Rules Of Coexistence Research Articles

Українська національно-правова ідея: виклики сьогодення

It was found that the Ukrainian national-legal idea is the driving force for the preservation and development of Ukrainian identity and statehood based on social and legal ideals, which are formed through the value beliefs, attitudes and orientations of conscious, socially active citizens. Today’s challenges for the national-legal idea of Ukrainians are, first of all, Russia’s military aggression, when the enemy disregards all international and general civilizational rules of human coexistence and tries to destroy our identity, sovereignty and independence. The challenge is not simply the preservation of Ukrainian identity, but, in fact, democracy in the center of Europe. It was emphasized that it is important, despite complex social, political, economic and legal realities, to form a holistic understanding and perception of citizens from an early age, themselves and their nation, traditions, customs, culture as the highest value of national self-identity and the basis of selfaffirmation of a person. Today poses new challenges for Ukraine. Challenges, perhaps the most extensive in the history of the modern development of our state, which are connected not only with the threat to our national identity, but also with the physical destruction of Ukrainians. We are choosing the right to life and our own thousand-year history in the twenty-first century, in the center of Europe. In these challenges of Russia’s war against Ukraine, it is important to preserve our national values, ideals, and ideas, because it is precisely them that the enemy is fiercely destroying, trying to erase our history and the future of Ukrainians. It is noted that the legal ideology, as a component of the legal idea, personifying the law and its essence, establishes the principles of democracy, equality and justice as the main directions of the development of the state and society. Today, we observe Ukrainians realizing the value of the legal ideology of our state, which is aimed at recognizing, observing and realizing the rights, freedoms and duties of a person and a citizen, at the development of a democratic society and a social and legal state. Citizens realized that these are not empty words and that these factors determine the vector of development of our society. Attention is focused on the fact that legal ideology, as a component of the legal idea, personifying the law and its essence, consolidates the principles of democracy, equality and justice, together with the national idea, it accumulates national values, progressive initiatives.

Security as a Public Value

Purpose: Security would seem to constitute the most fundamental public value, and is intrinsically linked with the right to life. Keeping the public safe from internal and external threats is the primary function of governments and states. At the level of global governance, systemic security, and a guarantee of freedom from existential threats for sovereign states, lie at the heart of international law, international organizations, and the normative rules of coexistence. Yet the definition of security has evolved over time. The proliferation of threats to security, and spillover between them, has seen an expansion along the X-axis of issues. Meanwhile, consideration of an increasingly broad hierarchy of the subjects of security (those for whom security should be provided) has seen expansion along the Y-axis of referent objects in two directions from the state - upwards towards international communities and ultimately to the global biosphere, and downwards peoples, communities, and vulnerable groups and individuals. A combination of these perspectives has manifested in three of the gravest crises to face domestic and international governance policymakers: the COVID-19 pandemic, climate change, and the global humanitarian crisis of refugees and forced migrants. This paper traces the evolution of security public values and reflects the emergence of a holistic conceptualization of governance prescription in response. Method: This research project used a qualitative approach consisting of literature review and document analysis. The results of this study should be supplemented by quantitative and qualitative studies in the future. The literature review consists of a comprehensive assessment of scholarly academic publications from competing perspectives in the fields of political and moral philosophy, public administration, and international relations. The document survey is mainly related to the policy documentation output of national governments and international organizations, as well as media reports. Results: The research identifies how the exponential growth of security challenges, and their interlocking and cross-contaminating nature, has rendered traditional modalities anachronistic. It identifies how conceptualizations of what constitutes ‘security’ have steadily expanded to include a greater focus on human beings as the referent object, and to include a broader range of ‘threats’ to these referent objects. Questions related to state and systemic security remain relevant and interact with human-centric issues and perspectives in an increasingly complex web of insecurities. Global governance policymaking has likewise expanded to encompass non-traditional security (NTS) issues, but in doing so has shone a spotlight on the controversial dualistic nature of international organizations. In 2005, United Nations (UN) Secretary-General Kofi Annan referenced the interrelatedness of the three pillars of the UN by noting “we will not enjoy security without development, development without security, and neither without respect for human rights. Unless all these causes are advanced, none will succeed.” In doing so he neatly encapsulated the progress made by the evolution of security and governance conceptualizations, as well as ongoing challenges. Policy prescription and obligations for those who govern, therefore, must increasingly consider spillover between these diverse agendas. This has been reflected in the newly emerging discourse on the humanitarian-development-peace nexus (HDPN). The article assesses not only the promise of the HDPN, but also continued shortcomings in terms of how it is currently operationalized at the global level, two decades after Annan’s original call to action for a more integrated and human-centered approach to security and governance.

Human behavior: philosophical and legal discourse

The article is devoted to the philosophical and legal problems of human behavior in the context of axiological aspects of anthropocentrism, which consists in observing human rights and freedoms and ensuring the principle of human dignity.
 It is emphasized that the dynamic development of society affects the understanding and interpretation of the criterion of "permissibility" in behavior. The worldview and value attitudes and orientations of a person in society are changing, which causes substantial changes in the perception of legal phenomena as phenomena of social reality.
 It was found that legal behavior is human behavior regulated by legal norms. It can be legal or illegal. Accordingly, the law either supports and encourages such behavior (lawful), or, on the contrary, considers it inadmissible, as it violates the norms of cohabitation (illegal).
 It is emphasized that many scientists support the approach that lawful behavior does not require effort, but only involves the individual's refraining from negative actions. It was noted that such detention is not difficult for a person who was formed in a legal environment where those around him were law-abiding citizens, but on the contrary, it is the norm, but there is another type of person, for whom an environment with illegal goals and attitudes was an example. For such people, in order not to fall under the influence of a marginal, and sometimes criminal environment, it is necessary to make maximum efforts, sometimes even associated with danger to life and health.
 It is noted that in the legal sphere there is a rather dangerous behavior of the so-called "double standards", when a person in general allegedly observes the rules of coexistence in society, observes the norms of the law and moral prescriptions, but believes that some norms and standards can be violated due to the fact that the damage from their violation is not significant.
 Attention is focused on the fact that the value of human behavior lies in its implementation in a legitimate direction, through compliance with the norms of law and social morality inherent in a certain society at a specific stage of its development.

Політика США щодо франко-корейського конфлікту 1866 р.

In the article comprehensively examines the process of formulating the Korean policy of the USA in the 1860-s, aimed at the «opening» of the Joseon state to foreign commerce. It is noted that this course was a direct continuation of the strategy, which passed the initial public test in the middle of the ХІХ-th century, during the violent «opening» of Japan. Examining the process of formulation of Washington's policy towards the Korean state of Joseon, the author proves that the reason for interference in Seoul's internal affairs was oppression and persecution by the «isolationist» government of the East Asian state. This problem became particularly acute in 1866, when the Joseon government massively persecuted the country's Christian community, which was developing under the patronage of the French Catholic mission. As a result of the conducted research, the author came to the following conclusions. The Korean policy of the USA became significantly more active in the 1860-s. Under the pretext of protecting French Catholic missionaries from repression by the Korean authorities, the White House advocated, along with other states (in particular, France) for the «opening» of Joseon to foreign trade. The latter was considered as a universal recipe for the spread of «civilized» rules of coexistence to the previously «isolated» countries of East Asia. The actions taken by Washington during this period can be interpreted as a «test of strength» in order to determine the further strategy of «opening up» Korea.

Protection of Christian Values and Religious Websites

The civil society is experiencing a new phase of secularisation. The Author describes in the article the following issues: 1) the digital world is the result of epochal changes, which cannot be separated from a system of values; 2) the digital world as the site of a new relationship between Church and civil society; 3) the search for new rules of coexistence in the use of digital tools; 4) the legal dimension of digital communication.

The historical evolution of the crime of hooliganism

The foundation of a harmonious community is the mutual respect offered by each individual, right as a sign of recognition of the existing values within the society. Respect is one of the most important moral values of every human being, because it is the key to a harmonious social interaction. However, in recent decades there has been an alarming increase in the rate of violation of the rules of social coexistence, through demonstrations and brutal actions to disturb public order, a fact that denotes a lack of respect and good sense towards the moral norms promoted by society. The first legislative acts in which some regulations of acts of hooliganism were found date back to ancient times.

Analysis of criminal procedural principles in first instance courts in the Republic of Moldova

Within a democratic state and the rule of law a separate and very important role is played by the courts. The judiciary is the third power in the state, whose duty is to determine cases of violation of the rules of social coexistence, to resolve disputes arising between the subjects of the law, as well as other duties provided by the legislation in force. The courts are the main subject of the criminal process, because they fulfill the duties of judging and resolving criminal cases. The trial in the first instance is a stage that takes place after the criminal investigation stage and is the most important for the simple reason that it decides whether the person will be limited in certain of his rights or not. The basic purpose of this paper is the study regarding the presentation of evidence in court, focusing on the judicial analysis of the principles of the criminal process.

Overview of the Romanian Legal Framework on Crisis Management. A Debate on the Pandemic Crisis Case

The periods affected by a crisis call for changes in the social framework with which we have been used and for new rules of coexistence to emerge. These rules affect both human behavior and the economic sphere of a state. All these rules are designed to overcome the crisis, but also to learn how to live in a time of crisis. Often of crisis and their management require the restriction of human freedom to reach solutions. But for this new way of living to be accepted, democratic states have only one solution: the law. This article presents a summary of the Romanian legislation over the past two years, analyzing the changes it imposed.

Tryb procedowania oraz przesłanki przekształcenia użytkowania wieczystego w prawo własności

The right of perpetual usufruct has been operating in the Polish legal system since the 1960s. The essence of this right consists in the possibility for the perpetual usufructuary to use land which is publicly owned, to the exclusion of other persons, along with the right to dispose of it. The content of the right to perpetual usufruct is therefore similar in substantive terms to the ownership rights, although it is subject to certain determinants particular only to this law. The limits of the rights of the perpetual usufructuary are determined not only by the provisions of acts, rules of social coexistence, but also by the provisions of the agreement for subjecting land to perpetual usufruct. In addition, the temporary nature of the law and the rules of payment, including the possibility of updating the annual fee for perpetual usufruct, meant that for many years legislative activities were undertaken in the scope of enfranchising perpetual usufruct users. The Act of 20th July 2018 on the transformation of the right of perpetual usufruct of land developed for housing purposes into the ownership right to this land performed normative enfranchisement of perpetual usufruct users. The procedure of confirming enfranchisement is made by the public administration authority in the form of a certificate. The requirement to issue a certificate sometimes demands that the authority conduct a multi-faceted analysis in terms of meeting the conditions for such enfranchisement. Both the material scope of the act, the content of the issued certificate and the paid character of the enfranchisement to which the provisions on state aid apply in practice generate many obligations on the part of the authority issuing the certificate. Due to the universal character of the enfranchisement process and some of its specific features, the legal solutions proposed by the legislator in this area require a more in-depth analysis.

Advances in the field of genetics and difficulties in the diagnosis of di george syndrome.

IntroductionThe spectacular progress of the last decade in the field of genetics is allowing a new development of medicine and the ability to make a better diagnosis. A great example of this is the diagnosis of chromosome 22q11 deletion, which occurs in 1:4000 live births.ObjectivesThis case wants to illustrate the difficulties in the diagnosis, despite technological advances.MethodsExhaustive review of the literatureResultsThis is a 38-year-old male patient diagnosed with chromosome 22q11 deletion in adulthood.Family history of medical problems: mother with genetic diagnosis of chromosome 22q11 deletion, in adulthood, after the diagnosis of her own son.Personal history of medical problems:- Psychiatry: he has been followed up intermittently in psychology since he was 6 years old, due to cognitive difficulties and behavioral alterations. He has had several hospital admissions in psychiatry during adolescence for behavioral disorders and intellectual disability, with possible psychotic symptoms. In treatment with antiepileptics and antipsychotics.- Cardiology: aortic aneurysm and bicuspid aortic valve were detected. The patient underwent surgery in 2018.- Genetics: he is diagnosed with chromosome 22q11 deletion in 2019. This is an inherited mutation of maternal origin that is detected later.- Rheumatology: seropositive rheumatoid arthritis, non-erosive.- Rehabilitation: treatment to improve psychomotor skills, from 6-12 years of age.It is important to emphasize that the diagnosis was made at the age of 35 years, after a more deep study which had been carried out after the debut of the cardiac pathology. In addition, it is very striking that the diagnosis of his mother was made later than the one of the patient himself.Currently, the patient presents serious difficulties in respecting the rules of coexistence at home and in understanding social norms, so that he has not been able to integrate in any environment and remains isolated at home. Serious behavioral alterations with tendency to physical and verbal heteroaggressiveness, difficulty in accepting limits and sexualized and uninhibited behaviors.Clinical judgment: chromosome 22q11 deletion.ConclusionsEarly diagnosis is essential to be able to treat and, above all, prevent the possible complications that this syndrome may present. However, diagnosis is sometimes very complex, despite advances in molecular diagnostic techniques. Therefore, an integrative approach is very valuable, looking at the individual as a whole and not only by systems or medical subspecialties. In addition, it would be very interesting to establish a means of communication between specialties. Finally, it would be a real step forward to integrate all the medical information of each person in a single medical record, an apparently simple aspect, but so far from being possible.Disclosure of InterestNone Declared

МІСЦЕ ДОГОВОРУ ДОВІЧНОГО УТРИМАННЯ (ДОГЛЯДУ) У ЗОБОВ’ЯЗАЛЬНОМУ ПРАВІ

The purpose of this article is to determine the place of the contract of lifelong support (care) in the law of obligation. It has been established that in modern civil legislation and doctrine, the approach to understanding the legal essence of an obligation, as a legal relationship between a creditor and a debtor, characteristic of Roman private law, has been preserved. As a result of the study of the doctrinal positions regarding the place of the contract of lifelong support (care) in the mandatory law, it was concluded that there are three positions of scientists: 1) the contract of lifelong support does not have the right to exist; 2) the lifetime maintenance contract is a type of other civil law contracts; 3) the lifetime maintenance contract is an independent civil law contract. It was established that the first position of the scientists was caused by the prevailing Soviet-era requirement for the rules of behavior of Soviet people, which expressed the essence of communist morality," therefore the contract of lifelong maintenance completely contradicted the rules of socialist coexistence. The second position of scientists is due to the fact that this contract was first legally regulated in the Central Committee of the Ukrainian SSR in 1963 within the scope of the contract of sale. It has been established that the life maintenance contract has received legal regulation as a type of annuity contract in many countries of the world (civil codes of France, Germany, Moldova, etc.). The position of scientists regarding the independent nature of the lifetime maintenance contract is explained on the basis of its characteristic features, which are determined by the legal nature of this contract: 1) the purpose of concluding the contract is the alienation of property rights and the provision of material maintenance (care); 2) retaliatory character; 3) real character; 4) bilateral; 5) fixed-term; 6) fiduciary (trust) character. To date, the debate about the place of a life-long maintenance (care) contract in the law of obligations was finally resolved in the Central Committee of Ukraine of January 16, 2003 by separating a separate chapter 57 "Lifelong maintenance (care)" in sub-section 1 "Contractual obligations" : obligation, right of obligation, lifetime maintenance (care) contract, legal nature, independent character.

Values in the formative education of the upper basic

A strategy to structure the formation of values in human beings begins with a review of the concept of values, ethics, morals, rules of coexistence and the conditions in which it can be established as a consolidated process and directed at the behavior of people. An investigation was carried out on the analysis in the formation of values in the students of the Superior Basic of the Educational Unit "June 5", achieving a variety of interpretations of behavior, which must be adapted to the citizen's perspective, from its teaching and application in young people. An instrument was applied to the students of the Upper Basic, to know, predict and make decisions that favor the full educational development of the students, In addition, the inductive, deductive, analytical, synthetic and statistical methods, with a qualitative approach. The objective was to diagnose the proper use of values, obtaining as a result a diagnosis of the proper use of values where students, in some cases, apply the values that they have been taught from home and deepen them with their teachers.

Проблеми й шляхи трансформації ООН у контексті російсько-української війни

The article makes a brief excursion into the history of international relations and focuses on the search by the world community for uniform rules of international life and relevant mechanisms for its regulation. It is noted that this epochal search was implemented during the formation of the first system of international relations in the XVII century. After each of the 5 established systems of international relations had been formed, peoples agreed on the rules of international coexistence and created relevant international security institutions. The most renowned are the League of Nations and the United Nations Organization. The article claims that it was the UN, created after World War II, which functioned as an universal, legitimate and official mechanism for regulating relations between states. The author emphasizes that after the collapse of the USSR, the Yalta-Potsdam system of international relations ceased to function. The old UN still continues to operate, albeit under new geopolitical conditions. Examples of inefficiency of the UN in exercising its authority in modern circumstances are given; most importantly, we are talking about ineptitude in the prevention of international conflicts. The inefficiency of the UN structures and their leaders in the context of the treacherous attack of the Russian Federation on Ukraine and the unleashing of a full-scale Russian-Ukrainian war is clearly visible. The visit of UN Secretary General A. Guterres to Ukraine and its results are described. The principal approaches and models for reforming the UN proposed by states, regions, groups of diplomats are considered. The contribution of domestic diplomats to the renewal and reform of the UN is highlighted and specified. The conclusion is justified that Ukraine will play leading role in creation of post-war international security system.

Z. Brzezinski’s Strategic Vision of the U.S. Foreign Policy in Late 20th Century and First Two Decades of the 21st Сentury

The study of the influence of Brzezinski (both - as of scientist and politician) on the formation of directions and principles of foreign policy of the United States presidential administrations for almost 50 years allows us to understand the essence of U.S. world leadership and its dynamics in the context of global security and cooperation architecture. The article considers the issue of practical use of elements of Z. Brzezinski's paradigm in the U.S. foreign policy since 1977 until now, yet it is stressed that the advisory and assistance regarding international policy issues was provided by Z.Brzezinski to the US highest level decision-makers and leaders since 1956. The impact of his consultations and recommendations on the foreign policy decisions of the presidential administrations of J. Carter, R. Reagan, G. H. W. Bush, B. Clinton and B. Obama has been analyzed. Particular attention is paid to the incorporation of Z. Brzezinski's concepts during his work on the position of National Security Adviser to President J. Carter (1977-1981) into the field of the U.S. foreign policy of that time. Special focus is made on his role in supporting of anti-communist underground movements, human rights and independence supporters and political dissidents inside the Warsaw Pact countries and USSR itself, including Poland, Baltic countries and Ukraine during the presidencies of J.Carter and R.Reagan. Some international political problems that occurred in the process of implementing the U.S. foreign policy under the presidencies of G. W. Bush Jr and D. Trump in the context of deviations from the concepts proposed by Z. Brzezinski are emphasized especially those that led to the attempts of restoring the Russian neo-empire and violation of the international laws and rules of coexistence. The potential use of the ideas and approaches from Z.Brzezinski’s scientific and political heritage by President J. Biden are considered.

How Dentists Face the COVID-19 in Mexico: A Nationwide Cross-Sectional Study.

Background: on 7 January 2020, a new type of coronavirus was isolated, the Severe Acute Respiratory Syndrome Coronavirus2 (SARS-CoV-2), the organism causing the outbreak that has affected the lives of all humans and has modified the rules of coexistence around the world. In Mexico, from 3 January 2020 to 9 January 2021, there have been 1439, 569 confirmed cases of COVID-19 with 131,031 deaths. The World Health Organization reported that Mexico was ranked twelfth, in terms of confirmed cases of COVID-19 by country. Aim: the objective of this study was to determine what modifications dentists from the Mexican Republic have made to their dental practice during theCOVID-19 pandemic. Methods: the study was conducted based on a questionnaire to evaluate the dentists’ response and knowledge on the modifications in their dental practice to combat the new coronavirus’s cross-transmission. The questionnaire was piloted before it was distributed. The questionnaire was disseminated through the social network Facebook. The questionnaire was distributed to groups of dentists on Facebook, in each of the Mexican Republic states. The survey was carried out during June 2020. Results and Conclusions: from the 32 states of the Mexican Republic, 29 participated with at least one respondent. The results of the applied survey suggest that dentists, at least the population of surveyed ones, have proper knowledge of detection methods of patients suspected of COVID-19, preventive measures that must be applied in the dental office to decrease the risk of infection, and the appropriate procedures and solutions for dental office disinfection.

ТЕОРЕТИЧНІ ОСНОВИ ЗАБЕЗПЕЧЕННЯ ЕКОНОМІЧНОЇ БЕЗПЕКИ ДЕРЖАВИ

The problem of safety remains relevant for man despite the significant technological progress, which is explained by his further perception of the world around him through the relationship «safety-danger». The inability to independently create safe living conditions contributed to the formation of the state as a guarantor of the ability to meet the needs of all members of society. Today, the state performs the function of ensuring the safety of citizens, but with some restrictions on their freedom and coercion to comply with the rules of coexistence. Under the influence of a large number of factors, including globalization, technological progress, climate change, population growth and others, it is important to systematically review the theoretical foundations of economic security as a basis for creating safe living conditions and development of every citizen. The purpose of the study is to generalize the scientific work with the subsequent identification of key approaches to the interpretation of the concept of «economic security of the state» and justification of the author's position. For the theoretical foundations of economic security of the state methods are used: induction and deduction, comparison and systematization – in the study of the essential characteristics of the concept of «economic security of the state»; synthesis and analysis – to identify and characterize the main approaches to the interpretation of the content of the concept of «economic security of the enterprise»; morphological analysis – to build a logical connection between the terms «security», «economic security», «state» and «economic security of the state»; graphic – for a visual presentation of theoretical and methodological material; abstractlogical – for theoretical generalizations and conclusions of the study. The key approaches based on the interpretation of the economic security of the state through «state of the economy», «protection of interests», «stability and stability», «independence», «efficient use of resources», «social orientation» are identified and characterized. The generalization allowed to form our own approach, according to which the economic security of the state involves the implementation of activities aimed at maintaining stability, stability and independence of the economy by implementing protective measures against internal and external threats to national interests and creating safe conditions for sustainable development and meeting the needs of the population. Such an interpretation can be the basis for further improvement of the process of ensuring the economic security of the state.

GENUS / FAMILY AS THE BASIS OF THE LIFE OF UKRAINIAN ETHNOSIS (BY FOLKLORE RESOURCES OF THE END OF THE 19TH TO THE BEGINNING OF THE 20TH CENTURY)

The purpose and objectives of our study are to consider the axiological values of the family in the traditional Ukrainian society of the late nineteenth - early twentieth century, based on the material of oral creativity. This is relevant in terms of studying and promoting the ethos values of Ukrainian society, its best ethnic traditions, and mental qualities. The values of the genus and the family were highly valued in the Ukrainian traditional society. They were the basis of the material and spiritual life of human. This homo-centricity was widely reflected in oral poetry, both prose and song. The image of the kindred (family) in Ukrainian folklore rises to the level of higher existential values of human. The importance of the genus and the family in folk culture, in particular folklore, was written by M. Kostomarov, P. Zhitetsky, M. Sumtsov, I. Franko, V. Hnatyuk, M. Gaidai, M. Pasyak, A. Dey, N. Shumada, V. Skrypnyk and others. In the verbal creativity, there were echoes of the generic structure of society, when the survival of primitive people was possible only in the collective ¬- tribal community. Joint work and residence required regulation of behavior, observance of the rules of coexistence. At this time, simple norms of morality were developed in the clan communities, which included patriarchal families: respect for the father (heads of the family) and elders, the burning of the younger and weak, the patriotism, the respect of the deceased, the family, collectivism. The concept of "genus", "family", "relatives", "native land", "homeland" in folklore are verbalized in the concept of "own"/"stranger". The greatest punishment in ancient times was expulsion from the family, abandonment, deprivation of relatives. In folk songs and other folklore genres depicted the subordinate position of a woman (young woman) in a new family, marginal status of an orphan, widow. In the sense of the homeland, country or family, there may be a hut, which in this meaning gathers the cabaret measurements both externally and internally (archetypes: house-field-temple). Through the genus, the family comes to realize the affiliation of the individual to a larger formation as the state, formed a sense of patriotism, love for their homeland. The high aspiration to the "proper", its merger with the existing, is found in the carol-loving world of an ideal peasant family, where peace, harmony and love prevail, each has its own purpose and scope of duties, behaves in accordance with established ages and sexual norms

ОСОБЛИВОСТІ КВАЛІФІКАЦІЇ АДМІНІСТРАТИВНИХ ПРАВОПОРУШЕНЬ У СФЕРІ ПОВОДЖЕННЯ З ВІДХОДАМИ В УКРАЇНІ

The scientific article examines the content and essence of the legal qualification of administrative offenses, considers their features, for which there is responsibility in the field of waste management in Ukraine. The issue of qualification, in particular of certain types of offenses, issues of qualification of misdemeanors for which liability is provided in the field of waste management in Ukraine is studied. The aim of the work was to determine the features of qualification and study the practice of registration of materials in bringing to administrative responsibility in the field of waste management in Ukraine. In order to obtain the most reliable scientific results in the writing of the work used a number of general and special legal, theoretical and empirical methods of cognition, supplemented by the principles of dialectics. The use of these methods was mostly complex. The research methodology is based on a comprehensive approach to the analysis of the qualifications of administrative offenses in the field of waste management in Ukraine, which consists in the use of general and special scientific methods due to the specifics of the scientific article. The systematic method was used in the study of conceptual and methodological problems of defining the concepts: "qualification of an administrative offense" and "administrative offense". The formal-legal method was used to clarify the content of certain legal concepts. With regard to the results of the study, the article, based on the analysis of scientific views, considers the concepts and features of the qualification of administrative offenses in the field of waste management in Ukraine. It is determined that the qualification of acts as an administrative offense in the field of waste management in Ukraine is a comprehensive analysis of the content of the General and Special Parts of the Code of Administrative Offenses or other articles of administrative tort law thus correlate general and special offenses. Also, a study of administrative and legal qualifications in the field of liability for violations of waste management rules in Ukraine was conducted. Based on the analysis of current legislation and opinions of scientists, it is concluded that the key to the correct application of administrative law in the field of waste management in Ukraine is, first, to fulfill the purpose of administrative penalties in the context of the current Code. In particular, education of a person who has committed an administrative offense in the field of waste management in Ukraine, in the spirit of compliance with the laws of Ukraine, respect for the rules of coexistence and prevention of new offenses by the offender and others. Secondly, observance by bodies (officials) of the rights of persons involved in proceedings on administrative offenses in the field of waste management in Ukraine.

Nadużycie prawa podmiotowego w sprawach o ustanowienie rozdzielności majątkowej i ustalenie nierównych udziałów w majątku wspólnym

<p>The purpose of the study is to determine the scope of application of the construction of abuse of subjective rights in cases involving the establishment of a regime of separate property by the court and the determination of unequal shares in the common property. The prerequisite for both the establishment of the regime of separate property and the determination of unequal shares in the common property are “important reasons”. In order to determine the admissibility of the application of Article 5 of the Polish Civil Code it is therefore necessary to define the meaning of the terms “important reasons” and “rules of social coexistence”. It is assumed herein that general clauses are a kind of reference, in terms of the interpretation of provisions to generically defined norms and non-legal assessments, which have, in principle, an axiological moral justification and, consequently, that only evaluative phrases, as “rules of social coexistence” can be referred to using this term. “Important reasons”, on the other hand, are not an evaluative phrase but an estimative phrase and therefore not a general clause. It was also considered that it could not be ruled the assessment, under Article 5 of the Polish Civil Code, of the request for the regime of separate property to be established by the court or the request for the establishment of unequal shares in the common property, taking into account the extent to which each of the spouses contributed to its creation.</p>

CONCEITOS E PRÁXIS REFERENCIAIS DA ESCOLA CIDADÃ - LEGADOS E O DESAFIO DE REINVENÇÃO

The Citizen School project developed and reflected collectively and participatively in the Municipal Network of Porto Alegre, between 1990 and 2004, produced an extraordinary change in the Public School in dialogue with other experiences, left legacies and challenges us to its reinvention in the face of the conservative neoliberal hegemony that imposes in Brazil. Questioning the authoritarian, meritocratic and exclusionary school, it resignified curriculum, assessment, rules of coexistence and management of education, through the return of sovereignty to citizenship in the relationship with the state, the rupture of the natural mechanisms of inequality and the debate and alteration of schoolregulations, educational legislation and the meaning of the school. However, the alternation in power determined by the elections, put this proposal and its new democratizing, emancipatory and inclusive concepts in the resistance. From this place, it is necessary to reinvent them and deal with important challenges such as racism, sexism, the preponderance of large-scale evaluations and the privatization of the curriculum and educational budget.