General Civil Research Articles

Dualism in the Institution of Marriage Regulation System in the State of Israel

The paper discusses one of the most interesting institutions of Israeli family law, namely, the institution of judicial dissolution of marriage. The specificity of this institution lies in the fact that divorce proceedings are carried out by religious courts that have been operating for more than one century. In the State of Israel, along with the system of religious courts, a special, non-denominational court of general jurisdiction, called the Family Court, has been established and operated. The jurisdiction of this Court includes consideration and resolution of issues related to guardianship of minors and incapacitated individuals, that is, all those cases that arise as a result of the dissolution of marriage. At the same time, the issues of confirming the existence of marital relations and their termination are assigned to the exclusive jurisdiction of religious courts. If the spouses, by their religion, belong to Judaism or Islam, dissolution of a marriage is only possible by a decision of a religious court. The dissolution of a marriage between spouses belonging to Christianity is carried out in the general civil Family Court that operates under a specially developed law with respect to cases that are deemed special for Israel. Family matters, including the dissolution of marriages, in the Druze religious community are dealt with by a special judicial instance, the Druze court that differs from the courts of general jurisdiction.

Designing new educational outcomes based on the tools of a multi-environment lesson

The article deals with the problem of designing new educational results using the tools of a multi-environment lesson, among which the author highlights and defines cross-cutting competencies. The author's classification of cross-cutting competencies is also presented. With regard to the school stage of human education, seven generalized groups of competencies are proposed: social; educational and cognitive; psychological - pedagogical; general civil; technological; general cultural; managerial. The problems of a multi-environment lesson, classes, activities in the article are considered within a broader context associated with the cross-multidimensional organization of the educational process, didactics and organizational and pedagogical approaches to building a multi-environment lesson. The cross-multidimensional organization of the educational process is considered as a result of repetitive and situational, controlled and stochastic interactions and intersections of the educational environment with a variety of spaces and environments, including digital, cultural-historical, ethno-cultural, innovative, technological, valeological, subject-spatial environments; biblio - media, axiological, semantic, semiotic, noospheric, event and other spaces. Examples of intersection and interaction within the lesson, classes on extracurricular activities of individual spaces and environments, as well as the pedagogical results and effects achieved as a result of this are given. A significant place in the article is given to the description of the construction and application of the multi-environment lesson constructor, which allows you to simultaneously use the potentials and capabilities of several spaces and environments, solve educational problems in accordance with the Federal State Educational Standards and the needs of students, ensure the formation of their meta-subject results, cross-cutting competencies, skills of the future. A separate issue, which is covered in the article, is the problem-activity direction of a multi-environment lesson, the role of the teacher in its design, including determining educational results.

Становление и развитие социального права

Law ideology of the post-soviet states that have been participating in market conditions of social and economic development and that have declared themselves by the constitution as social may seem equal. However, their law systems are not the same. Development of interstate interaction in the frames of the Union State of Belarus and Russia as well as the EAEU requires deep harmonization of the law systems of those countries. Socialization may serve as institutional platform of the law systems harmonization. The idea of socialization was born in Europe in the end of the XIX century. Its purpose was to curb bourgeois individualism and egoism. Nowadays it has been transformed in the direction of balanced combination of interests of all the layers of the society, its partners and collaboration. When applied to the conditions of the modern state of law systems of the post-soviet states, if we take the civil law as an example, main principles of its socializations are described. There are the following principles that are related to the basis of the subject of the civil law: the unity of property and personal non-property relations; interdisciplinary approach to the regulation of civil relations; intersectional legal regulation of civil relations. The main basics of the methods are the unity of the general scientific and civil legal methodology; solidarity, parity, coordination of rights, obligations and legal interests of the person, second parties and society; individualization and specification of civil relations. Other elements of the system of the civil law should be based on the following principles: interconnection of the institutions and other elements of the system of the civil right; the indissoluble connection of an indefinite number of civil legal relations; unity of civil rights and obligations, permissions, prohibitions and regulations.

Legal theory and the judicial practice of the invalidity of licence agreements

The purpose of the paper is to provide an overview of the invalidity rules and case law of licence agreements in the field of copyright law. The rules governing copyright relations are not exclusively governed by the rules of copyright law but are complemented by the rules of civil law as well. The specific grounds for invalidity issues of licence agreements show that these contracts are specific among private law contracts and that the rules applicable to them cannot be brought solely under the Civil Code. This special situation and legal environment are justified by the typically weaker position of the author in the contracting process, consequently, we can find some author-sensitive rules here. The copyright law rules on the invalidity of licence agreements can be found in a mosaic-way, rather than in a concentrated way, as in the Civil Code. The reason for this is also to be found in the regulatory environment, since the Copyright Act only lays down the ‘copyright-focused’ invalidity rules, which can supplement the grounds for invalidity in the Civil Code in cases where the subject matter of the legal relationship is the use of a copyright work. The paper primarily focuses on some ‘general civil law’ issues of invalidity, such as the requirement of written form, the gross disparity in value, or the problems of standard contractual terms and conditions in line with licence agreements. In this sense, I intend to focus on not just the legal theory but show the relevant judicial practice as well.

Zur Entwicklung des Zivilrechts in Österreich 1918−1938

The article provides an overview of the development of Austrian civil law in the interwar period. Although the General Civil Code was only slightly amended five times during this period, some provisions were further developed by both legal scholarship and court decisions. This tendency is particularly evident in economic matters. In addition, urgent issues were dealt with by means of special legislation, such as tenancy law. In some areas – such as marriage law – the reform failed completely. In view of the initially similar legal situation in the successor states of Austria‐Hungary, parallel reform efforts and comparative legal justifications of the respective solutions can be observed.

About the legal nature, principles and legal status of participants in the judicial conciliation procedure

The article is devoted to the consideration of questions about the legal nature of the institution of judicial conciliation, its principles, the legal status of a judicial conciliator, the procedural rights and obligations of participants in judicial conciliation in civil and arbitration proceedings. The author proceeds from the fact that the judicial conciliation procedure is implemented within the framework of civil, arbitration and administrative legal proceedings, regulated by the norms of procedural legislation, due to which it is a kind of public law activity. Accordingly, a conclusion is made about the public powers of the judicial conciliator and the “vertical” nature of the relationship connecting him with the parties to the legal conflict during the judicial conciliation procedure. At the same time, attention is drawn to the specific nature of the direction of judicial reconciliation (not the resolution of the conflict, but its settlement), as well as the specific principles of this procedure (confidentiality). The procedural rights and obligations of the parties to judicial reconciliation, which are derived from the general rights and obligations of the parties in arbitration proceedings, are analyzed. The question of the relationship between the principles of judicial conciliation procedure and the general principles of civil and arbitration proceedings is also considered. Unlike out-of-court conciliation, judicial conciliation procedures are part of the general civil procedural form, therefore their organization and conduct must be carried out in accordance with the principles of civil and arbitration process.

Межнациональные отношения в Хабаровском крае в социологическом измерении: состояние, проблемы, перспективы

Sociological measurement of social indicators determining the degree of satisfaction of citizens with the state of interethnic relations, the level of general civil identity, as well as the socio-cultural adaptation of foreign citizens, is an important tool for assessing and preventing social conflicts (including potential ones) on the interethnic and interfaith grounds. Based on a large-scale questionnaire survey and a series of focus-group studies of residents of the region, as well as a series of expert interviews with the specialists, we presented analysis of the state of interethnic relations in the Khabarovsk territory. It was established that in general, with a conflict-free state of interethnic relations in the Khabarovsk territory, a certain potential for conflict and tension was revealed. It actualizes the need to implement the more effective policy of ethno-cultural development of the peoples of Russia in the region as a tool for harmonizing interethnic relations. It is advisable to place special emphasis on improving information work both with the population of the region as a whole and with young people, in particular. Separately, analysis of the social and cultural adaptation of foreign citizens in the assessments of local residents was carried out. Certain potential for conflict is associated with the rejection of a part of population of the behavioral characteristics of labor migrants. In general, the results of comprehensive sociological study can be used by the regional and local authorities to take into account the preparation and implementation of programs and projects aimed at strengthening civil peace and harmony, harmonizing interethnic relations and ethno-cultural development of the local residents.

Human dignity as a factor in Ukraine’s European integration processes and its religious-doctrinal understanding

Summary. The purpose of the article is to clarify the priority concepts, theological approaches of Christian churches of Ukraine to the problem of human dignity in view of the modern European integration processes of the Ukrainian state. The methodological foundations of the study were comparative analysis, content analysis, dialectics, cultural and anthropological principles, as well as the principles of objectivity, legal support of religious freedom, as freedom of conscience. Scientific novelty. Appeal to the problem of human dignity during the historical tests of Ukraine includes the church not only in a wide range of real relations with the state, but also makes an important actor of European integration processes. Each stage of socio-historical development of European integration of Ukraine is characterized by different manifestations of religious activity of the churches, their diverse response to anthropological, ethical challenges of the social environment. Modern European integration processes of Ukraine too actualize the role of the human factor not only in supporting Ukrainian identity, but also in the preservation of humanistic, general civilization values of the world community. In this aspect, the problem of dignity has a sensory dimension, indicates the further vileness of the state and the churches in it, appears to be humanistic cores, the center of European civilizational norms and principles. How Ukrainian churches respond to this challenge, depends too much in the Ukrainian state, the possibility of peaceful coexistence in a common European space. Therefore, the author offers a comparative analysis of the modern answers of Christian churches of Ukraine on the question of human dignity. The conclusions emphasize that in the conditions of war, which is conducted by Russia in the territory of Ukraine, contrary to any humanistic and civilizational norms of the European community, tolerance of the aggressor state is not possible, since it means neglect of all-Christian values for the sake of the position of the Russian Orthodox Church. Religious organizations are no longer important to remain in the status quo calling “Peace is more valuable than freedom”. Churches should take into account the public space, despite the fact that in the presence of left -wing parties in the power of some states of the world community we have a new deployment of forces, when liberalism requires changes without much riots, seeks not to go beyond the achieved zone of comfort. Churches should learn how to name things with their own names, get rid of positions when they do not want to criticize each other, raise important ecclesiological and political topics. In the conditions of war in Russia in Ukraine with the active support by the Russian Orthodox Church, there can be no dialogue in the context of reconciliation with the aggressor. Currently, the Cold War has already gone into the phase of Europe and the world by a nuclear disaster by the Russian Federation, and therefore, the idea of inter – religious dialogue requires urgent reconstruction, requires a direct answer to the question of whether the dialogue can be a mission of the church, to be conducted by the price of truth and destroy to human dignity.

Extremely High Environmental Turbulence as a Challenge to 21st Century System Management

The article actualizes the challenges of developing the theoretical and methodological basis for managing environmental turbulence in the 21st century under the unprecedented changes that have taken place both in the interpretation of the category of turbulence itself and the ability to manage it between the end of 2019 and the present in the context of the COVID-19 pandemic. The results of the analysis of the category of turbulence of the new type are presented, as well as its nature and content are determined. Conceptual approaches to the criteria for the effectiveness of turbulence management have been developed. The vector of the direction of the evolution of national systems of government in the era of total turbulence at the level of public policy has been defined. The experience of the best management practices at the beginning of 2021 is noted, which, however, shows that without the use of an arsenal of hard technologies it is not yet possible to curb the challenges of extremely high environmental turbulence. Based on the study, the authors made the conclusion about the key role of general civil consent and cooperation in the implementation of manual management regime under the conditions of extremely high environmental turbulence of the early twenties of the 21st century. The peculiarities of forming the international socio-economic context of the period of extremely high turbulence, its problems and contradictions are highlighted. The main features of this context of the newest period include the ongoing systemic crisis of the world economy, permanent structural financial and economic crises, as well as the characteristics of globalization and deglobalization processes as major long-term trends. The trend towards general deglobalization, expressed in the strengthening of national protectionism and manifested in the economic policy of nation-states, has become the most pronounced at the current stage. New international platforms have been sought to implement regulatory management actions in the face of new type of turbulence.

The Good Faith Based Approach as a Legally Acceptable Intervention in Freedom of Contract to Protect Consumers’ Rights When Banks Unilaterally Close Accounts

Abstract This article assesses the permissibility of interference in private autonomy under the good faith principle when payment service providers unilaterally terminate contracts with consumers. The protection of the interests of such consumers is impeded by the formal application of legal rules and contractual terms, which ultimately contradicts public interests, including combating money laundering and terrorism financing. To overcome this conflict, the article proposes a doctrinal approach according to which the bank’s right to withdraw from the contract unilaterally should be limited by the systemic and teleological interpretation of regulating rules in combination with the general civil principle of good faith, which, by analogy with the original source of the problem, is called a good faith based approach. One of the general frameworks for implementing this approach is respect for freedom of contract, which is limited by the non-discussion presumption, modern civil law practice, and legal regulation of a consumer’s interests. According to research based on EU and Latvian law, legal doctrine, and case law, there are also valid reasons to intervene in private autonomy that should be recognized as legally acceptable for restoring justice and contractual equality in favor of consumers.

Collective access to national courts for labour law and social policy disputes: Austria

With this paper we aimed to give an insight into Austria's labour and social security jurisdiction, notably into different forms of collective redress within this system. As the Austrian Labour and Social Courts Act provides for certain instruments of collective redress, the primary focus will be on those. The main drawback of those existing forms of collective action for labour law matters, however, is the lacking possibility for the single employee to enforce the respective judgement. Hence it can only serve as a legal test case. In that respect, instruments of Austria's general civil procedural law could present a practical alternative to the problem and thus the legal framework and ongoing academic debate about the application of those procedures is also a key part of the paper.

DA FUNDAMENTAÇÃO DAS DECISÕES E TEORIA DA ARGUMENTAÇÃO JURÍDICA À DINAMIZAÇÃO DO ÔNUS DA PROVA: O CPC/2015 E A BUSCA DE UM PROCESSO CONSTITUCIONALIZADO

The article aims to analyze the duty and right to justify judicial decisions, in which the theory of legal argumentation contributes in this point, as well as the system of burden of proof’s distribution brought by CPC/2015, as ways to ensure the constitutional guarantee an adeuqate and effective judicial protection. Through the deductive method, it was found that the judge must legitimize his arguments, granting material isonomy to the litigants in what concerns to the evidential production, guiding the process on procedural cooperation. The research contributes in Constitutional Law, Human and Fundamental Rights, General Process Theory and Civil Procedural Law.

Crucial Issues with Legal Protection of Consumers Human Rights when Banks unilaterally Close Accounts

When unilaterally closing a customer’s account due to so-called de-risking, the customer’s interests are not only ignored by the bank but their human rights, including respect for his private life and presumption of innocence, are also severely violated De facto, de-risking stigmatizes discarded consumers as being involved in criminal activity without a court conviction. As a result of the unfair account closure, both the consumer's social and psychological integrity can suffer. Their rights to establish and develop relationships with other human beings and the outside world and respect for reputation are put in jeopardy. In order to overcome the above collision of interests, this study proposes a doctrinal assessment of consumer's interests that should limit the bank's right to unilaterally terminate the contract by the systemic and teleological interpretation of regulating rules in combination with the general civil principle of good faith. By analogy with the original source of the problem, this tool has been called the “Good Faith-Based Approach". Therefore, in view of states' affirmative obligations under the European Convention on Human Rights, this research shows that the consumers' conflicting interests should take priority in legal protection until the consumer's involvement in money laundering and terrorist financing is established and proven. A certain level of restrictions imposed on the consumers' fundamental rights could be considered justifiable to prevent money laundering as long as the business relationship with the bank continues. However, when rupturing contractual relations within the de-risking paradigm, only close adherence to the good faith principles can guarantee that the bank's rights are not applied by the bank formally and unreasonably, that is, against the sense, meaning, and goals established by the regulating authorities or contrary to the general idea of law. Keywords: Good faith, De-risking, Bank account closure, Unilateral termination of contract, Human rights

Russian Compulsory Financial Ombudsman and Civil Procedure

In international law, there is no directly prescribed duty of states to create the institution of financial ombudsman. However, in practice this institution is in real terms very popular for effectiveness in various forms. This paper analyzes the models of financial ombudsman in some of the leading European jurisdictions as well as the Russian model and its distinction from all these models. The successful introduction of compulsory financial ombudsmen according to a new Russian law is impossible without deep integration of this institution with the general civil procedure legislation. The Russian financial ombudsman is authorized by law to partially create for himself the rules for resolving disputes, which in essence gives him the right to create rules of civil procedural law. Since pre-trial settlement of certain categories of civil disputes in the financial markets through the financial ombudsman system is mandatory, providing him with unlimited discretion to determine the amount of the fee for considering a case, this can create a conflict of interest in his or her activities. The new Russian law is criticized for numerous inconsistencies with civil procedure legislation, without the elimination of which the practical work of the financial ombudsmen will be ineffective. I offer some legal approaches for the development of this institution. The competence of the further alternative dispute resolution (ADR) Russian institutions depends on the success or failure of the financial ombudsman.

The concept of "void contract" in public procurement

The way of origin and consolidation in the public procurement procedure of the institute of a void contract, which was first formulated as "the result of invalid bidding", is analyzed.
 The scientific developments devoted to the issues of voidence of transactions and scientific research in the field of public procurement in Ukraine are summarized.
 The author's definition of the procurement contract is given: it is an agreement between the Customer and the Participant (more parties), aimed at establishing, transferring or terminating property rights and obligations, which is concluded as a result of the procurement procedure and provides for ownership of property services or works.
 The grounds for declaring the procurement contract null and void are listed, namely: concluding a procurement contract before or without the procurement procedure, concluding a procurement contract that differs from the content of the tender offer / offer based on the results of the electronic auction; concluding an agreement during the period of appealing the procurement procedure to the Antimonopoly Committee of Ukraine; concluding a contract in violation of the terms.
 The main conceptual differences between a void contract in public procurement and the civil law doctrine of a void transaction are established and characterized. The main difference from void transactions is that the parties and third parties do not have to obtain a court decision to apply the consequences of declaring a transaction invalid, but in cases established by the Civil Code of Ukraine, a void transaction may be recognized by a court as valid.
 The notion of "void contract" in public procurement is critically analyzed through the prism of understanding and essential conditions of general civilization of invalid contract, as it is not possible to recognize such a contract valid in court.
 The definition of a void contract in public procurement as one that violates public order, is concluded in violation of the procedure provided by law, and makes it impossible to recognize it valid in court.

“Ukraine’s glory has not yet died, nor her freedom has” (to the question of the Ukrainian statehood “renaissance”)

The problem of the "revival" (renaissance) of the Ukrainian statehood has been the focus of attention for centuries. On the other hand, Ukrainian intellectual discourse has not been able formulate an integral and consolidated image of the past. A significant obstacle on this path was the state policy of memory of an ad hoc nature, which was built through a combination of Soviet and Ukrainian approaches to the interpretation of the past. The lack of a unifying historical narrative, the regionalization of history interpretations of Ukraine have fueled interpersonal and interregional hostility within Ukrainian society for decades. It has become a fertile ground for the humanitarian aggression of neighboring countries, aimed at desubjectivation of Ukraine through destruction of historical foundations of statehood in public consciousness of the Ukrainians themselves. The points of their spokesmen are reinforced by arguments of the conservative pro-Ukrainian historians, who, trying to consider the history of Ukrainian statehood in the context of general civilization development, have developed the thesis of “non-historical” Ukrainian nation due to interruption of national existence in the sixteenth and eighteenth centuries. This approach, as shown in the article, was important for raising attention of global community to the Ukrainian issue in the second half of the twentieth century, even though it did not reflect the real case. After all, even at the time of strengthening of assimilation policy on the part of neighboring states, Ukrainians did not have the interruption of national existence and continued to cultivate diverse ideas of "revival" and development of their own statehood. Such desire was especially evident in the seventeenth century due to active position of the Cossacks, who managed to wield influence on all segments of Ukrainian population, raising it to an armed struggle for their own freedom and statehood. The inability of the Cossacks to fully implement the tasks gave rise to notes of pessimism in the minds of Ukrainians, whose faith in the revival of their own statehood faded away, but never waned at all. Cherishing the former Cossack greatness, Ukrainians, contrary to the assimilationist policy of the ruling nations or stratums, have always found the strength to speak out reminding themselves and the world that “Ukraine`s glory has not died, nor her freedom”, and therefore they will defend their own statehood.

On the historical and present special literary relations between Belarus and Kazakhstan

Belarus in the XXI century demonstrates a careful and respectful attitude to national literature and culture. The international literary symposium «Writer and Time», which is being held for the seventh year in Minsk during the Minsk International Book Fair, is a platform for exchanging views on topical literary, general civilization issues and is aimed at preserving the spiritual and moral foundations of the development of society and the state. Ethnocultural identity is revealed in the literatures of Belarus and Kazakhstan and the way out into world literature is determined.        The methodology of the article is based on a philological analysis of a literary text in translation. The results of this study are aimed at expanding and deepening the dialogue between the masters of the artistic word of Belarus and Kazakhstan, intensifying literary cooperation, identifying and promoting the most artistically significant works of the two countries. This is undoubtedly facilitated by the functioning of the Internet portal «Consonance: Literature and Journalism of the Commonwealth Countries» (sozvuchie.zviazda.by) based on the publishing house «Zvyazda», which posts new materials about the national literatures of the CIS countries. In the series «Consonance of Hearts» by the publishing house «Zvyazda» a collection of works by Belarusian and Kazakh writers «Knowing No Bounds» has been published, the concept of memory and the modern era are reflected in the published literary texts.        Key words: post-Soviet space, literary translation, criticism, almanac, literary collaboration

Derelikce nemovitosti a její právněhistorické kořeny

It follows from the case law of the Supreme and Constitutional Court that everyone has the right to leave immovable property if they do not illegally avoid liability for non-fulfilment of their own obligations. The legal institute of dereliction has its origins in Roman law, which emphasized the free will of the owner deciding to abandon property. The dereliction of real estate according to the Civil Code in effect takes place by the legal action itself, by which the owner expresses the will to abandon the thing. Declaratory nature of property registration in the real estate cadastre might follow the recodification work in the 1920s and 1930s, as it differs from the General civil code (ABGB) regulation. Moreover, the Civil Code is influenced by socialist legislation when it transfers abandoned real estate to state ownership automatically. Although this was originally considered a measure in favour of the society, it is likely to cause difficulties. In recent years, laconic provisions of the Civil Code have provoked a discussion on the requisites of the application for the registration of state ownership in the real estate cadastre. The cadastral offices and some courts initially considered that the application must be accompanied by a consent statement from the original owner and the state, which, however, contradicts the characteristic of dereliction as a unilateral act. The Supreme Court strongly opposed this practice and interpreted the nature of dereliction in its decisions in detail.

Гражданская идентичность населения Кыргызстана в этническом аспекте

Research relevance: The article analyzes civic identity in Kyrgyzstan from the ethnic aspect. The author’s attention was focused on the “malty-sidedness” of the social identification of an individual and reveal the essence of civic identity as its main type. Analysis of some ethnic features of the common Kyrgyz civil identity is relevant. Research materials and methods: questioning the population of Kyrgyzstan to determine the civic identity of representatives of various ethnic groups in Kyrgyzstan, consideration of the civic identification of Kyrgyz, Uzbeks, Russians, Tajiks and other ethnic groups based on materials from a sociological study. Over the course of many centuries, the ethnic communities of Kyrgyzstan have accumulated centuries-old experience of living together, harmonizing interests, and confronting external and internal threats. Based on the history of the country, the most striking periods of its development were due to the unity of the people, friendship between representatives of different ethnic groups. Research objectives: Civic identity formation presupposes the acceptance of ethnic values, norms and belonging to a particular ethnic group — the ethnic self-determination of the individual of ethnic identity, as well as the adoption of universal, common cultural values, norms and belonging to the population of the country of residence, as the basis for the formation of civic patriotism in the individual, citizenship, patriotism and love for the Motherland of civic identity. Research results: The effectiveness of the formation of a general civil identity of a person requires a clear understanding of the essence of the problem of determining the formation of a person’s civic identity, as one of the components of its social identity, requires a separate study. Conclusions: Among Tajiks, almost 1/4 (23.8%) were determined, among Uzbeks, 1/5 (20.2%) cannot say firmly “Yes” that Kyrgyzstan is their Motherland, out of the ethnic Russians surveyed, only 14.4% belong to this category. Among the Kyrgyz people, 9.1% or 1/10 chose 1 answer to this question.

On the Question of the Formation of a General Civil Identity

This article is devoted to the formation of the General civil identity of a multinational Russian society. The article analyzes a set of factors that influence the formation of a common civil identity and the solidarization of society based on the ideas that underlie the formation of the code of supranational cultural integrity. According to the author, supranational civil identity is the source of the meaning underlying the construction of a single supranational political nation. The General civil identity, being a tool of “soft power”, will allow the Russian state to strengthen its position in the information struggle for the formation of ideological trends that influence the foundations of a consensus dialogue, which will allow resolving a set of negative phenomena that prevent the formation of a unified national identity of citizens.