Individual Provisions Research Articles

Graphie: A network-based visual interface for the UK's primary legislation.

Background: legislation.gov.uk is a platform that enables users to explore and navigate the many sections of the UK's legal corpus through its well-designed searching and browsing features. However, there is room for improvement as it lacks the ability to easily move between related sections or Acts and only presents a text-only rendering of provisions. With Graphie, our novel navigational tool (graphie.quantlaw.co.uk), we aim to address this limitation by presenting alternative visualizations of legal documents using both text and graphs. Methods: The building block of Graphie is Sofia, an offline data pipeline designedto support different data visualizations by parsing and modelling data provided by legislation.gov.uk in open access form. Results: Graphie provides a network representation of the hierarchical structure of an Act of Parliament, which is typically organized in a tree-like fashion according to the content and information contained in each sub-branch. Nodes in Graphie represent sections of an Act (or individual provisions), while links embody the hierarchical connections between them. The legal map provided by Graphie is easily navigable by hovering on nodes, which are also color-coded and numbered to provide easily accessible information about the underlying content. The full textual content of each node is also available on a dedicated hyperlinked canvas. Conclusions: While we focus on the Housing Act 2004 for illustrative purposes, our platform is scalable, versatile, and provides users with a unified toolbox to visualize and explore the UK legal corpus in a fast and user-friendly way.

Awareness and attitude of medical personnel in Kerala, India to transgender persons

Being one of the first Indian states to come out with a transgender bill in 2015, Kerala's Social Justice Department also implemented various health-based provisions for transgender individuals catering to their physical, mental, and gender-based health. Many of these are still in the process of being set up and transgender individuals will have to wait for smoother access to healthcare. This study aims to assess the awareness regarding general transgender issues and health as well as the attitude towards transgender persons among the medical community- especially medical students and doctors who are a critical link for the integration of the transgender community into society. Responses were collected from 452 medical doctors and students from Kerala through scales that measured awareness level and attitude, including transphobia. The relation of gender, age, years of experience, and specialty of medical personnel to the level of transphobia and awareness about transgender issues was also analyzed using statistical methods. Transphobia levels were moderate in the sample. Women and medical students had lower levels of transphobia than men and practicing doctors respectively. Awareness levels were average for general information about the transgender community, such as its core features and difference from other similar categories but were low on health-related aspects of transgender persons (such as their physical and mental health issues, healthcare provisions, and knowledge on gender affirmation surgery). More inclusive actions are needed in medical education, legislative actions, advocacy groups, and the formation of multidisciplinary surgical teams to further the cause of the transgender community.

Access, referral, service provision and management of individuals with primary progressive aphasia: A survey of speech-language therapists in Italy.

In Italy, approximately 650 individuals receive a diagnosis of primary progressive aphasia (PPA) every year. Unfortunately, the frequency with which patients are referred to speech-language services is suboptimal, likely due to skepticism regarding the value of speech-language therapy in the context of neurodegeneration. We conducted a virtual survey of speech and language therapists (SLTs) across Italy, to collect information about the assessment, intervention and management of patients with PPA. To ensure that as many SLTs as possible received the survey, the Italian Federation of SLTs (Federazione Logopedisti Italiani, FLI) aided in disseminating the survey. In total, 336 respondents participated in the online survey, 140 of whom had previous experience with PPA patients. Respondents indicated having seen a total of 428 PPA patients in the previous 24 months (three patients on average, range: 0-40). SLTs who reported never working with PPA identified underdiagnoses, low referral rates and the rarity of the clinical syndrome as major reasons for their lack of experience with PPA. SLTs with experience working with PPA indicated that patients may not have accessed services because of service dysfunction and geographical barriers. Respondents reported using informal interviews during assessments and tests developed for post-stroke aphasia, while impairment-based/restitutive interventions were utilised most often. Findings may serve to inform health policy organisations regarding the current shortcomings and needed recommendations for improving the care of individuals with PPA in Italy. Improving awareness of the utility of rehabilitation among SLTs and other clinical service providers may serve to facilitate access to intervention, which in turn will serve to better support individuals living with PPA. What is already known on the subject Speech and language therapists (SLTs) play a crucial role in the assessment, diagnosis and treatment of people with primary progressive aphasia (PPA). However, the frequency with which individuals with PPA are referred for speech and language services is suboptimal due to skepticism regarding the value of speech and language therapy in the context of neurodegeneration, the scarcity of SLTs with expertise in the treatment of PPA and the lack of awareness of the SLT role amongst referrers. What this paper adds to existing knowledge In recognition of the lack of published information on the provision of speech and language therapy services and clinicians' approaches to the assessment and treatment of individuals with PPA in Italy, we conducted an online survey to evaluate the current referral patterns for speech and language therapy services and to examine the current barriers to access these services for individuals with PPA in Italy. What are the potential or actual clinical implications of this work? The data presented here support that SLTs view treatment as useful for individuals with PPA and other professional figures and may serve to improve access to intervention, which in turn will serve to better support individuals living with PPA. The results highlight the need to inform health policy organisations about current gaps and aid in developing recommendations for improving the care of individuals with PPA, in order to understand how SLTs can best support individuals with PPA and their families.

Будівельні композитні матеріали на основі деревини: оцінка безпеки в Україні та система технічного регулювання в ЄС

Abstract. Composite building materials based on wood (further ‒ wood plastics) remain a key object of sanitary and hygienic research as an important source of marker air pollutants in residential premises. Aim. Generalization of the results of sanitary and hygienic studies of wood plastics that are in circulation on the market of Ukraine; comparative analysis of individual provisions of the system of technical regulation of the specified products in the EU and Ukraine. Materials and Methods. Directives of EU countries in the field of technical regulation of chemically hazardous construction materials and sanitary legislation of Ukraine; data of sanitary-hygienic researches of the air of residential premises based on complaints of residents of the city of Kyiv, carried out by the "Kyiv City Center for Disease Control and Prevention of the Ministry of Health of Ukraine" (2010-2019); the results of chamber studies of samples (N=4859) of building products based on wood plastics and furniture, performed in the polymer hygiene laboratory of the State Enterprise "L.I. Medved’s Research Center of Preventive Toxicology, Food and Chemical Safety of the Ministry of Health of Ukraine" (2010-2019). Statistical analysis ‒ Microsoft Excel 2019. Results. According to the research data of wood-plastic samples, a high level of their compliance with technical requirements and quality parameters and hygienic standards of Ukraine was established, so over the 10 years of research, the average deviations were: glued plywood, veneered panels, other laminated wood materials - 3.59% (n=1234); fiberboard boards made of wood or other wood materials with or without the addition of resins or other substances ‒ 1.36% (n=1512); chipboard boards, with oriented chips and similar boards (for example, wafer boards) ‒ 1.73% (n=1441); furniture samp-les – 1.6% (n=672). At the same time, an increase in the number of cases of exceeding the concentration of phenol and formaldehyde in relation to the MPC average daily in the air of residential premises of multi-apartment buildings during the same period was found: phenol by 2.86 times (R2=0.764), formaldehyde by 2.7 times (R2=0.529). The difference between wood-plastic samples sent for sanitary-hygienic research and those products that enter residential premises is not excluded, and cases of wood-plastic use in residential premises that are not intended are also found. Fundamental differences in the approaches of the EU and Ukraine to the assessment of the safety of composite building materials still remain unsettled. Difficulties in adapting the product safety regulatory system in the EU for introduction in Ukraine are due to the methodology of risk assessment for human health as a key tool for substantiating product and commodity safety standards. The main distinguishing feature of the EU legal framework on this issue is the recognition of product safety based on the absence of unacceptable risk, and the methodology that was implemented in the Soviet period (more than 30-40 years ago) is based on the principle of "zero risk". Conclusions. There is a need to harmonize the EU system of technical regulation and safety for construction products based on wood with the approaches that are in force in Ukraine, which will contribute to updating the national sanitary legislation, methodology, criteria, and methodical approaches to ensure the safety of a wide range of construction products for the population. An effective tool on this path can be the development and implementation of a targeted interdisciplinary state program. Key Words: wood plastics, risk assessment, technical regulation.

Values in the moral dimension of law: the dispute with A.V. Polyakov in the works of P.P. Serkov. View of the Petersburg school

The article presents a general characterization of three monographs by professor Peter Pavlovich Serkov — “Legal relationship (Morality of modern legal regulation)”, “Legal relationship (Theory and practice of modern legal policy). Part one: legal doctrine and measures of legal policy” and “Legal relationship (Theory and practice of modern legal policy). Part Two: Generalization of legal experiences of ascent to human, society and state” — and the analysis of some key provisions of the first of these monographs is presented, taking into account the polemics with the Petersburg school of philosophy of law, represented by A. V. Polyakov’s communicative approach to law, which is expressed on the pages of these monographs. The authors emphasize that the problem of the correlation between law and morality is a key problem of both legal theory and legal practice. This issue is particularly relevant in light of the goals and objectives defined by the Fundamentals of State Policy on Preservation and Strengthening of Traditional Russian Spiritual and Moral Values, approved by Presidential Decree No. 809 of 09.11.2022. Moral and ethical values should be taken into account in the processes of creating legal rules, applying legal rules, interpreting the law precisely because the value aspect in the law, expressed in its moral dimension, is an integral part of the law itself or a necessary condition for its existence and functioning — this idea unites the works of both professor P. P. Serkov and professor A. V. Polyakov. And, moreover, despite the criticism targeted at A. V. Polyakov as presented in the monograph of P. P. Serkov, in view of the authors of this article, one can see more similarities between the positions of the authors than differences — this applies to the general methodology and individual provisions, relating, first of all, to the ideas about the importance of morality (morality) for the legal system, the subject of law, the principle of mutual legal recognition.

ПРАВОВА ПРИРОДА ТА ПОРЯДОК ВИРІШЕННЯ КОЛЕКТИВНИХ ТРУДОВИХ СПОРІВ

The purpose of the study is a comprehensive analysis of current theoretical and practical problems related to the nature of legal disputes in the field of collective labor dispute resolution in Ukraine and the development of a modern approach to the procedure for resolving such disputes. The task of this article is based on the research of issues related to the establishment of a legal relationship between the definition of "legal dispute" and the concept of "collective labor dispute"; analysis in this connection that is of the nature of collective labor disputes; elucidation of the peculiarities of "pre-trial" and "out-of-court" settlement of a collective labor dispute"; judicial review of collective labor disputes; expression of a position regarding the understanding of the nature and procedure for resolving collective labor disputes. During the conducted research based on a synergistic approach of methodological interaction, theoretical methods of systematic analysis of the main definitions related to the subject of the article, explanation of the position of the authors of the publication taking into account the comparison of national and foreign practice of resolving labor conflicts and empirical methods, in particular, observation, as well as the description of issues were used being covered by the purpose of publication. Results. Thus, according to the authors, collective labor disputes have characteristics of both "dispute about rights" and "dispute about interests". A conciliation and arbitration procedure is used for the disputes, the legal mechanism of which is defined by a special legislative act - the Law of Ukraine "On the procedure for resolving collective labor disputes (conflicts)", that, being part of the legislation of Ukraine, corresponds to international legal acts. "Disputes of interest" are resolved through conciliation procedures, which, in our opinion, should not be subject to the jurisdiction of the courts. Such disputes should be resolved out of court. Part of collective labor disputes, which include requirements for the implementation of a collective agreement, contact, or individual provisions thereof, or non-fulfillment of the requirements of labor legislation (sub-para."c" and "d" of Article 2 of the Law of Ukraine "On the procedure for resolving collective labor disputes (conflicts)") are "disputes about rights", identified with the concept of "legal dispute". Courts have jurisdiction over such disputes. Conclusions. In addition to the legally defined cases of direct appeal to the court, collective labor "disputes about the right" that have the characteristics of a legal dispute, are subject to a mandatory pre-trial dispute settlement procedure. According to the practice of the ECHR, the conciliation and arbitration procedure for resolving collective labor disputes does not indicate a limitation of access to justice. The right of access to a court is not absolute. It can be regulated by national procedures to ensure the effectiveness of the administration of justice

Verfassungsrechtliche Grundlagen der Völkerrechtsfreundlichkeit in Deutschland

The provisions of the Basic Law with references to international law form the foundation of the constitutional principle of friendliness towards international law. They are the basis for its content as well as for its limits. However, the content of the individual provisions of the Basic Law on the domestic effects of international law is rather unclear. The widely agreed restriction of Article 25 of the Basic Law to unwritten international law does not find sufficient support in its drafting history. And Article 59 (2) of the Basic Law does not offer any clear indication that international treaties are only accorded the status of statutory law within the domestic legal order. These two basic constitutional assumptions furthermore lead to inconsistencies and contradictions and do not do justice to the changes of the international legal order since the entry into force of the Basic Law. Against this background, the provisions of the Basic Law do not bar the acknowledgement of a constitutional requirement to observe international law, which also extends to the legislature and to international treaties.

ИНСТИТУЦИОНАЛЬНЫЕ АСПЕКТЫ УПРАВЛЕНИЯ РАЗВИТИЕМ СЕЛЬСКОХОЗЯЙСТВЕННОЙ ПОТРЕБИТЕЛЬСКОЙ КООПЕРАЦИИ

The experience of almost all the leading economies of the world testifies to the exceptional importance of vertical cooperation in ensuring the effective development of the agricultural sector. However, after more than a quarter of a century of its formation, the influence of the modern Russian analogue of this form in the face of agricultural consumer cooperation on the sphere of domestic agricultural production is at best barely noticeable. The main reasons for this situation lie in the imperfection and inefficiency of the institutional component of the management of the cooperative sector. The individual provisions of legislative acts that are put into effect often contradict each other, and sometimes the essential foundations of cooperation. There are cases of lack of consistency of management decisions taken by various executive structures, cases of incoherence of implemented measures at the federal and regional levels, etc. Classification of management institutions of agricultural consumer cooperation based on the proposed methodological approach, combining their grouping by the nature of the impact on incentives and the way of functioning, can be useful as a tool for analyzing and evaluating the effectiveness of these institutions. The criteria of usefulness of management institutions of the cooperative segment of the economy are defined, the generalized indicator of which is the focus on creating favorable conditions for the realization of the advantages of the form due to its essential foundations. The expediency of involving cooperative self-government bodies in the real management of the development of cooperation, including, among other things, delegating certain functions to them, including in the distribution of a certain part of the budget support funds, is argued. The necessity of developing theoretical provisions on the location and stability of the dividing line between the functions of public administration and cooperative self-government is substantiated.

Geneza ustawy o postępowaniu w sprawach nieletnich z 26 października 1982 r.

During the interwar years and after the Second World War, law-making in Poland was very casuistic, which was due to the difficult socio-economic situation of the ruined country. The provisions of the Polish Criminal Code applicable at the time also regulated individual provisions on juvenile perpetrators. The objective of this paper is to present the multiannual and complicated process of creation of separate regulations on procedure in juvenile cases. At the same time, the legislative process of the said act as well as the innovative legal solutions thereof will be presented. It should be emphasised that the problem of a lack of both family courts and separate legal norms applicable in juvenile cases was present not only in Poland, as many other more developed countries were facing it too. The first draft act was proposed at the very beginning of the 20th century, whereas the following years brought about more projects on juvenile cases procedure. Although it has to be recognised that the issue of said regulations was raised quite often, ultimately no project was adopted. A critical look needs to be taken on the fact that juvenile perpetrators committing prohibited acts or acts of a demoralising character were punished pursuant to the provisions of and based on the principles laid out in criminal statutes and other individual statutes, provisions of which were occasionally applied in the said cases. Until 1982, the applied provisions were those of the Criminal Code and the Code of Criminal Procedure from the 1920s and 1930s. Jurists of that time incessantly emphasised that the legal norms regarding the juvenile should be of a preventive and educational nature and that the separate provisions laid out in the repealed Criminal Code and Code of Criminal Procedure did not comply with these requirements. It is worth noting that juvenile cases should be subjected to special protection and appropriately analysed in case of application of outdated provisions. In Poland, the need for the said legislation lasted for too long, as it was not until 1982 that the first separate statute on juvenile cases procedure was adopted.

The concept of abuse of process rights and the criminal process

The article is a discussion of the issue of abuse of procedural rights in the criminal process. Its aim is to systematize considerations and to enrich the discussion taking place in the doctrine of basic issues concerning instrumentalization. Using the method of theoretical-legal analysis a terminological distinction is indicated and the question of what is the abuse of procedural law in a criminal trial is referred to. Using the method of dogmatic-legal analysis, an analysis of individual provisions was carried out, reading the norms expressed by them and pointing to the risks associated with their instrumentalization. At the same time, the research also drew attention to the examples of abuse of procedural law in the criminal process, wrongly indicated in the doctrine. Moreover, the topic of the legal basis for the introduction of the institution of abuse of procedural law on the grounds of the criminal trial has been addressed, signalling at the end a certain possible interpretation.

THE CONCEPT OF "MEGASTRUCTURE" IN MODERN ARCHITECTURE

In the 1960s, the theoretical concept of a megastructure - an extremely large structure - arose in architecture, which predicted the further development of architecture in practice. The concept of megastructure became more complicated and gained depth, combining progressive architectural concepts and theories of the second half of the 20th century ("open form", "indeterminacy", structuralism, architectural metabolism, etc.). But deepening the individual provisions of the concept introduced by F. Maki, one of the defining characteristics of a megastructure – its multifunctionality – did not receive further development among theorists of the middle of the 20th century. Also, in our opinion, it is important to emphasize that the excessive size of the building is accompanied by the extreme complexity of the project program and the construction of the architectural form.
 We traced the evolution of the concept, which began with the design of cities as a single structure, and spread to the design of buildings and the organization of city fragments.
 The border of the 20th and 21st centuries is filled with the practice of building super-large buildings and complexes, the construction of which requires enormous economic efforts of the country, the introduction of technical innovations and the attraction of particularly large investments. We practically witnessed the emergence of a new typology of buildings that combines architecture and urban planning, and for which in most cases the term F. Maki - megastructure is used.
 Architectural theory responds to the problem of super-large structures with the concepts of Groβform, Bigness architecture and megaform. Each of the concepts considered in the study offers its own strategy for solving the problem of gigantism (beyond the boundaries of classical architectural methods) - a megastructural approach (F. Maki), an approach based on a large-scale architectural theme (O. Ungers), a topographic approach (K. Frampton).
 All presented concepts combine the determination of the city-forming role of super-large buildings, their consideration as an effective means of solving the problems of the modern city.

. The Helsinki Agreements: a Lesson From the General European Process

The article examines the main reasons for the signing of the Helsinki Final Act by actors of the global and European international system. The description of individual provisions of the document itself is provided. As a result of the study, it was proved that the Helsinki Agreement became a compromise that consolidated the existing status quo in Europe and defined the framework for the peaceful regulation of relations between the West and the East. The key principles of European peace and security were fixed by the document for many years. The agreement significantly eased the inter-bloc tension without dividing the sides of the process into "losers" and "winners". Individual ideas of Helsinki have not lost their relevance and still contain the potential to support the European security system. The main thing is non-interference in internal affairs and a balance of interests. The formation of the international organization – CSCE/OSCE - was a significant legacy of Helsinki. It opened up the opportunity for Europeans to pursue policies for the creation of a united, peaceful, democratic and prosperous Europe. At the same time, it is difficult to ignore the fact that the modern OSCE in many parameters of its activity is fundamentally different from the initial, conceived option. Today's polemics within the organization are increasingly reminiscent of the inefficient discussions of the former League of Nations. In general, little has been accomplished from the large-scale plans, for which everything started back in the 60s and 70s of the last century. However, a topic that initially seemed secondary to many came to the fore, the issue of observing human rights ("the third basket"). The European practice of interstate relations has demonstrated that the humanitarian part of the Helsinki Agreements remains relevant even today, especially in post-Soviet countries, where, by and large, little has changed since the time of the USSR in terms of the protection of human rights. The OSCE has not become and is unlikely to become the main factor in the formation of a comprehensive system of European security, covering all aspects - from military to humanitarian. Today, pettiness prevails in the organization, which does not correspond to the original intentions of its founders. In addition, the lack of a mechanism to guarantee compliance with the principles of the OSCE can finally "bury" the organization

Mapping experiences of pathological demand avoidance in Ireland

Pathological demand avoidance (PDA) is contended to be a distinct presentation within autism characterised by extreme levels of anxiety in response to the demands of everyday life, manifested in excessive levels of demand avoidance. This results in complex interactions with service providers in education and health settings, impacting on outcomes for individuals and their families. This national study sought to gather the viewpoints of individuals who experience PDA, families, and practitioners, with the intention of determining levels of knowledge, recognition and understanding of PDA; exploring current pathways to assessment and diagnosis; capturing experiences of access to education and healthcare services; identifying effective intervention and support strategies; and illuminating education and health outcomes for individuals and families. This mixed‐method study collates survey responses from N = 264 parents, N = 9 life partners, N = 6 individuals experiencing PDA and N = 54 practitioners, and in‐depth individual and focus group interviews from these cohorts. Findings suggest that a flexible, informed and individualised approach to assessment and service provision for individuals presenting with a PDA profile is essential. Practitioners universally referred to the necessity for a streamlined, integrated and multi‐disciplinary approach. The reported disconnect between education and health systems indicates a need for access to services on an equitable basis.

Self-reported hearing loss is associated with poorer perceived health care access, timeliness, satisfaction, and quality: Findings from the Survey of the Health of Wisconsin

BackgroundHearing loss is a highly prevalent chronic condition impacting communication and may negatively influence patients’ health care experiences. ObjectiveDetermine associations of hearing loss with perceived health care access, timeliness, satisfaction, and quality in a representative sample of the general population. MethodsThe Survey of the Health of Wisconsin (SHOW) is a household-based examination survey that collects data from a representative sample of Wisconsin residents. SHOW participants from years 2008–2013 with data on self-reported hearing loss and health care access, timeliness, satisfaction, and quality were included in this study. Age- and sex- and multivariable-adjusted (additionally adjusted for race/ethnicity, education, marital status, public health region, smoking, chronic disease, self-reported health, and insurance coverage) logistic regression models were used to evaluate associations of hearing loss with participants’ health care experiences. Results are presented as odds ratios (OR) with corresponding 95% confidence intervals. ResultsThere were 2438 individuals (42.1% men) included in this study with an average age of 48.3 (range 21–74; standard deviation [SD] 14.4) years. The number of participants who self-reported hearing loss was 642 (26.3%). After multivariable adjustment, hearing loss was associated with increased odds of perceived difficulties with health care access (OR 1.47 [1.05, 2.05]), timeliness (OR 1.69 [1.23, 2.32]), quality (OR 2.54 [1.50, 4.32]), and satisfaction (OR 2.50 [1.51, 4.13]). ConclusionsGiven the high prevalence of hearing loss and the growing aging population, there is an urgent need to prioritize interventions to improve health care provision for individuals with hearing loss.

PECULIARITIES OF CORRUPTION RISK MANAGEMENT IN ECONOMIC ACTIVITY

The purpose of the article is to study the essence of corruption risks that may arise in the process of ensuring the economic security of the State; to consider the main ways of managing such risks as a method of improving the interaction between the economic and legal components of modern Ukrainian society. The scientific discussion on the problem of legal regulation of economic security in Ukraine is presented. The concept of legislative provision of economic security of the state is proposed. This concept is defined as a set of normative legal acts and documents that determine the priorities of the state, aimed at increasing the level of competence and responsibility of public authorities in ensuring safe conditions for the functioning of the national economy of the state (as a component of national security) by identifying the main risks and ways to eliminate them. The scientific approaches to the definition of economic security are characterized. The author's vision of the essence of economic security is presented. This essence is understood as the interaction of public authorities to ensure the conditions necessary to protect the national interests of the subjects of socio-economic relations at all levels in order to ensure stable growth of the economic indicator, meet the economic needs of society and simplify state control over the use of economic resources. The main corruption risks that may arise in the process of ensuring the economic security of the state and the peculiarities of their management are considered. Results. The main corruption risks that may arise in the process of ensuring the economic security of the state are highlighted: risks caused by the discretionary powers of the subjects of ensuring the national economic security of the state; risks caused by the conflict of interests of the subjects of ensuring the national economic security of the state; institutional risks caused by the presence of a number of determinants that contribute to the development of the criminal intent of an official to commit a corruption offense; system-wide risks caused by the general instability of functioning and other shortcomings of the economic sphere of the state. It is established that the main methods of managing corruption risks in economic activity are: elimination of formalism by expanding/improving the boundaries and ways of interaction of economic entities; preventing the existence of discretionary powers of economic entities; provision of individuals and legal entities with procedural guarantees of influence on the development of the state economy; prevention of conflicts of interest of economic entities; regular analysis of possible losses from risk; modeling of potentially corrupt situations in the economic sphere of the state; forecasting the growth of corruption and elimination of its determinants by means of criminal law and criminology.

Досвід перекладу Передмови до «Критики чистого розуму» Імануеля Канта

The article provides a substantive philosophical, philological and translation­al analysis of each paragraph of the Preface to Immanuel Kant’s Critique of Pure Reason. It is revealed the conceptual character of the Preface’s formulations, which shows the logic of the movement of Kant’s thought in philosophy. In particular, the complexity of the problems of Kant’s philosophical research and the unity of his phil­osophical position, which can be traced in various works of Kant, are visualized. In this light, the Preface acts both as a certain summary and as a general direction for Kant’s subsequent philosophical developments. Pitfalls of possible misunderstand­ing and, accordingly, inadequate translation of individual provisions set forth in the Preface have been identified. The translation of the Preface must take into account Kant’s respect for metaphysics, which the German thinker seeks not so much to sur­pass as to improve. Kant’s metaphysics appears not as a frozen doctrine, but as a path of reason, his creative search for answers to the last/first questions of philoso­phy. This search for reason has been ongoing throughout the history of philosophy and will obviously not be completed by the philosophy of Kant, as he himself was well aware. Criticism of skepticism appears in this light not as a denial of metaphysics as such, but as an identification of weaknesses in one or another historical version of metaphysics. In addition, the study of metaphysics is a matter of discourse – a com­petition of judgments of different thinkers. Metaphysics concerns not only and not so much the reason of a person, but the person himself as the bearer of the reason. At the same time, Kant emphasizes the self-sufficiency of the reason (with all the men­tioned multiple ways of it) as a means of achieving the completeness of metaphysics. This article is an accompaniment to the new Ukrainian translation of the Preface, which is presented below in the same issue of “Philosophy of Education”. The author previously presented these theses for public discussion, but here they received their first academic edition.

Territorial Application of China's Criminal Law

The article is devoted to the problems of territorial operation of the criminal law in China. The factors that actualize interest in the issues highlighted in the article are disclosed. The presented paper gives a general description of the principle of "the territorial operation of criminal law", and also examines its individual provisions on the example of China. The principle of "the operation of criminal law in space" exists in Chinese and Russian criminal legislation. We are talking about its application in a certain territory and in relation to persons who have committed a crime. When countries were sufficiently isolated from the other world, the criminal law mainly regulated the solution of criminal problems of citizens within the clear boundaries of the territory within the country. However, with the opening of borders and the increase in international exchanges, which are becoming closer and closer, citizens of both countries sometimes commit crimes, and more and more conflicts arise – according to the law of which state they should be prosecuted. Consequently, there is a need to consider the problems of determining which criminal law was in effect in relation to a foreign citizen or a stateless person who committed a crime related to the movement in space (people, goods) from one country to another. Consideration of these issues seems relevant in a changing world. In conclusion, it is noted that the operation of the criminal law in space, taking the territory as a criterion, applies to all crimes committed on the territory of the country.

산업안전보건법의 보호대상인 근로자 개념의 해석에 관한 연구

In 2019, the Occupational Safety and Health Act was amended to expand the scope of protection from an employed worker to a labor provider. Although the scope expanded to protect various types of workers who provide labor according to the contract, it is still limited to protecting only a portion of workers with particular types according to the individual provisions of the Act.BR This study examines how the scope of subjects to be protected has changed in the process of amending the Occupational Safety and Health Act. In addition, the definition and scope of workers who will be subject to minimum working conditions that must be guaranteed as human beings stipulated in Article 32, Paragraph 3 of the Constitution will be defined.BR This study presents the subject that the Occupational Safety and Health Act must protect and the criteria for defining them, which will be used as basic data to set the scope of those who provide labor that the Occupational Safety and Health Act should protect in the future.

Freie Kirche im freien Staat. Die Entstehung des österreichischen Protestantengesetzes (1961) zu seinem 60-Jahr-Jubiläum1)

Abstract “The free church in the free state” is a quotation from the Italian politician Cavour that the Austrian Minister of Culture Drimmel took up when he ushered in a new era of Austrian religious policy in 1954. The situation was complicated because the validity of the Concordat with Rome of 1934 was disputed. It was not until the State Treaty of 1955 that its continued validity under international law was confirmed; its domestic enactment by a rump parliament in 1935 (without Social Democratic deputies) was challenged by the Socialist coalition partner. It was not until 1957 that a solution to the concordat issue could be tackled. This was done by renegotiating partial concordats. At the same time, the Protestant Law was drafted, of which the aforementioned minister could say that it realized best his ideas on religious law. He regretted that it could not be implemented in the form of a church treaty. Constitutional concerns stood in the way because the Protestant Church does not have subjectivity under international law. The article discusses the prehistory of the Protestant Law and analyzes individual provisions of it.

Life covers, risk and security — anthropological perspectives of social insurances: a case study from Namibia

With the end of apartheid in Namibia, private insurance companies opened their product range to what they call the “black market.” The increased demand for social insurance is not only because of a lack of security and state-provided welfare programmes but also because of the attractiveness of the products: they allow for merging individual provision with social obligations. With rising incomes, life cover has become more affordable and is mostly taken out as pure term life policies, due for payout only after the death of the policyholder. Since the contracts may involve high payout amounts, companies advise their customers to sign a testament to settle the estate in good time. However, neither insurance companies nor brokers are adequately familiar with the provisions of the prevailing customary laws of inheritance for Namibia’s many cultural groups. This article investigates the role of insurance brokers and the cultural appropriation of formal insurance as a means of safeguarding the future of the living and the dead.