizations forces us to turn to political and legal concepts, which seem to have long since disappeared, but they now, as it turns out, acquire a new meaning. The article reveals the purpose of the study, its methods and the state of study in the literature. The main part of the article shows that, although the concept of „just war” dates back to antiquity, the architects of the doctrine of just war were medieval Christian authors – Ambrose of Milan, Aurelius Augustine, Thomas Aquinas, Francisco de Vitoria. The article considers the contribution of each of these authors to the development of the doctrine, emphasizes that, in fact, the concept of „doctrine” should be attributed to the creative legacy of Thomas Aquinas in the concept of „just war”, and noted that this doctrine became the basis of Catholic doctrine of war. which has remained unchanged for many centuries. Later scholastics, and above all Francisco de Vitoria, supplemented the doctrine of just war with their research, without affecting its foundations developed by Thomas Aquinas. However, it is noted that in modern warfare, the concept of „justice” is distorted, the understanding of just war in the Christian religious and ethical tradition has been forgotten, and some church leaders even suggest abandoning the doctrine of just war. The author believes that everything needs to be redesigned, raising the whole layer of works on the theme of just war, starting with ancient and medieval authors. The article concludes with conclusions and formulations of prospects for further research in this area.

The Sources and Meaning of the Term Decency in the Writings of Prince Dmitry Golitsyn on Fine Arts

The author focuses on one of the most important terms of normative aesthetics and art, decency, which occupies a prominent place in the writings of Prince Dmitry Golitsyn (1734–1803), devoted to the issues of architecture and fine arts. A detailed study of the origins of decency and the meaning of this concept leads to the identification of three stages in its development, consistently considered with the involvement of both source texts and the works of modern scholars. The first stage was the flourishing of classical ancient Greek art, which corresponds to the concept of τὸ πρέπον, formed in the consciousness and rhetorical culture of Athens. In relation to the fine arts, its importance cannot be overestimated, since decency was not conceived without an adequate and eye-catching external expression of typical images, including their social status and ethical content. Under its influence, a system of canons of European art was born in ancient Greece. The second stage is associated with the Renaissance, when the idea of convenevolezza arises. It was focused on the Classical Antiquity and the appropriate iconographic tradition and therefore had a pronounced retrospective character. Finally, the classicism of the Enlightenment era, or neoclassicism, the time of Golitsyn’s life and work, picks up the baton of the norm in art and the deviations from it made by nature itself. Golitsyn’s interpretation of decency in his treatises and its correct understanding by art historians are important, since these works formed the basis of the Russian doctrine of normative, primarily academic art. Decency in the understanding of the ancient Greeks, Italians of the Renaissance and enlighteners of the 18th century did not completely dissolve in the works of the great and ordinary masters of those distant times. It is invariably revived when it comes to the visualization of traditions, proprieties and various norms within artistic culture, about the artist’s service to the model, the canon.

REPRODUCTIVE RIGHTS AND IMPLEMENTATION OF THE RIGHT TO HUMAN LIFE.

The aim: To find out the peculiarities of citizens' implementation of their reproductive rights, while combining the basic principles of medicine and law. Materials and methods: Formal-logical methods of analysis and synthesis allowed to reveal the content of the concepts that make up the subject of research, to classify them, as well as to formulate intermediate and general conclusions. The systematic method allowed to study the role and significance of human reproductive right among other somatic human rights and freedoms. Using the historical method, the doctrinal basis of the study was analyzed, and the main stages of the formation of human right to transplantation were identified. The application of the above-mentioned methods necessitates the inclusion of an activity method in the research methodology. This method, becoming a logical continuation of the integral structural-functional method, involves the study of relevant reproductive rights through the development of medical technologies. Conclusions: The modern development of biotechnology has caused a number of serious threats to the possibility of realizing the human right to life. The modern understanding of the content of the right to life concerns a number of bioethical aspects, primarily related to the development of scientific and technological progress in both biology and medicine. The content of the human right to life in the context of the achievements of reproductive rights is significantly expanding, which leads to a new concept of it, not only as a fundamental human right, but also as a set of rights that relate to human life, taking into account the principles of bioethics. Therefore, the need to compare the goal and the means in biological and medical manipulations with human life, their consideration of the ethical and moral aspect is extremely important for the further development of the entire legal array regarding biomedicine.

THE HUMAN RIGHT TO TRANSPLANTATION OF ORGANS AND TISSUES: MEDICINE, ETHICS AND LAW.

The aim: To study the combination of medical, legal, ethical principles and regulations in the field of transplantology, as one of the key problems of bioethics. Materials and methods: Formal-logical methods of analysis and synthesis allowed to reveal the content of the concepts that make up the subject of research, to classify them, as well as to formulate intermediate and general conclusions. The systematic method allowed to study the role and significance of human right to transplantation among other somatic human and civil rights and freedoms. Using the historical method, the doctrinal basis of the study was analyzed, and the main stages of the formation of human right to transplantation were identified. Conclusions: The level of modern development of the Institute of Transplantology depends primarily on the tolerance of the society itself regarding the concept of brain death. The actual normalization of the concept of death in one or another state determines the level of realization of the human right to organ and tissue transplantation. Regarding the reform of the current legislation in the field of transplantology, as one of the key problems of bioethics, first of all, moral principles should be taken into account (at the same time, today morality in its development is even slightly ahead of the development of international law, although progressive principles of legal regulation of transplantation processes have been distinguished at the international level ). Therefore, during the development of norms of both international and national law regarding transplantology, existing moral principles should be taken as a basis. At the same time, one should not forget that a necessary factor is the presentation of a number of issues for public discussion, as well as their discussion at scientific and practical conferences not only of doctors and lawyers, but also of theologians and philosophers.

Izazovi malih država u pogledu razvoja sposobnosti informacionog delovanja

The issues of the paper are given a concise overview, of the current state of capabilities of "small states" for informational action. In the context of "small states" specific abilities necessary for informational action are described and the basic challenges of their development analyzed. Also, a brief critical review of the theoretical and doctrinal bases of the information activity of the institutions of the Republic of Serbia is given. The emphasis in the description of capabilities is on those that are carried out by informative and perceptive methods (propaganda, managing the perception of the opponent, disinformation, psychological operations, deception), about those that are carried out by informational and technical means (by attacking critical objects of the national infrastructure, cyber-attacks), precisely because of their dominant base on knowledge, good organization and the use of easily available resources and means, and not on technical-technological supremacy, large material-financial investments and expensive technology, unattainable for "small states".