Legal Form Research Articles

Taxation in insolvency (bankruptcy) procedures of legal entities

Subject. The article analyzes a set of norms related to the legal regulation of personal income tax, corporate income tax, VAT, and other taxes, as well as the order of their collection (payment) from a bankrupt, depending on its organizational and legal form. The choice of the research object is due to the presence of problems related to ambiguous issues in taxation in bankruptcy proceedings.The purpose of the study. The article attempts to comprehensively analyze the legal support of the current measures regulating the taxation of bankrupt organizations and individuals, current law enforcement practice, and the legal positions of the country's highest courts.Methodology. The leading research method is a formal legal one.Conclusions. The article reveals and concretizes a number of legal problems. The authors argue their own point of view on the taxation of bankrupt organizations and individuals, taking into account the practice of the highest judicial authorities, which, according to the authors.It is concluded that there are grounds to talk about the formation of such a new legal institution of financial law as "public bankruptcy law".

Edible cannabis for chronic low back pain: associations with pain, mood, and intoxication.

Cannabis, commonly known for both therapeutic and intoxicating effects, is gaining accessibility on legal markets and traction as a potential alternative therapy for pain mediation, particularly in those suffering from chronic low back pain. However, the effectiveness in this population of legal market forms of cannabis, particularly commonly used edibles, is unknown. Therefore, this study utilized a naturalistic prospective design where participants with chronic low back pain with intentions to initiate cannabis use for treatment were recruited and self-selected edible cannabis products containing varying amounts of delta- 9 tetrahydrocannabinol (THC) and cannabidiol (CBD). Products were categorized as CBD-dominant, THC-dominant, or combined THC and CBD (THC + CBD). 249 participants [140 female (56.62%), mean (SD) age of 46.30 (16.02), 90% White] were tracked over 2weeks of ad libitum use and assessed during a naturalistic acute cannabis administration session on changes in pain, mood, and subjective drug effects. During acute administration, a significant correlation between THC dose and short-term pain relief was found, suggesting that higher THC doses were associated with greater pain reduction (p < .05). In addition, THC was associated with higher levels of subjective cannabis drug effects (p < .001), regardless of whether CBD was also in the edible product. Acute CBD dose was primarily associated with short-term tension relief (p < .05); however, there were no associations between CBD dose and acute pain. Over the 2-week ad libitum administration period results suggested pain reductions across participants using all forms of cannabis. However, trends suggested that more frequent use of CBD-dominant edible cannabis may be associated with greater reductions in perceived pain over the 2-week observation period (p = .07). These findings support the short-term analgesic effects of THC and anxiolytic effects of CBD and further suggest that orally-administered THC and CBD should continue to be evaluated for the potential to provide both acute and extended relief from chronic low back pain. https://clinicaltrials.gov/study/NCT03522324?locStr=Boulder,%20CO&country=United%20States&state=Colorado&city=Boulder&cond=chronic%20low%20back%20pain&intr=Cannabis&rank=1, identifier NCT03522324.

Responsive Constitutionalism in Australia

Responsive constitutionalism is a theory of constitutionalism that starts from the idea that democracy involves two overlapping commitments — to a relatively thin ‘minimum core’ set of norms and institutions and thicker, more contestable set of rights and deliberative commitments. It then proceeds to affirm a commitment both to legal and political constitutionalism. This article explores the relevance of this theory for Australian constitutionalism and suggests that it in fact has strong resonance with the Australian constitutional tradition. First, the capital ‘C’ Constitution gives strong legal protection to the ‘minimum core’ of democracy in ss 7, 24 and the High Court’s decisions on the implied freedom of political communication and access to the franchise. Second, the small ‘c’ constitution adopts norms that help protect the democratic minimum core and advance a responsive approach to thicker democratic commitments to rights. Third, there are important connections between the idea of responsive constitutionalism and limits on the scope legal constitutionalism and judicial review in Australia. Yet, there are also ways in which a responsive approach points to potential reforms of the Australian constitutional model — to include more robust rights-based constitutional protections, albeit in ways that are premised on a notion of shared legal and political authority and enforcement, and therefore involve a ‘weak-form’ national rights charter or extended principle of legality.

Environmental innovation subjects: current legal challenges

Problem setting. Environmental innovation is a key element of a sustainable development strategy aimed at reducing the negative impact of human activity on the environment. They consist in the implementation of new technologies, processes, products or services that have a lower negative impact on nature compared to traditional solutions. A central aspect of environmental innovations is the participation of entities that contribute to their development and implementation. In all industrialized countries, innovation is one of the priority directions in government policy, because it is the basis of national independence and economic development. The state creates favorable conditions for innovative activity, forming uniform civilized rules and mechanisms that determine the development of all subjects of the innovation sphere. Analysis of recent researches and publications. In particular, in this area there were publications of legal scholars: G.V. Anisimova, V.L. Bredikhina, M.V. Krasnova, Yu. Yu. Bakai, D.V. Zadikhailo and others. Purpose of research consists in determining and making proposals to the current legislation in a certain topic. Article’s main body. The subjects of the modern market of ecological innovations are the state, enterprises, organizations, institutions, universities, foundations, natural persons (scientists and specialists), who ensure the processes of generation and distribution of ecological innovations Organizational and legal forms of innovative activity in the environmental sphere are technoparks, technopolises, business incubators, innovation centers, venture firms, consulting and analytical firms. Conclusions and prospects for development. Technoparks, in today’s world, the latter play a significant role in promoting the direct development of environmental innovations. Their existence is based on the creation of a favorable environment for interaction between scientific institutions, business and authorities with the aim of joint creation and implementation of new technologies of environmental direction. Science parks should contribute to the support of startups, the direction of which is primarily the development and implementation of environmental technologies, including the development of efficient renewable energy sources, waste-free / low-waste materials and other products aimed at reducing the negative impact on the environment. Clusters, in turn, facilitate the concentration of enterprises operating in similar or complementary segments of the economy, thereby allowing them to jointly develop and implement environmental innovations through the exchange of knowledge and resources. Innovative business incubators have the opportunity to provide startups with financial support. It is about receiving grants, investments, etc. Such financial support will allow startups to work on their ideas, develop products and introduce them to the market. Second, business incubators can provide expert support. For example, business consulting, technical advice, marketing or product development support. Experts at the incubator guide startups through the various stages of development, from ideation to commercialization, helping them avoid common mistakes and use best practices.Industrial parks act also as one of the subjects of ecological innovation relations due to their ability to unite production enterprises in order to jointly implement ecological technologies and practices. They can be involved in the implementation of energyefficient technologies, renewable energy, the development and implementation of efficient use of water resources, as well as waste management. Industrial parks can create favorable conditions for cooperation between enterprises in the field of environmental research and development, as well as promote the exchange of knowledge and experience in this area. Thus, the main goal common to all these subjects is to promote the development and implementation of environmentally friendly technologies with the aim of preserving the environment, as well as ensuring sustainable development.

Constitution development cyclicity and factors that influence it

The article is dedicated to the study of certain aspects of the constitution development cyclicity and the factors that influence such cyclicity. The author emphasizes that the state, society and the constitution are in constant interconnection with each other, and therefore formation of cyclicity of constitution development is inseparable from other legal phenomena. It was found that cyclicity is characterized by stability (invariability of the stages (phases) forming cyclicity of constitution development) and survivability (dynamics that forms the constitution’s ability to adapt to new challenges and tasks arising in society). The author draws attention to both actual and legal constitutions. It was established that: a) actual and legal constitutions are indeed independent juridical phenomena, however, they interact with each other and that is manifested in the aspect that de facto relations which influence emergence of an actual constitution contribute to changes of a legal constitution; b) the factors under which de facto relations are formed in the state serve as prerequisites for beginning, development or termination of the stages of adoption, reform and invalidation of the constitution. The author specifies that, since the constitution functions within the political organization of society, all factors relating to cyclicity of its development in relation to the state can be divided into internal factors arising in the state (social, cultural, economic, political, etc.) and foreign policy factors (adoption of international acts, unilateral acts of other states, etc.) which influence determination of a political course and orientation of the state and contribute to dynamism of the constitution’s life cycle. The author gives an example of an internal (political) factor influencing cyclicity of the constitution development – a choice of a new vector of Ukraine’s policy towards membership in the European Union and the North Atlantic Treaty Organization that resulted in introduction of amendments to the Constitution of Ukraine in 2019. The other example given is associated with a foreign policy factor – constitutional changes in Germany in 2022 aimed at increasing the budget expenditures of the state for its army’s defense capability because of the full-scale invasion of Ukraine.

The national idea in the Ukrainian legal area

The study is based on the assumption that at the current stage of development of the State and society, there is a need to form a national idea of the State, which is a theoretical expression of the Ukrainian people's self-awareness of their identity and individuality, and which, based on common values and interests, can be one of the important factors in consolidating Ukrainian society, a general vector for further development of the country and a guideline for its role and place in the world community. The national idea is an expression not only of the psychological and cultural model of society, but also a manifestation of the national legal sphere, which has a complex and ambiguous composition that requires a detailed scientific study. The purpose of the study is to identify the prerequisites and components of the formation of the national idea at the current stage of development of Ukrainian society and the State in the legal plane. The theoretical basis of the study is based on analytical developments in the theory of state and law, political science, constitutional law, and sociology of law in the study of various aspects of the national idea in the context of globalization. Numerous tasks and the diversity of the material under study have led to the use of various research methods: formal legal, systemic and structural, specific sociological, logical. The work uses the socio-cultural and civilizational approaches to the analysis of legal ideology, legal policy, legal doctrine, as well as axiological, geopolitical, and institutional approaches to the national idea of the State. It is noted that when forming the national idea, laying a progressive national-state ideology as its basis, it is necessary to take into account both the cultural uniqueness of Ukraine and the legal component of society, as well as global trends in the modern world. In the context of state-building, the national idea should be an integrative ideological basis on which to consolidate the political nation and create a project for the country's development for the future. It can be argued that the modern state-building process in Ukraine requires modernization of the concept of the national idea and certain adjustments to its value content. In order for the national idea to become an effective basis for the development of the rule of law, it must be correlated with legal ideology, legal policy and legal doctrine, and must be consistent with such values as national interest and national mentality. The implementation of the national idea should have a specific content and be filled with practical steps in the development of the Ukrainian state.

Institute of the Ukrainian Parliament Commissioner for Human Rights: human rights vector of activity during the armed conflict

The article is devoted to understanding the role of the institution of the Ukrainian Parliament Commissioner for Human Rights in the context of armed conflict, which is accompanied by a gross leveling of the category of «human rights» and devaluation of its existential essence, and as a result, this determines the strengthening of the institutional capacity of the Ombudsman of Ukraine in the context of the national human rights protection mechanism. The object of this scientific research is the functioning of the Ombudsman of Ukraine in the constitutional and legal dimension of human rights protection, and thus the subject of the study is limited to the peculiarities of the implementation of the human rights functions of the Ukrainian Parliament Commissioner for Human Rights through the prism of the armed conflict. The methodological basis of the study is a system of general scientific and special methods of scientific cognition, the most common of which are dialectical, formal legal (dogmatic), legal comparative method, legal hermeneutics method, as well as modeling, analysis and synthesis methods which were used to formulate certain definitions, proposed scientific approaches, and to develop certain positions based on the review of regulatory and legal material. Based on the results of this study, the author proposes to deviate from the statutory time limits for applying to the Ombudsman by persons who are in the temporarily occupied part of the territory in order to provide appropriate legal protection and guarantee consideration of applications from this category of applicants, and determines the moment when the time limits begin to be calculated, the feasibility of such an approach, and models different time limits. Interpreting the provisions of the Law of Ukraine «On the Ukrainian Parliament Commissioner for Human Rights», the author proposes and deepens the understanding of «exceptional circumstances» for extending the time limits for filing an appeal during the armed conflict for no more than two years. The author draws attention to the state of practical implementation of the principle of institutional independence of the Ombudsman under martial law, notes the imperfect regulation of the direct principle in legislation and comes to a consolidated conclusion that it is necessary to regulate certain provisions of legal acts to ensure full establishment of the principle of impartiality and independence of the legal institution, and suggests options for eliminating conflicts of law.

THE ECONOMIC AND LEGAL NATURE OF THE MINIMUM TAX LIABILITY

The relevance of the study of the economic and legal nature of the minimum tax liability is due to several factors. Firstly, being relatively new for Ukraine, this type of tax has not yet been sufficiently studied by scholars. Secondly, due to the specifics of the object of taxation, the introduction of the minimum tax liability significantly affects the taxation of farmers – owners of agricultural land and land users, producers of agricultural products, who are among the most vulnerable segments of the population. Thirdly, such a reform of the tax burden on business entities in agriculture, as one of the sectors most affected by Russia's armed aggression, requires a thorough analysis of its timeliness and appropriateness. This necessitates a study of theoretical and practical aspects, potential risks of introducing the minimum tax liability, as well as the formulation of proposals for solving problematic issues in this area, which is the purpose of the study. The research methodology includes a number of methods of scientific knowledge: the philosophical (dialectical) method, general scientific methods (the method of analysis and the formal logical method), as well as methods related to special scientific methods (formal legal and comparative legal). Results. The study of the economic and legal nature of the minimum tax liability concluded that there is a tendency to expand the range of taxpayers. In particular, at the expense of individuals – members of private farms. The article proves that such innovations lead to the loss of existing tax privileges for farms and increase the tax burden for these entities. The authors identify the risks of introducing a minimum tax liability, including incentives for farmers to alienate agricultural land or transfer it to other persons, alienation of farmers from the main means of production, and increased unemployment. It is established that the introduction of the minimum tax liability under the existing conditions is a violation of the fundamental principles of tax legislation of Ukraine. The generalisations obtained can be used to amend the tax legislation and will be useful in conducting scientific research on tax and agricultural legal relations.

Концептуальная правовая основа формирования информационного взаимодействия федеральных органов исполнительной власти и гражданского общества

The article considers the conceptual and legal interdepartmental information interaction of federal executive authorities), identifies problems of legal regulation of forms of interdepartmental information interaction, makes a legal analysis of the application of interdepartmental information interaction the normative legal form of regulation of interdepartmental information interaction and the contractual form of interdepartmental information interaction, defines the range of subjects participating in legal relations of interdepartmental information interaction and identifies problems of formation of legal terminology in this area, recommendations on the regulation of public law relations in the field of interdepartmental information interaction have been developed.

Budgets of state extra-budgetary funds: legal regulation in the modern period

This article analyzes the legal features of the budgets of state extra-budgetary funds as targeted centralized funds. The legal status of state extra-budgetary funds as legal entities is characterized, and attention is paid to the issue of their organizational and legal form. It is concluded that the Social Fund of Russia, its bodies and divisions constitute a centralized system, however, the system of the Compulsory Medical Insurance Fund and territorial funds, which have significant powers, is decentralized. In addition, general issues of budgetary regulation of funds are considered: the procedure for drawing up and approving budgets, types of income and expenses that assume a targeted nature, the formation and approval of reporting documentation.

ASSESSMENT AND PROTECTION OF THE CULTURAL RESOURCES OF THE NADWIEPRZAŃSKI LANDSCAPE PARK

A landscape park is one of the legal forms of nature protection in Poland. It is a protected area due to its natural, historical, cultural and landscape values for preserving and popularising. The Nadwieprzański Landscape Park is located in southeastern Poland, on the middle section of the Wieprz River. The Park was established in 1990 and covers an area of over 6,000ha. The research aimed to identify resources, recognise threats and develop guidelines for protecting the cultural heritage elements of the Nadwieprzański Landscape Park. In the Park, there are monuments from various historical periods, e.g., former fortified settlements, castles, palaces and manor houses, churches, synagogues, war and religious cemeteries, granges, distilleries, mills, railway stations and small objects of sacral architecture, i.e., crosses and roadside shrines. In addition to immovable monuments, an essential part of the region’s intangible cultural heritage is a tradition in the form of holiday customs and rituals, legends and traditional crafts. It is impossible not to mention people associated with the region, their knowledge of this subject and the need to document oral traditions. Protection and preservation of heritage for future generations and rational use of environmental resources significantly affect the constant and sustainable economic development and may improve the standard of living of the local population. Unfortunately, many changes occurred within the Park due to various reasons. These are both natural causes, resulting from the destructive impact of environmental and material changes resulting from the passage of time and reasons related mainly to the lack of proper supervision of the facilities by the legal user, e.g., historic palaces and park complexes. In summary, objectives of the so-called passive, i.e., formal and legal ones and goals of the nature of active – conservation activities and the nature of activities restoring the lost cultural values of the region’s cultural heritage.

Non-legal forms of financial activity in the context of the development of the concept of a “service state”

Taking into account the development of the concept of the “service state”, it is proposed to analyze the possibility of defining illegal forms of financial activity of the state. Foreign and domestic science consider the organizational activities of the state by building client relations between the state and society using various information technologies that allow providing state and municipal services. In this regard, it is appropriate to talk about the services provided related to the financial sector. The author concludes that: a) although the legal forms of financial activity of the state are predominant, nevertheless, non-legal forms are developing in the context of digitalization of public administration; b) non-legal forms of financial activity of the state should include: the portal of public services of the Russian Federation; a unified information system in the field of procurement; personal account of the taxpayer; unified portal of the budget system of the Russian Federation “Electronic budget”.

Issues relating to CSO’s legal form and management in Mongolia and the attempts to restrain civil society

Issues relating to CSO’s legal form and management in Mongolia and the attempts to restrain civil society

Perlindungan Hukum Terhadap Konsumen Jasa Titip Online Dalam Hal Terjadinya Cacat Produk

The development of the online shopping system has given rise to new business opportunities, one of which is known as a buying and selling service. One of the risks for users of ticketing services is the danger of defects in products received by users of online ticketing services. Based on this, what is the legal protection form of consumers of online ticketing services in the event of a defect in the product received? And how are online delivery service business actors responsible for losses received by consumers for defective goods products. This research uses a normative type of legal research. There are two forms of legal protection for consumers of online ticketing services in the event of product defects received through online buying and selling services, namely preventive and repressive legal protection which can be seen in the provisions of the UUPK. The responsibility of online delivery service business actors for losses received by consumers for defective goods products, in addition to rights and obligations, there are also responsibilities that must be carried. This responsibility is part of a binding obligation in the activities of running a business.

Distinguishing the acceptance of an offer, promise or receipt of an unlawful benefit by an official from related criminal offenses and fraud

One of the foundations of the current anti-corruption policy and institutional reform in the field of fighting corruption is the establishment of criminal liability for criminal offenses in the field of official activities and professional activities related to the provision of public services. The priority area of law enforcement activities in Ukraine is combating corruption offenses committed by public officials, and one of the types is acceptance of an offer, promise or receipt of an unlawful benefit. The article outlines the conceptual aspect of distinguishing acceptance of an offer, promise or receipt of an undue benefit from related corpus delicti of criminal offenses which provide for liability for offenses in the field of official activity and professional activity related to the provision of public services, namely, it contains some similar features to those of related criminal offenses such as illicit enrichment (Article 368-5 of the Criminal Code of Ukraine), abuse of influence (Article 369-2 of the Criminal Code of Ukraine), and conducting of bribery. In addition, attention is drawn to the distinction between acceptance of an offer, promise or receipt of an unlawful benefit and fraud (Article 190 of the Criminal Code of Ukraine). The article focuses on the common and distinctive features of the elements of a criminal offense under Article 368 of the Criminal Code of Ukraine with related elements, namely: bribery of an official of a legal entity of private law regardless of its organizational and legal form (Art. 368-3 of the Criminal Code of Ukraine), bribery of a person providing public services (368-4 of the Criminal Code of Ukraine), illicit enrichment (Article 368-5 of the Criminal Code of Ukraine), abuse of influence (Article 369-2 of the Criminal Code of Ukraine), provocation of bribery (Article 370 of the Criminal Code of Ukraine) and fraud (Article 190 of the Criminal Code of Ukraine). The author emphasizes the criteria of objective and subjective features which allow for the appropriate distinction.

Тенденції розвитку законодавства та доктрини приватного права про підприємницькі юридичні особи

The scientific article raises the question of outlining the direction of development of civil and corporate legislation of Ukraine regarding legal entities in general and business, in particular. The definition of legal forms of legal entities in the light of the recodification of the Civil Code of Ukraine. The author of the article supports the idea laid down in the Concept of updating the Civil Code of Ukraine in the part that the legal regulation of organizational and legal forms should be developed in the direction of a closed list of organizational and legal forms of legal entities– societies and institutions. The need to systematize those legal entities that are part of the legal form of «institution» is emphasized, because institutions, funds, and individual legal entities of public law operating in the legal form of the institution differ in their legal status and are not sufficiently regulated today. It is concluded that it is necessary to strengthen the role of the Civil Code of Ukraine in determining the legal status of legal entities of public law by enshrining in the Code norms that would indicate the fundamental nature of the provisions of private law in regulating the organizational and legal forms of legal entities of public law. It is noted that the basis of understanding the concept of an entrepreneurial legal entity are two criteria: activities for profit and its subsequent distribution between participants; the emergence of the founders of a special type of property and personal rights, which are called corporate rights. It is indicated on the need to distinguish between corporate and membership legal relations arising in entrepreneurial and non-entrepreneurial societies. In the article, due to the application of the criterion of «degree of completeness of rights», it was concluded that there are no grounds for identifying membership and corporate legal relations. The content of membership rights in non-entrepreneurial societies is non-property rights, that is, one of the elements of the corporate rights of participants in entrepreneurial societies. Certain property interests, if any, arise in non-entrepreneurial societies, as a general rule, fit into the design «not to get more than invested». It also emphasized the need to improve Art. 961 of the Civil Code of Ukraine regarding the definition of corporate rights, the need to determine the degree of detail of regulation of entrepreneurial legal entities at the level of the Civil Code of Ukraine, in particular in terms of returning to the structure of the Civil Code of Ukraine the norms on joint-stock companies and limited and additional liability companies.

Differentiation of responsibility for crimes against the person: evolution in Russian criminal legislation

The subject of the study is to consider the issues of the evolution of Russian criminal legislation in terms of the differentiation of responsibility for crimes against the person. As the materials of the study, criminal law monuments of national history were selected, in the content of which the differentiation of responsibility for crimes against the person was carried out. The article presents a historical and legal review of the main sources of criminal law of the X-XX centuries in terms of the approach reflected in them to the differentiation of responsibility for crimes against the person and analyzes the formation of an appropriate mechanism of criminal law protection. Using the example of the monuments of Russian criminal law of the X–XX centuries, the features of the construction of qualified and privileged elements of crimes against the person, the ways of their construction and presentation in the text of the criminal law are considered. To conduct an objective and comprehensive review of the chosen topic, the article used such general scientific and private scientific methods as analysis, generalization, historical, formal legal, comparative legal. The novelty of the study lies in the fact that, taking into account the retrospective approach, the historical experience of the formation of the institution of differentiation of criminal liability for attacks on life, health, freedom, honor, dignity and other protected values is traced and the process of consistent regulatory and legal registration of differentiating criminal liability features is reflected. In conclusion, the author concludes that the process of constructing differentiating criminal liability features dates back to the legislation of Ancient Russia, and their subsequent regulation maintained a certain continuity throughout the development of Russian criminal legislation. The differentiation of responsibility, despite its long history, currently remains the main method of criminal law policy, the application of which, including to the crimes under consideration, requires further reflection and improvement.

Правовий статус юридичних осіб як учасників правовідносин у сфері цінних паперів

The purpose of the research is to identify the peculiarities of the legal status of legal entities as participants in legal relations in the field of securities in the context of the adaptation of Ukrainian legislation to EU legislation. The article is also aimed at showing individual trends in the recodification of the Civil Code of Ukraine. Research methodology. To the research, the legislation of Ukraine was used as an empirical basis for research, as well as scientific developments in the field of law, economics and finance. The goals of the research were achieved with the help of the used research methods (dialectical, structural-logical, formal-legal), as well as research techniques (analysis, synthesis, induction, deduction, etc.). The dialectical approach made it possible to determine the peculiarities of the legal status of the participants in relations in the field of securities under the legislation of Ukraine. The method of autopoiesis was also used to study the patterns of development of relations in the field of securities. This made it possible to reflect the mutual influence of economic and legal components, as well as to demonstrate the importance of each of them. The structural-functional method ensured the identification of criteria for the classification of legal entities participating in legal relations in the field of securities. The scientific novelty is that this article is one of the first comprehensive studies of the peculiarities of the legal status of legal entities as participants in the securities market. Conclusions. In the legislation of Ukraine in the field of securities, the requirements regarding the organizational and legal forms of professional capital market participants, whose legal status is determined by the Law of Ukraine "On Capital Markets and Organized Commodity Markets", are unified. This indicates a gradual rejection of the use of such organizational and legal forms of legal entities as full and limited partnerships. The need to maintain a register of systemically important professional capital market participants is justified

Direito, violência e movimentos sociais: reflexões a partir do caso do movimento pela remoção de estátuas

Abstract Using the epistemological instrument of historical and dialectical materialism, embodied in the critique of the legal form of Pachukanis, with the procedural modality attributed to it by Edelman, consisting of formulating theoretical developments from the immanent critique of judicial decisions, the article investigates the relations between law and violence, especially in light of its impact on social movements, from the case study of the legal dispute surrounding the removal of the statue of a Confederate general in the city of Richmond, Virginia. In the end, it is concluded that, even when the state welcomes the interest of a critical social movement, as in the case in question, it does so in order to reaffirm the mechanisms of reproduction of the legal form that imprisons the contesting movements and prevents them from advancing towards the transformation of the mode of production.

Features of Ukrainian cultural sphere adaptation to the conditions of the Russo-Ukrainian War (based on data of UCF survey)

Since the problems of the Ukrainian cultural sphere in the context of war are usually studied in relation to consumers of cultural products, the article emphasizes the expediency of studying the state of culture from the point of view of its direct creators. Using the author’s methodology and on the basis of empirical study, the article highlights the peculiarities of the Ukrainian cultural organizations and cultural figures’ adaptation to the сrisis provoked by russia’s armed aggression. The key factors of cultural organizations and creative industries’ successful adaptation to the war conditions are identified. The survival strategy of cultural workers and institutions can be described as cost savings, along with maintaining activities, creating new products and services, and taking active measures to attract additional funding. It is concluded that adaptation does not always take active forms and is not necessarily associated with positive changes in the organization. Often, adaptability is only the result of passive adaptation to the conditions of war. Special attention is paid to the analysis of changes in the level of adaptability of cultural organizations in the dynamics (from November 2022 to December 2023). Despite the fact that the adaptability index tends to increase in comparison with 2022, there is an increase in neutral assessments of the prospects of their organizations and a decrease in positive expectations among respondents. Based on the respondents’ answers, matrices of motivational and demotivational factors of adaptability were constructed. This allowed us to distinguish adapted and non-adapted organizations and workers and the primary obstacles to adaptation. The results of the study show that cultural institutions need support from the state but the specifics of the request depend on the legal form of the organizations. Groups with high and low levels of adaptability were identified, which requires the development of additional support programs for vulnerable cultural organizations and cultural figures.