Conflicts may arise within countries as well as between different countries. Conflict is an integral component of human existence. Conflicts occur in the economic, political, social, ideological, military, managerial and other spheres of public life. Accordingly, the methods and ways of their settlement vary significantly. It is dangerous that both internal (intrastate) and external (interstate) conflicts reduce the country's ability to defend its own interests in the world. Under certain circumstances, such conflicts can be used by external and internal players as an instrument of pressure on the state leadership and encourage it to adopt decisions and agreements that are unfavorable for the country. The solution to any conflicts requires a deep understanding of both the nature of their occurrence and the dynamics of the flow. Today the most dangerous for Ukraine is the armed conflict in the Donbass. This conflict was provoked by the Russian Federation, which sees our country as a "buffer zone" against international military threats. The level of conflict in the zone of armed confrontation is very high. Negotiations at the international level and the efforts to resolve the conflict in Donbass did not bring the desired success. The citizens of Ukraine have no confidence in the successful completion of this conflict. It provokes a social apathy and aggression in Ukrainian society. The cessation of the armed conflict in Donbass is extremely important both for Ukraine and the entire world community. Now Ukraine is forced to develop a strategy of national self-preservation in the difficult and uncertain conditions of international security. Finding optimal answers to hybrid threats is a necessary precondition for maintaining the sovereignty and territorial integrity of our state.
The situation in Ukraine concerns the international community since January 2014 and remains a central issue in legal and political science researches. The United Nations Security Council (UN) was not only unable to prevent the conflict but also to take any possible steps to resolve it. As a result, a number of regional European organizations have been involved in the crisis in eastern Ukraine. The article discusses the mechanisms of activity of key European structures and organizations which aim at preventing, mitigating and resolving the conflict in Ukraine. The specifics of the methods used by each organization are determined, the success of their activities is evaluated, and the ways of increasing their effectiveness and involvement in resolving the Russian-Ukrainian conflict are suggested. The international response of the European community to the conflict in Crimea and eastern Ukraine has been investigated. The approaches, activities and efforts of the OSCE, the EU and the Council of Europe to address the conflict are reviewed. As the crisis in Ukraine deepened, the tasks of the OSCE Monitoring Mission included the following: facilitating access of international experts to the MH17 crash place, monitoring the implementation of Minsk agreements, facilitating the dialogue on local level to achieve a temporary ceasefire, participating in humanitarian sector coordination groups, ongoing supplying with the information regional, national and international media on the current state of conflict. Accordingly, the situation should not be confined solely to the conflict between Ukraine and Russia, as it poses a threat not only to the territorial integrity of Ukraine but also to security in Europe, so the activities of international organizations should be assessed comprehensively with a focus on the need for international law to be respected by all parties concerned.
It has been shown that in recent years in Ukraine the pressure of religious organizations on the legislative and executive authorities has increased and information campaigns and projects of anti-gender and anti-Ukrainian trends have been implemented. The author analyzed how in the regions staying under Russian informational pressure the religious fundamentalism shows the potential of development develop into religious extremism. It has been demonstrated that in Ukraine the gender aspects of security are not well-developed and are heavily influenced by religion. It has been shown that the lack of high-quality gender analytics significantly complicates the forecasting of social processes. The article deals with the question how religious fundamentalism manipulates women's security issues in favor of religious interests. It is noted that the pressure of pro-religious anti-gender movements on the authorities in Ukraine can lead to negative consequences, and that the establishment of a state policy based on religious perceptions of the world can threaten the country's internal security. It was concluded that in times of conflict, religious extremism does not recognize the rule of human rights and proclaims the primacy of religious customs over women's human rights. It is proved that, considering direct conflict with Russia, the spread of religious fundamentalism in Ukraine and the spread of structural gender violence will be relevant and require the immediate development of gender and biopolitical aspects of security. It was concluded that for the progressive democratic development of Ukraine, as well as safe living conditions and the well-being of its citizens, the security services should turn to gender analytics. It has been proven that, in order to protect their interests, religious leaders can initiate a departure from state-guaranteed compliance with international agreements on gender equality in all spheres of life. In this regard, Ukraine's implementation of United Nations Security Council Resolution No. 1325 on Women, Peace, Security and the similar resolutions as well as Recommendations of the UN Committee on the Status of Women for Countries that have ratified the Convention on the Elimination of All Forms of Discrimination against Women, other UN instruments is important for Ukraine. Also important are the country's European commitments in the field of gender equality. In particular, the Council of Europe Convention on the Prevention and Combating of Violence against Women and Domestic Violence (Istanbul Convention) needs to be ratified.
The main topic of the article is the analysis of political views and ideological conceptions of the Ukrainian political emigration after WWII also known as the Third wave of Emigration. According to the done overview it is shown, that the Ukrainian political emigration of the after-war period was politically and ideologically heterogeneous community which activity in political area on theoretical and practical levels had mostly conflicting character. The common principles were however the idea of the national independent of Ukraine as well as aspiration to overthrow of the Soviet communist power. Meanwhile the differences in the views of the most influenced political circles consisted in various strategies and tactics of the liberation struggle, in search for allies and the definition of their own role in the liberation movement. An important point for elaboration of principles and methods of the national liberation was the attitude to the Soviet Ukraine, and the positions of different political parties in this case were extended from its recognition as formal and limited form of the national statehood till the deny of its political subjectivity and proclaiming it as a territory occupied by Moscow bolshevist power. An important aspect of the question of attitude towards Soviet Ukraine by different political groups was the fact of the membership of the Ukrainian SSR in the UNO as well as the interpretation of the international and legal role of this fact in the context of defending of political sovereignty and rights of Ukraine. On these examples it is shown, that political views of the Ukrainian emigration constituted a wide pluralistic spectrum from the left to the right political opinions.
The article analyses the development of the concept of international crime in the "Hague" period, which covers the last decades of the last century and is closely related to the establishment of ad hoc international tribunals in the former Yugoslavia and Rwanda. The article reveals the legal grounds for the establishment of these tribunals, the features of their activities, jurisdiction and principles of responsibility of persons who committed crimes in the former Yugoslavia and Rwanda. The establishment of international justice bodies by UN Security Council decisions has provoked a number of debates about their legitimacy, but it is undeniable that the activities of ad hoc international tribunals have contributed to the initiation of a new stage in the development of international criminal justice, further development of international criminal law, in particular in the development of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court. All types of tribunal jurisdictions are disclosed, but special attention is paid to the substantive and personal jurisdictions of tribunals, which became the basis for the theoretical justification of the "Hague" modification of international crime, as well as the practical implementation of this concept in tribunal decisions. It is shown that the categories of international crimes that constitute the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (serious violations of the Geneva Conventions, violations of the laws or customs of war, genocide and crimes against humanity) and the categories of crimes defined in the Statute of the International Tribunal for Rwanda against humanity and violations of the Geneva Conventions) in the documents of the tribunals have been developed in comparison with the Nuremberg and post-Nuremberg periods. ~ 74 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 It is shown that the substantive jurisdiction of the ICTY and the ICC does not coincide with the provisions of the Nuremberg and Tokyo tribunals. The differences relate to the list of categories of crimes; parallel jurisdiction of international ad hoc tribunals and national courts; extending the competence of ad hoc tribunals to cases of crimes committed both during wars between states and during internal armed conflict, etc. The content of the categories of crimes, their composition, the subjects of responsibility have been clarified. In particular, the characteristic features of the crime of genocide and crimes against humanity are identified; the conditions, elements and subjects for the recognition of their qualifications are indicated. The author pays attention to the principles of personal jurisdiction, shows that in the decisions of international tribunals ad hoc has developed the principle of individual responsibility for international crimes that constitute substantive jurisdiction. The application of the principle of universal jurisdiction in the activity of tribunals is revealed. The author concludes that the establishment of ad hoc international criminal tribunals and their activities has contributed to the development of the concept of international crime and the separation of a special "Hague" modification. Keywords: international crime, tribunal, "Hague" modification, international justice, jurisdiction, criminal liability
The article analyzes one of the problems of personal relations belonging to the ethnic minority of the immigration community and the English- and French-speaking majority of the elite nation of the country of new immigrants, highlights the problem of preserving the national identity of Ukrainians in the Canadian diaspora through persistent, consistent and tolerant steps. Ukrainian linguist, folklorist, Slavist, librarian, organizer of science, teacher, public figure, Professor J. Rudnytsky in opposition to the linguistic assimilation of his own people; the principledness of the scientist in resolving the linguistic conflict, which gave a positive solution for both parties - Canada and the Ukrainian diaspora. The importance of the civic position and significant potential opportunities to influence the official circles of the country, government commissions, committees, international organizations and public opinion of authoritative intellectual work in society and academia, which, using historically sound evidence, proves the objectivity of his point of view. in this way he protects the national dignity of his people, their ancient and rich culture and defends his moral principles and beliefs. A bibliographic review of J. Rudnytsky's scientific work was carried out, where on the basis of historically balanced facts, historical-political, linguistic analysis he investigated the essence of language assimilation, which is equal to the destruction of national identity. It is shown that lexicographical works, conclusions from them gave the scientist a basis to win the struggle for the Constitutional recognition of the Ukrainian language in Canada, which supported the policy of official languages and multiculturalism in the country. It is emphasized that scientific conclusions gave the scientist the opportunity to summarize and summarize the research and became the basis for the introduction into public circulation of a capacious definition - linguocide (language murder), which is now widely used in scientific works.
The article considers legal principles of regulation for relations of guardianship, care and adoption in international family law, the regulation of these forms of arranging children in law and their interpretation in the legal doctrine of certain foreign states, the definition of features and peculiarities of these concepts, the definition of relations in this field, as well as formulation of conclusions and proposals aimed at harmonization of national legislation with the law of leading foreign states.
Legal grounds for the regulation of the relations of guardianship, care and adoption in the legislation of some foreign countries shows that there are different legislative approaches to the regulation of such forms of placement of children. Historical, religious, national factors, elements of tradition and culture – all these factors significantly affect the substantive content of the essential traits of care, and adoption in different countries.
At the same time, the basic provisions of such institutions are unchanged – both guardianship and adoption are intended to promote the upbringing and development of the child, to guarantee the exercise of their rights and legitimate interests, to ensure their care and custody.
Custody relations are regulated both on the basis of conflict law rules and in accordance with substantive rules of private international law. For example, in Ukraine the establishment and cancellation of custody of minors, disable persons are regulated by the personal law of the ward. The obligation of the guardian to accept guardianship is determined by the personal law of the person appointed by the guardian. The relationship between the guardian and the person under guardianship is determined by the law of the state the body of which appointed the guardian.
The regulation of relations for international adoption is subject to conflict of law rules. In Ukraine, adoption and its abolition are governed by the child's personal law and by the adopter's personal law. A person's ability to be an adopter is determined in accordance with his or her personal law. The legal consequences of adoption or termination are determined by the personal law of the adopter. One of the areas of state activity regarding adoption should be effective monitoring and control over the processes of adoption including the participation of foreign entities as well as the further upbringing, care and observance of the rights and interests of children who have been adopted by foreigners.
Monumental and museum work in Ukraine in 1960-1970's of XX century. characterized by a wave of mass interest in Ukrainian culture and the spread of the progressive idea of creating ethnographic museums of a new type – open-air museums, commonly called scans. The first such museum in Ukraine was the Museum of Folk Architecture and Life in the Middle Dnieper region in Pereyasla, Kyiv region, which is one of the richest treasures of original folk architecture and life of the inhabitants of the Dnieper villages of the 19 th – beginning оf the 20 th. The museum is a part of National historical and ethnographic reserve «Pereyaslav». This project had no precedents in Ukraine, so the path to the realization of this idea was difficult and long. Foreign experience in creating open-air ethnographic exhibitions was especially useful, as the museum practice of Ukraine still lacked theoretical knowledge, polished methodology, clear principles of museum studies, international standards, and good work experience. The approaches of Pereyaslav museums to this new, methodically and practically not developed business, were creative and original. The experience of its founders was useful for creating other museums of folk architecture and life in Ukraine. The article examines the history of the Pereyaslav scansen. Different conceptual approaches of its founders are analyzed. The proposed article deals, first of all, with the scientific controversy between the director of the Pereyaslav-Khmelnytsky State Historical Museum M.I. Sikorsky and public figure E.F. Ishchenko regarding the definition of the type of museum, its name, thematic structure, exposition content, landscaping and other issues. Scientific discourse also had its positive sides. The controversy that arose between the founders allowed both sides to consider true, logical ideas in the theory of each of them. Scientific discourse also had its positive sides. The controversy that arose between the founders allowed both sides to consider true, logical ideas in the theory of each of them.
The review evaluates the content of the monography. It has been concluded that the idea of the monograph is relevant since the rules of international treaties of Ukraine (namely, bilateral agreements on legal assistance) and the Law of Ukraine on Private International Law (hereinafter: PILA) contain some gaps and uncertain provisions regarding international succession law issues which need to be filled or revised respectively. We support the author's suggestion to make such amendments taking into consideration Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, as well as, the EU Private International Law doctrine and solutions to international succession law issues in national law of some the EU Member States. The book consists of 15 chapters which focus on the determination of international jurisdiction in succession matters; determination of the law applicable to succession relations with a foreign element; recognition and enforcement of foreign decisions in succession matters; acceptance of authentic documents created abroad. Many author's ideas seem appropriate. They include the suggestions to determine the scope of law applicable to the succession in PILA; to amend the conflict of laws rules applicable to the form of wills; to include in PILA conflict of laws rules regarding succession agreements; to amend some rules of Civil Procedural Code of Ukraine applicable to recognition and enforcement of foreign decisions in civil matters and others. It was concluded that the monograph would useful f
У статті розглядається поточний російсько-український конфлікт із точки зору класичної теорії тріадичного зв'язку Роджерса Брубейкера. Ми протиставляємо нову політику пам'яті, освіти та мови в Україні після Євромайдану офіційній російській критиці з її широкими посиланнями на, серед іншого, нацизм та "етноцид", міжрегіональну напруженість всередині України, а також спільне "героїчне" минуле росіян і українців. На перший погляд, риторичне та політичне загострення між Україною та Росією у 2014-2019 роках виглядає як типовий тристоронній конфлікт між постколоніальною державою-націоналізатором, етнічною меншиною та її зовнішньою батьківщиною, за концептуалізацією Брубейкера. Проте на основі історичної контекстуалізації ми робимо висновок, що класична теорія тріадичного наступу може лише частково пояснити причинно- наслідкові механізми ескалації російсько-українського конфлікту.
The article deals with the theoretical and practical aspects of the problem of conflictization of the cultural and historical space of Ukrainianness under conditions of modern threats. The essence of conflicts is revealed in the article, the interpretation on the conflict as an attribute of social life is done, its influence on the processes of social transformations is traced. The causes and conditions of the emergence, escalation and resolution of conflicts on various levels are analyzed, the possibility and necessity of managing them is substantiated. The article is devoted to theoretical and methodological analysis of contemporary studies in conflictology. It is proved that it is reasonable to apply an integrative approach to classification of social conflicts. An integrative approach to the analysis of conflicts is the methodological basis of research, which involves its consideration not only as a source of destruction and death, but also as the initial place of development of society. The autor comes to conclusion that the term of conflictization processes has considerable scientific potential for study of social conflicts. The analysis of the essence of conflictization's processes, their specific character and sources of emergence is done on the base of conflictological theories. The article analyzes special features of contemporary conflicts in the context of global processes. The specificity of conflictization in interstate relations in the era of globalization raise this phenomenon to transnational and even planetary scale. Under conditions of militarization of conflict interaction, the level of conflict potential also increases. The escalation of tension and the use of violence through militarization of conflict interactions leads to armed confrontation. Contemporary armed conflicts pose a significant threat to humanity as they may expand in the context of globalization. The formulating of a row of measures (of humanitarian, socio-economic and politico-military nature) is aimed to prevent challenges, dangers and threats to the national interests of Ukraine. It is also necessary to maintain a balance of forces, values, resources, political, legal and socio-economic problems in the society and the state. The importance of a comprehensive strategy of counter the destructive actions of foreign mercenaries in Ukraine has been substantiated. The focus is on the use of political and diplomatic means through the active participation of the international community and the strengthening of economic sanctions against the Russian Federation. «Smart power» is interpreted as the ability to combine the resources of «hard» and «soft» power in order to strengthen the position of Ukraine on the international scene. The importance of the strategy of «smart power» as a basis for overcoming the armed conflict on the territory of Ukraine and the reintegration of the occupied territories was substantiated. We have made an attempt to interpret conflictization processes in the framework of an integrative approach. The proneness to conflict is now playing a distinctive role in the social and political life of the Ukraine. The discursive-consensus and assertive strategies for successful solution of a social conflict is considered to be an optimal one.
The article provides reflexive analysis of the key factors of the cessation of armed conflict in the East of Ukraine and the return of the temporarily occupied regions of Donetsk to Lugansk oblasts under the authority and jurisdiction of our sovereign state. As the oldest works on war and peace (Sun Tzu) are known, the longer the armed struggle is, the more difficult it ends with a just world, therefore, a wide range of approaches are usually proposed for resolving the armed conflict in the Donbass: from a compromise with the aggressor to victorious plans and strategies for a military solution to the liberation of captured territories. In the pre-election period, Ukrainian political parties, without theoretical justification, propose such populist approaches to solving difficult military-political problems. Our approach is based on the identification of the causes and consequences of the occupation of the Autonomous Republic of Crimea and the ORD and LO, the importance of adhering to the principles of international law, humanism and progress in the conduct of state policy, recognition of the factors of the key - activity factor of the peacemaking of multinational forces whose phenomenon is not explicated, theoretically unclear as to the peculiarities of the socio-political and humanitarian situation in the Donbass. Peacekeeping as a relatively new international legal and humanitarian phenomenon is attributed to the peaceful measures of the world community, which, according to the UN Charter, is taking "other measures" for the restoration of peace and the prevention of humanitarian catastrophes. His controversial nature follows from the fact that, on the one hand, the United Nations does not interpret its Statute, as "the right to intervene in cases that are essentially within the competence of any state, and on the other hand, it must take all measures for the establishment and preservation of peace. He peculiarity of the use of multinational peacekeeping forces in the East of Ukraine is its work on the basis of the UN Charter, the synthesis of humanitarian, political, social missions, military and civilian control over the humanitarian situation, which could lead to disaster.
The article is devoted to the study of the biggest challenges, threats and dangers for modern Ukrainianness. The issue of challenges, threats and dangers facing Ukraine and Ukrainianness since 1991 is very relevant today. Scientists who work in the field of crisisology distinguish the concepts of «challenges», «threats», «dangers», «crises», «risks», «catastrophes», «collapse», «wreck», etc. The theoretical and methodological basis of our study is a combination of scientific potential of crisisology, conflictology and Ukrainian studies. Crisisology, conflictology and Ukrainian studies face the task of transdisciplinary understanding of the essence and severity of these challenges, threats and dangers, which are relevant in many areas such as military-defense, geopolitical, demographic, state-building, spiritual worldview, ecological, economics, energy, information, cultural and artistic, linguistic, moral and ethical, scientific, nation-building, educational, political and legal, social, territorial, technological, financial, etc. To these are added threats and dangers: 1) large-scale war with Russia; 2) total spread of COVID-19 in Ukraine; 3) the implementation of a new geostrategic course in Russia (called «geopolitical revenge»); 4) spreading the ideology of the «Russian world», intensifying new attempts by the Russian Federation to dismember Ukraine, supporting separatization and federalization of Ukraine; 5) possible escalation of the Russian-Ukrainian and Armenian-Azerbaijani conflicts, which could lead to a new global confrontation and even a world war; 6) ineffective fight against corruption in Ukraine; 7) the lack of a proper response from the authorities to the need to immediately end Russia's information and psychological war against Ukraine; 8) destruction of small and medium business and further financial and economic stratification of Ukrainian society; 9) procrastination with the solution of the poverty problem (in conditions when about 60% of Ukrainians are below the poverty line); 10) possible man-made disasters in Ukraine; 11) possible transformation of Ukraine from a subject into an object of international relations; 12) possible rejection of European integration; 13) discrediting the Orange Revolution and the Revolution of Dignity, in order to spread Russian narratives about the coup in Ukraine; 14) intensification of interfaith conflicts in Ukraine; 15) inadequate decision-making by incompetent authorities (threat of economic decline and large-scale financial crisis in Ukraine, possible change in Ukraine's vector of development, threat of capitulation, refusal of the authorities to resolve the «Ukrainian crisis» (which began after Russia's aggression and has become a factor influencing the security of Europe and the world) from the standpoint of Ukraine as a subject, not an object); 16) refusal to solve the problems of internally displaced persons; 17) possible «freezing» of the Russian-Ukrainian armed conflict in order to further destabilize Ukraine; 18) strengthening of geopolitical and geoeconomic instability, intensification of intercivilizational and geopolitical confrontation in the world; 19) possible decline of democracy and rise of authoritarianism in Ukraine; 20) expansion of the border with Russia (in case of its absorption of Belarus); 21) possible disintegration of Ukrainian society and world Ukrainiannes; 22) further violation of international law by the Russian Federation; 23) exacerbation of the economic and migration crisis in Europe; 24) radicalization of part of the Islamic world; 25) due to the collapse of the USSR. The challenges, threats and dangers facing Ukrainians can unfold at the global, continental and national levels. Ukrainians must find adequate answers to modern challenges and mechanisms to minimize threats and dangers; ensure stable economic growth; to create a powerful system of national security, army and defense-industrial complex; find ways to ensure national interests in the current crisis; to develop optimal models for resolving the Russian-Ukrainian armed conflict, reintegrating the population of the occupied territories and restoring the territorial integrity of Ukraine.
The article focuses on the main trends in the revival of religion in the modern world, its active presence in global politics and international relations. It is substantiated that the religious revival at the turn of 1980-1990 in Ukraine, sharp Orthodox-Greek-Catholic and inter-Orthodox conflicts were the result of significant distortions of its institutional and confessional space caused by the party-Soviet religious policy. Special and specific signs of "return of religion" in Ukraine in the context of global religious changes, in particular, the dynamism, complexity and to this day the incompleteness of this process. The content and essential characteristics of the mutual influences of socio-cultural transformations and dynamics of changes in the religious complex of modern Ukraine, the influence of events related to the Revolution of Dignity and the ongoing Russian-Ukrainian war in the East of the country are analyzed. Peculiarities of life and social positioning of the main actors of the Ukrainian religious landscape, in particular, institutions of the Orthodox complex, UGCC, Protestant denominations, Islamic community, new religious movements are revealed. A number of difficult challenges facing the newly formed Orthodox Church of Ukraine are substantiated - ensuring internal unity, minimizing conflicts, creating their own landmark projects, finding a dialogical model of church reconciliation to overcome the religious frontier of the division of Ukrainian society. The dynamics of public ideas, clear ambivalence and controversy of public consciousness in the religious aspect - from the traditionally high level of trust in religion and the church, to a steady decline in assessments of their importance in the lives of citizens and socio-political processes. Conclusions and proposals on the intensification of the state policy of nationalcivil consolidation and active involvement of religion and religious organizations in this process have been formulated.
The article analyzes certain factors (external and internal) that affect the preservation of the national and cultural identity of Ukrainians living outside Ukraine. The key internal factor is national self-identification. Among the external factors are the following: ideological factor, value security, the religious factor, the factor of historical bias in foreign and Ukrainian media, the factor of manipulation of consciousness, the factor of aesthetic and value orientation, and others. The need for more resolute opposition to the political and ideological influences of Russia, which invaded the territory of Ukraine and unleashed a hybrid war with its people, is highlighted. The authors of the article pay attention to the problems of the ontology of war and peace in the context of Ukraine"s experience in counteracting the Russian-Ukrainian war, which became a long-term factor of destructive influences on Ukrainian socio-economic, political, cultural, educational, and scientific activities. Attention is drawn to the fact that the aggressive actions of the Russian Federation cause devastating consequences not only for Ukraine but also for the system of world order and international security, the main factor destabilizing the security environment in the regional environment of Ukraine. In the article, the ways of preserving the national and cultural identity of the Ukrainian diaspora are revealed through strategic and security paradigms, with the inclusion of multilevel interaction of cognitive meanings. Particular attention is paid to the role of national-cultural identity and analysis of the cognitive dimension in hybrid conflicts.
