Federal Republic Research Articles

75 years Basic Law of the Federal Republic of Germany

75 years Basic Law of the Federal Republic of Germany

Evaluation of heifers of Fleckvieh breed, imported to the republic of Armenia from the Federal Republic of Germany, according to the milk productivity of their ancestors

The genealogy analysis allows to predetermine the productivity and pedigree traits of proband animals based on the indicators of their ancestors. The analysis of ancestral milk productivity in the genealogy of 20 proband heifers of German fleckvieh breed shows that the average milking of heifers’ mothers is 8284 kg which is lower than the milking of the mothers of heifers’ mothers by 706 kg or 7.9% and lower than the milking of the mothers of heifers’ fathers by 1542 kg or 15.7%. 18 heifers were obtained by heterogeneous mating and 2 heifers were obtained by homogeneous mating. After the birth, the proband heifers will demonstrate high genetic capacity of dairy properties- 9055kg, but the generation received from them has been foreseen to be of low productivity based on the seeding with bulls of lower productivity. We propose to consider milk fat+lactalbumin quantity as the main property of selection and mating and apply homogeneous mating for creating future generations, stabilize the desirable selection traits by increasing their transferrable power generation by generation, and apply individual heterogeneous mating for cows with 5000-6900 kg lactation by using bulls with 752 kg milk fat + lactalbumin capacity.

Проектирование «ответственного за прошлое» немца в ФРГ в 1950‒1980-е годы: этические и правовые аспекты

The efforts to foster a sense of responsibility for the past in the Federal Republic of Germany (FRG) from the 1950s to the 1980s were influenced by the tension between the legal and ethical evaluations of the outcomes of World War II. The article describes the legal foundations underpinning this process and the challenges faced by the legal system of the FRG during the trials of war criminals. The article also explores the ethical founda-tions and key debates in German society regarding the creation of a new kind of German citizen ‒ one who con-demns National Socialism and is willing to take responsibility for Nazi crimes. The analysis shows that estab-lishing a new post-conflict culture, based on the supremacy of civil rights and freedoms, and a critical reexami-nation of the past, has been a complicated process. German intellectuals actively debated the need for an ethical foundation for society. However, these new foundations were rejected in legal practices due to the continued influence of legal positivism, which emphasized adhering to the “letter of the law” rather than universal moral norms in the administration of justice. The law offered a different view of the German people: independent of historic changes, they could not be blamed simply for living under National Socialism. The process of fostering responsibility for the past was over only by the late 1980s, after the aforementioned conflict had been resolved and a more liberal approach in law had become dominant.

Revisiting the Power of Pardon in Pre-Conviction Cases: A Critique of Federal Republic of Nigeria v Achida & Anor

Revisiting the Power of Pardon in Pre-Conviction Cases: A Critique of Federal Republic of Nigeria v Achida & Anor

Position paper on postgraduate medical education on the occasion of hospital reform - postgraduate medical education must be considered. A joint position paper by Bündnis Junge Ärztinnen und Ärzte and AG Junge Gastroenterologie of the DGVS as well as the Young DGN.

The Bündnis Junger Ärztinnen und Ärzte (BJÄ, Alliance of Young Physicians in Germany) has presented a position paper (PP) on Postgraduate Medical Education (PGME) against the background of an unfolding hospital reform in Germany, and they describe existing deficits of PGME in Germany. Based on this, demands were made of legislators, employers and medical associations which could result in a sweeping reformation of PGME. Hospital reforms can only be accomplished with well trained and motivated physicians. In this respect the BJÄ regards the reform of hospitals and the health-care system as a chance for a reform of PGME, which is long overdue. Legislative competence for PGME lies with the States of the Federal Republic of Germany and this warrants an adjustment of state medical association laws to accommodate the demands of the BJÄ. Generally PGME must be taken into consideration in all health-care legislation, in analogy to the meanwhile globally adopted principle of "Health in all Politics (HiAP)". The BJÄ has made every endeavour to produce this PP. The responsible stakeholders and actors in the health-care system would be well-advised to take the position paper seriously with a dwindling physician work force in hospitals and serious quality deficits in PGME. Hence, the BJÄ must be comprehensively supported. They need congenial partners to define the scientific foundation of all their demands, to test their application under real life conditions in hospital and outpatient care, to pursue research on the impact on patient care and on the intended transformation of the health-care system. This might best be accomplished by partnering with a scientific Association for Postgraduate Medical Education as has been the case in many countries for decades.

Зарубежный опыт организации архивного хранения электронных документов

The article attempts to analyze what organizational and technological solutions are used by archivists of different countries to organize archival storage of electronic documents in state archives. The widespread introduction of document management information systems in the activities of organizations has led to the accumulation of significant volumes of electronic documents that represent value. The most significant documents are subject to long-term storage in state archives. Archivists are called upon to answer the questions of how organizationally and technologically archival electronic documents should be stored, ensuring that professional procedures are followed in accordance with current legal standards. In the USA, a special division has been created within the structure of the National Archives and Records Management, which performs the whole range of functions to organize the storage of electronic documents. The Federal Republic of Germany has a two-stage system of organizing archival storage of electronic documents. From federal institutions, electronic documents are deposited in the Intermediate Archive of Electronic Documents, from where they are transferred to the Federal Archive for permanent storage. The creation of special state archives for the preservation of electronic documents in some countries has not become an effective form of organizing archival preservation of electronic documents due to the lack of their own sources of acquisition and uncertainty of the legal basis for their functioning. On the example of the Republic of Kazakhstan and the Republic of Slovenia, a network information system for electronic documents storage is considered, which is based on a single technological solution for archives of all levels, both individual organizations and state archives, providing automation of the main functions of the archive and their interaction. Based on the conducted research, three main approaches to the organization of electronic documents storage can be distinguished: as part of national archives; in specialized archives; through the creation of a network infrastructure for electronic documents storage. In any case, it is necessary to create a full-fledged regulatory framework, to ensure the integration of information systems in management and in the archive. It is also necessary to harmonize the conceptual apparatus of various normative acts regulating the procedures of organization and technologies of archival preservation of electronic documents. The study of foreign experience will make it possible to use the best organizational and technological solutions for archival storage of electronic documents in the Russian Federation.

ПРУДЕНЦІЙНЕ РЕГУЛЮВАННЯ БАНКІВСЬКОЇ ДІЯЛЬНОСТІ В ЄВРОПЕЙСЬКОМУ СОЮЗІ

Purpose. The purpose of the article is to analyze prudential regulation of banking activity in theEuropean Union and to provide proposals for improving prudential regulation in Ukraine.Methodology. The methodological basis of the research is the dialectical method, which allows youto investigate the set of phenomena in the relationship; a comparative method that allows you tosave the studied phenomena; the method of studying international practice, as well as the methodsof analysis, synthesis, deduction, induction, historical-legal method and formal-legal method. Results. The first section of the article analyzes categorically – the conceptual apparatus ofprudential regulation of banking activity as a type of banking regulation in particular, as well asthe place of prudential regulation of banking activity and its significance for the financial systemof Ukraine.The second section of the article is devoted to the study of prudential regulation of banking activityin individual member states of the European Union (France, Federal Republic of Germany).The third section of the article is devoted to the study of practical problems that arise in theimplementation of prudential regulation and prudential supervision and the provision of proposalsfor improving banking regulation in Ukraine.Conclusions. Prudential regulation of banking activity is an important component for thedevelopment and maintenance of the stability of the banking sector. The successful functioningof the market economy of Ukraine, like that of other countries, is connected with the efficiency ofthe functioning of the market of banking services, in particular credit institutions. Conducting ananalysis of prudential regulation is particularly relevant, because this topic has not yet receivedproper development in the scientific works of scientists and is only beginning to gain practicalsignificance. This study makes it possible to draw a number of basic conclusions about the legaland economic nature of prudential regulation and its main element – prudential supervision, tostudy the legal position of the subjects of this activity, to analyze the problems of the developmentand use of this system, as well as the experience of foreign countries in solving them. Prudentialsupervision ensures transparency and transparency of banking activities and is aimed atpreventing potential negative phenomena in the banking sector as a whole and, in particular,stopping excessively risky or illegal activities in specific banks, which can lead to the bankruptcyof a credit organization, and sometimes to systemic banking or even economic crises. It can beconcluded that effective prudential supervision is an integral part of the system of prudentialregulation of banking activity and is of crucial importance for maintaining the stability of thebanking sector, which is confirmed during the analysis of systemic banking crises.

Проектирование человека в ФРГ и ГДР в 1970-е годы: основные подходы и практики

The article analyzes theoretical approaches to understanding human nature and the prospects for its devel-opment in West Germany (the Federal Republic of Germany, or FDR) and East Germany (the German Demo-cratic Republic, or GDR) in the 1970s. The term “engineering” in this context refers not only to governmental agendas that dictate human transformation goals and methodologies, but also to scholarly inquiries and discus-sions on the subject. Philosophers, sociologists, and educators’ manifestos and writings offer evidence of these changes and help reconstruct social engineering projects. They also identify the theoretical foundations behind visions of the future. In West Germany, there was a shift away from the religious-philosophical understanding of humanity as inherently predisposed to kindness, which had been prevalent in the 1960s. There was also a lot of debate in the 1970s about whether pacifism could be instilled in inherently aggressive individuals. During this time, education also became more politicized, with teachers aiming to shape a worldview centered on key liberal values such as freedom, democracy, and tolerance. At the same time, two projects of humanity were implement-ed in East Germany. The first one was the state project, which aligned with the idea of socialist building and emphasized that only socialism could fully guarantee peace worldwide. The second project was implemented by the evangelical church and educated young people about peace in a way that reflected a different understanding of humanity similar to Christian humanitarian pedagogy. By the 1970s, such ideas had lost their popularity in West Germany.

Motiv osiguranja u nemačkom političkom diskursu o evropskim integracijama

Since the escalation of the Ukrainian crisis in 2013, there have been repeated statements by officials and politicians of the Federal Republic of Germany highlighting cooperation within the structures of the European Union as a kind of "insurance policy" for each member state. This paper examines the use of this term as a metaphor within political rhetoric to illustrate the perceived benefits of EU membership in the context of foreign policy and security challenges. In this sense, the European Union is portrayed as a safety net for its members amidst strained relations with Russia, given that country's role in triggering and shaping the dynamics of the Ukrainian crisis (and beyond). Additionally, the analysis explores the changing perception regarding EU enlargement policy, specifically how it is increasingly viewed as a tool for advancing European security and other political interests. Following a brief overview of the geopolitical nature of the war risk in Ukraine, the paper analyzes statements by German officials, seeking to clarify them through theoretical approaches in international relations (e.g., constructivism, liberal intergovernmentalism, realism) on the one hand, and through technical-conceptual definitions of the term "insurance" and related elements on the other hand.

Current trends in the development of the Intellectual Property Law

This article examines the prospects for the development of intellectual property law in national jurisdictions (Russian Federation, Republic of Indonesia, Federative Republic of Brazil, African countries and others), as well as the place of intellectual property in the system of the UN Sustainable Development Goals. The main areas of activity of the World Intellectual Property Organization in the context of achieving these goals, the results of the implementation and use of digital systems and artificial intelligence in the field of intellectual property in national jurisdictions (for example, automation of patent application processes, of document evaluation, of sending documents to the applicant) are analyzed, also the results of the implementation and application of the process of accelerated examination of “green” patents in a number of countries, including the Russian Federation. During the study, general scientific methods were used: analysis, synthesis, logical method, generalization, as well as a special legal method and a comparative legal method. The author came to the conclusion that the introduction of artificial intelligence and digital platforms into the activities of organizations in the field of intellectual property significantly speeds up and simplifies the entire process from filing a patent application to issuing a patent; it is necessary to create a unified database of “green” patents and carry out comprehensive work to popularize activities in the field of environmental inventions, since currently the search for “green” patents issued in Russia is difficult, and in general, environmental inventions in Russia account for only 1% of the total number of inventions; it is necessary to develop interstate cooperation in the field of intellectual property and develop joint projects, since the problems that need to be solved in the process of achieving Sustainable Development Goals are global in nature.

Judicial Reforms and the Imperative for True Fiscal Federalism in Nigeria

Fiscal federalism is all about adequate financial provisions and autonomy to component units of a Federal State. It is an arrangement whereby revenue sources and allocations are shared amongst the three tiers of Governments in such a way that each of the level exists independently with enough resources and allocations to function as a Government properly. By the combined readings of Sections 81(3), 84(1) (7), 121(3), 124(1), 162(9) of the Constitution of the Federal Republic of Nigeria 1999, show that finances meant for the judicature is controlled by the Federal Government which bears down negatively on the functions of the judicature. The aim of this paper is to examine the need for judicial reforms in Nigeria which will bear on the quality of justice delivery in the country. It seeks to examine the present constitutional provisions on fiscal matters and how it affect judicial reform in Nigeria. The article delved into the legal framework to bring to the fore the necessity to put in place true fiscal federalism in the judiciary in order to have effective judicial reforms. It adopted the doctrinal method of research and used primary and secondary sources such as the Constitution, relevant statutes, case law, textbooks and articles in journal. Findings from the study revealed inter-alia that the Judiciary has been starved of funds thus making it unable to make the much needed impact. The implication of these findings is that without quality fiscal federalism to the judiciary in Nigeria the much clamour for reforms will continue to be a mirage. The paper recommended inter-alia that the provisions of Executive Order No 10 2020 should be inserted in the Constitution so as to protect the finances of the Federal and State Courts.

The Risks to Germany’s Peace and Security Generated by the Reichsbürger Movement or “Citizens of the Reich” Based on Political and Religious Convictions

In recent years, the extreme right in Germany has expanded, the phenomenon gaining momentum. The far-right groups and organisations in Germany were, are and will be dominated by an ideology that amalgamates religious or non-religious ideas but that defends German culture and spirituality according to its visions and objectives. Adherents of far-right ideology combine these ideas with conspiracy theories, and on such a background, some of them change their attitude towards society and become violent. For example, right-wing extremists attacked the Parliament, the symbol of democracy, for the first time in Germany, namely on 29 August 2020, and later on 6 January 2021, protesters, including right-wing extremists, attacked the Congress of the United States of America. One of the organisations, such as the Reichsbürger Movement, which means Citizens of the Reich, who reject the current borders of Germany and want the return to those established in 1871, set up cells and planned activities recently catalogued as terrorists by German prosecutors, in December 2022 and May 2023. For the Citizens of the Reich, there is no Federal Republic of Germany because this country is part of a conspiracy and part of a satanic state system, and they recognise only Imperial Germany. According to the religious beliefs of some of them, the imperial constitution was received from God and must be respected, and they are in an apocalyptic battle between good and evil. The model invoked by some of them is that of Jesus Christ who changed society, erroneously invoking biblical precepts to bolster their claims.

Powrót do ruin. O atrakcyjności niemieckiego powojnia

Return to the Ruins: The Appeal of Post-War Germany One of the most important dates in Germany’s postwar history was May 6, 1955, when the Federal Republic joined the North Atlantic Alliance, an event which perfectly reflected the dynamics of geopolitical changes that had taken place in the ten years since the end of World War II. The article focuses on the depictions of the German civilian population in selected motion pictures which, at least in theory, do not hold ordinary Germans responsible for war crimes. A look at the German war-torn landscape and its functionality will play an important role in the analysis, as it is against this background that the key plot lines are developed. Emphasis is placed on the allegorical and metaphorical significance of the ruins and their hidden meanings. The films under investigation are works created independently of German cinematography (except for two recent international co-productions). This is because the purpose of the analysis is to present the changing attitudes of filmmakers representing nations hostile to Germany until 1945 to the civilian population of ruined German cities. These attitudes, it is worth emphasizing, sometimes stand in opposition to the prescribed perception of Germany and Germans resulting from Cold War political realities and dictating that the nation be treated with sympathy, trust, friendship, and love as a new ally.

Riscurile la adresa păcii și securității Germaniei generate de mișcarea Reichsbürger sau „cetăţenii Reichului” pe fondul convingerilor politice și religioase

In recent years, the extreme right in Germany has expanded, the phenomenon gaining momentum. The far-right groups and organisations in Germany were, are and will be dominated by an ideology that amalgamates religious or non-religious ideas but that defends German culture and spirituality according to its visions and objectives. Adherents of far-right ideology combine these ideas with conspiracy theories, and on such a background, some of them change their attitude towards society and become violent. For example, right-wing extremists attacked the Parliament, the symbol of democracy, for the first time in Germany, namely on 29 August 2020, and later on 6 January 2021, protesters, including right-wing extremists, attacked the Congress of the United States of America. One of the organisations, such as the Reichsbürger Movement, which means Citizens of the Reich, who reject the current borders of Germany and want the return to those established in 1871, set up cells and planned activities recently catalogued as terrorists by German prosecutors, in December 2022 and May 2023. For the Citizens of the Reich, there is no Federal Republic of Germany because this country is part of a conspiracy and part of a satanic state system, and they recognise only Imperial Germany. According to the religious beliefs of some of them, the imperial constitution was received from God and must be respected, and they are in an apocalyptic battle between good and evil. The model invoked by some of them is that of Jesus Christ who changed society, erroneously invoking biblical precepts to bolster their claims.

서독의 대한개발원조 연구 동향과 과제: 1950-1970년대 기술원조에 관한 연구들을 중심으로

It is already approaching 70 years since the Republic of Korea and the Federal Republic of Germany officially established diplomatic relations. Today, most Koreans have a positive image of Germany. In many books and media, Germany is depicted as a country that has helped Korea in the past, a nation that overcame division and achieved unification, and an exemplary society that should be emulated in various fields. Historically, studies on Korea-Germany relations and development aid have not deviated from this viewpoint; only recently have studies with different historical approaches been published. Starting around 2010, various analytical papers containing new perspectives began to be published in quick succession. In particular, studies on West Germany’s provision of development aid to Korea have covered not only related achievements but also external obstacles and internal conflicts; furthermore, such research has revealed the nature and characteristics of aid projects. This paper attempts to introduce the major research trends and point out issues. The present study focused specifically on the Cold War network that served as the backdrop for the provision of development aid to Korea since the 1950s, the relationship between the reform of West Germany’s aid policy in the late 1960s and internal social change, and the cultural hegemony that emerged with regard to West Germany’s technical assistance.

Covert Diplomacy to Overcome a Crisis: West German and Israeli Intelligence after the Munich Olympics Attack

Abstract What happens among intelligence communities when two countries face a diplomatic crisis? This article looks at the interactions between the West German Bundesamt für Verfassungsschutz (BfV) and Israel's Mossad in a multilateral liaison called the Club de Berne after the Munich Olympics attack in September 1972. The article shows that these covert links were a means to overcome the crisis and served different functions for each side. For the Federal Republic of Germany (FRG), which had been severely criticized after giving in to terrorist pressure, the BfV tried to prove to Israel its value as a security asset. For Israel, the Club de Berne allowed Mossad to send a covert message that aimed to pressure the FRG into a no-negotiation line. For both, the agencies could build on preexisting relations based on trust in the Club de Berne, which helped with the normalization process after the crisis. Although diplomatic and domestic policies after the Munich attack are well known, the intelligence dimension has thus far not been explored. The article offers a new way of thinking about covert diplomacy in theory and practice.

Student Movement in Zadar in 1971 from the Perspective of Repressive Bodies of the SFRJ (Socialist Federal Republic of Yugoslavia)

Ovim se člankom na temelju izvornoga arhivskoga gradiva opisuje tijek studentskoga pokreta 1971., i to s isključivim osvrtom na grad Zadar. U tom kontekstu primarno je korištena dokumentacija Službe državne sigurnosti Republičkoga sekretarijata za unutrašnje poslove Socijalističke Republike Hrvatske. Ona je u svojem korpusu sadržavala brojne zabilješke, opservacije i zaključke o djelovanju zadarskih sveučilištaraca i njima svjetonazorski bliskih pojedinaca ili grupa s promatranoga područja. Ta je režimska služba vodila osobne dosjee nadziranih aktera za trajanja događaja koji su obilježili studentske aktivnosti u žarišnim trenucima hrvatskoga proljeća. Pritom je neophodno napomenuti da spomenuti dosjei promatrani zasebno ne moraju biti, odnosno nisu uvijek apsolutno relevantan materijal, ali u cjelini s ostalom dokumentacijom stvaraju nužne pretpostavke za dublje zadiranje i sveobuhvatnije analiziranje navedene teme. Upravo stoga nakana je ovakvim pristupom upozoriti na ključna ponašanja komunističkih represivnih tijela, a u tom smislu poglavito onih koja su bila prioritetna u pokušajima onemogućavanja ostvarenja studentskih ciljeva.

The Remuneration of Teachers and Researchers under Art. 21 of the Brazil-Poland Double Taxation Convention of 2022 in the Light of the Polish Treaty Practice

The aim of this paper is to analyze an exemption addressed to visiting teachers and researchers included in Art. 21 of the Agreement between the Republic of Poland and the Federative Republic of Brazil for the elimination of double taxation with respect to taxes on income and the prevention of tax evasion and avoidance signed in New York on 20 September 2022. The Brazil-Poland provision is compared with its equivalents included in agreements concluded by Poland with other countries. Clauses limiting or extending the application of the exemption, present or missing in Art. 21 of the Brazil-Poland DTC, are discussed. The said provision is also assessed against content and/or quality criteria that such a special provision should fulfill.

Mediation in Administrative Law Proceeding: Comparative Legal Analysis of the Legislation of the Federal Republic of Germany and Ukraine

The article highlights the content of mediation as an alternative method of administrative law dispute resolution through the prism of analysis of the relevant legislation. The relevance of this topic is primarily associated with the problems of resolution of administrative law disputes by the means of litigation. Therefore, mediation appears as a way to find a compromise for both parties, which can be achieved with the help of a mediator whose purpose is to resolve a conflict situation and assist in making a decision which would satisfy the interests of both parties. The purpose of this article is to study mediation as a method of alternative dispute resolution in the administrative process in its broadest sense, i.e., including administrative procedure and administrative proceedings, based on the comparative legal analysis of Ukrainian and German legislation. To achieve this goal and solve the tasks stipulated by it, the following scientific methods were used: systematic, formal legal, comparative legal, analysis and synthesis, and generalisation methods. The article examines the legislation on mediation: domestic and German. It is established that in the legislation and practice of European countries, mediation has been used for a rather long period of time in the resolution of administrative law disputes. Such a widespread use of mediation in administrative law issues is associated with Recommendation (2001) 9 of the Committee of Ministers of the Council of Europe to member States on alternatives to litigation between administrative authorities and private parties, dated 5 September 2001, which emphasises that the use of alternative means of settling administrative disputes makes it possible to resolve these problems and bring the administrative authority closer to the public. The author substantiates the relevance of legal regulation of mediation as a means of resolving administrative law disputes in Ukraine.

The peace movement and politics in Germany — the original ideas and self-awareness of peace advocates in both German states

The article presents an attempt at historical understanding of the experience gained by a united Germany, extracted from the idea of peace, both at the state and at the public level, with its own German characteristics — East and West Germany. The evangelical churches in the Federal Republic of Germany and the German Democratic Republic perceived the nuclear threat as a casus confessionis and led the fight against it.