bluuebunny/crossref_metadata_2025 huggingface dataset:
Learning programming languages by using e-learning technology
Authors: Salama Ramiz , Elsayed Mohamed , Shadi Muhammed Abu
Published: December 2021

Nowadays gaining new skills is a necessity and as such, avenues for gaining new skills need to be easily accessed and available. LMS which stands for Learning Management System gives you the ability to create, discover, and track courses anywhere with any device. In the past, strong softwares for handling complex databases have cooperated with digital platforms to manage and handle the curriculum of the courses and they provided evaluation tools. This paper aims to describe the Learning Management System and how it can benefit the educational process, basing on a case study of C Programming Online Course at the Near East University . The research used resources from previous studies and collected data using a case study. The findings are presented in the research. Based on the findings, it is evident that the benefits LMS has on learning programming is significant.
Keywords: Cloud Storage; LMS; Online Compiler, Software Programming;
Prediction of renewable energy consumption for future world by using artificial neural networks
Authors: Salama Ramiz , Altıparmak Hamit , Cubukcuoglu Beste
Published: December 2021

Artificial intelligence has proven itself in many areas in combating complex and challenging problems. In this study, the estimation of the use of artificial neural networks in long term renewable energy consumption was undertaken. The study proposes an artificial intelligence predicting energy consumption and energy needs of houses and buildings in the future by using feedback artificial neural networks. In this study, "Google Project Sunroof-Solar Panel Power Consumption Offset Estimate" data set is used. With the database, artificial intelligence has been obtained by using artificial neural networks with feedback. The training of the artificial intelligence obtained was completed with 7999 samples with 25 different categories. This database, which Google collects, is obtained at high costs, so it is not possible for everyone to access such and its bases. Our artificial intelligence with feedback artificial neural network obtained a high percentage for training success. Validation success was high and test success was high too.
Keywords:  Artificial Neural Networks;  Energy Consumption; Energy; Renewable Energy
The challenges and opportunities of adopting artificial intelligence (AI) in Jordan’s healthcare transformation
Authors: Karim Shakir , Sandu Raj , Kayastha Mahesh
Published: December 2021

Artificial Intelligence (AI) is the greatest development and promise in the present technology world, as it promises big contribution, massive changes, modernization, and coordination with and within people’s progressing life. This paper aims to provide an analysis of Jordan health care that are co-connected and interconnected with the consequences formed by Artificial Intelligence (AI) and focuses on the strengths and weaknesses of adopting AI in health sector. It also discusses the local awareness and familiarization of Artificial Intelligence (AI) in Jordan healthcare providers and gives a consistent assessment of current and future best practices. Data was gathered by using interviews from Jordan IT and health care providers. The investigation found that AI is consistently changing the way healthcare is to be directed in Jordan. AI can provide solid healthcare services to the stakeholders. As a developing country, Jordan has not fully adopted Artificial Intelligence (AI) in its healthbsector.

 

Keywords: Artificial Intelligence (AI); Challenges; Health care System; Jordan; Opportunities
Re-Visiting Cyber Security Training in the COVID-19 Era
Authors: DI FRANCO Fabio , PAPADATOS Konstantinos , RANTOS Konstantinos
Published: December 2021

Cyber security training, as many other aspects in our lives, has been adapted to address concerns related to travel restrictions and group gatherings resulting from the COVID-19 pandemic. In this context, ENISA, the European Union Agency for Cybersecurity, had to re-visit and signiﬁcantly modify its already established course on Information Security Management and ICT security, which is provided under the auspices of the European Security and Defence College (ESDC). The program provides public employees the opportunity to gain the necessary knowledge and skills to assume an Information Security Management role. The restructured course was introduced to address the COVID-19 restrictions and has proven to be equally eﬀective to the classroom-delivered course, if not more eﬀective at some parts. This paper presents the main structure of the fully online training, its innovative elements, and the assessment results which prove that COVID-19 pandemic has triggered the introduction of innovative and successful on-line training scenarios.
Mortality of the population of the Komi Region at the end of the – XIX beginning of the XX century: age composition
Authors:   Institute of Language, Literature and History FRC Komi SC UB RAS, Vishnyakova D.V.
Published: December 2021

The article describes some mortality rates of the population of the Komi Region in the late XIX-early XX century. The age composition of the deceased is revealed, with a distribution by gender. During the studied time, mortality was characterized by a significant concentration in younger age groups. The mortality rate of children under the age of five years averaged 55–70 % of the total number of deaths in the region.
Population reproduction among forced migrants of the European North in the 1930s: crisis and adaptation
Authors:   Institute of Language, Literature and History FRC Komi SC UB RAS, Ignatova N.M.
Published: December 2021

The article is based on the materials of three regions of the European North, which were part of the Northern Territory in 1929–1936 (Arkhangelsk, Vologda and Komi Autonomous Regions) the article considers the reproduction of the population in special settlements through the analysis of the birth rate and mortality of forced migrants - «former kulaks» (labor settlers) in the 1930s. The level of mortality and birth rate, as well as the ratio of these indicators, is considered. A multiple excess of mortality over birth rate and increased natural decline in violent migrants in the first half of the 1930s were revealed. The stabilization of the situation in the mid-1930s and the excess of fertility over mortality in the second half of the 1930s suggests that the crisis of reproduction, adaptation and improvement of natural movement indicators in violent migrants has been overcome.
Anthropological crisis as an integral assessment of the demosocial development of the KomiRepublic during the period of societal transformation (re-reform) of 1991–1995
Authors:   Komi republic Center «Nasledie» after Pitirim Sorokin, Terebikhin V.M.
Published: December 2021

The article provides a systematic analysis of the processes of demosocial development of the region in 1991–1995, it is concluded that the socio-humanitarian (anthropological) crisis was an integral assessment of the socio-anthropological development of the Komi Republic during the period of societal transformation (re-reform).
Conducting Interviews during the COVID-19 Pandemic and Beyond
Authors: Self Becky
Published: December 2021

The use of telephone and VoIP (Voice over Internet Protocol) interviews has become necessary owing to the legal restrictions and safety measures introduced during the COVID-19 pandemic. This has furthered scholarly dialogue surrounding the choice of interview mode, and the assumption that face-to-face interviews are the "gold standard" [Novick, 2008: 397]. The general public has also become more accustomed to utilising VoIP in their day-to-day lives. In this article, I discuss this change in communication methods and the impact it could have on interview modes. Nevertheless, the researcher's and participant's contexts remain paramount when deciding which interview mode to employ. For this reason, Oltmann's model [Oltmann, 2016] has been extended to include VoIP, providing a more complete framework for researchers to make an informed decision when contemplating interview modes.
Discourse of First Romantic Love: Gender Scenarios
Authors: Sokol Anna
Published: December 2021

The sexual, gender and family revolutions of the 20th century led to a massive transformation of the institutions of marriage, family and romantic relationships, and with them to the changes in the concept of romantic love, which continue to this day. In modern society, various and even contradictory cultural models and discourses appear, between which individuals are forced to maneuver, using scenarios that are recommendations, schemes of socially expected actions. An important role in the assimilation, application and further formation of attitudes and practices of romantic love is played by the first encounter with it, which is the starting point in feeling for the boundaries of acceptable behavior and the feelings accompanying it. But what experience do individuals themselves refer to first romantic love, how is it evaluated, and what meaning does it have for them? Does this built experience of first romantic love differ between men and women? This study explores these issues by referring to the informants' discursive experience and reconstructing, based on it, the fulfilled gender scenarios of first romantic love, based on a larger cultural model. Based on 30 narrative interviews, 12 scenarios of first romantic love were found, 7 of which are gender specific. There are no fundamental differences in the understanding of first romantic love between men and women, however, its assessment is more emotionally expressed in women, their scenarios are more positively worked out, while men have more negative and ambivalent experiences in the scenarios. The study also confirms that the cultural pattern of romantic love is indeed blurred and contradictory.
Cognitive Interview
Authors: Klimov Ivan
Published: December 2021

Cognitive interviewing helps to bring back the original meaning of pilotage in a case study. Cognitive processes in an interview start with the interpretation of the question and its constituent terms, include the stage of forming an opinion and developing a judgment about it, and ends with editing the answer. The objectives of the cognitive interview are to explore the concepts, words and concepts of everyday language; pull out meanings, associations and emotions associated with the subject of research; detect barriers blocking the respondent's presentation of his position; assess confidence in your opinion, as well as the willingness to correct your point of view; to form their understanding of the "ordinary theory" of the studied phenomenon, etc. For each task, you can build an original strategy for a cognitive interview, but it is important to understand what we are studying, what the result should be and what the research team will do with it.
On Keeping Science: Does Russia Need Science?
Authors: Kozlov Gennady
Published: December 2021

A.G. Kozlov's opening remarks on round table discussions regarding science and innovations
Ethics Committee as an Element of the Governance System in the Scientific and Technological Sphere: Problems and Perspectives
Authors: Lapaeva Valentina
Published: December 2021

The article analyzes the experience of ethical committees in biomedicine from the standpoint of a legal approach. The Ethics Committee is interpreted as a fundamentally new institution in the system of scientific and technological governance, carrying out public examination of the biomedical research ethical acceptability and the corresponding social control. The author proposes some directions for improving the legal status of ethical (bioethical) committees in Russia, and also notes the need for special efforts by the state to form the proper institutional framework for their activities. Currently, biomedicine is a kind of a proving ground for testing the effectiveness of this new institution in the management system of modern science, performing the function of an intermediary between science, society and the state. An analysis of this experience allows us to conclude that it is advisable to extend it to other areas of scientific and technological activities, covered by the concept of NBIK-convergence.
On the Evaluation of the Effectiveness of Scientific Research
Authors: Shepelev Gennady
Published: December 2021

The regulatory framework for evaluating the effectiveness of scientific research within the national scientific system, at the level of individual scientific organizations and researchers is considered. The analysis of individual indicators of scientific performance at the national level is carried out. In particular, the following indicators were analyzed: publication and patent activity, development and use of advanced technologies, commercialization of technologies in the domestic market and international technological exchange. The compliance of evaluation indicators at the level of scientific organizations and certification of researchers with indicators used at the national level is analyzed. It is concluded that till now the evaluation system usedhad little impact on decision-making on the allocation of resources for scientific research. Low attention of the expert community to the transfer of developments to the real sector was noted, although the available statistics show that there is an interest in new technologies on the part of manufacturing enterprises.
The Subject and Concept of Innovation Activity (Projection on Russian Specifics)
Authors: Shepelev Gennady
Published: December 2021

The role of innovations in the development of society is considered. It is shown that innovations are a routine economic process of enterprise development, requiring the involvement of a number of resources for implementation. The availability of resources, the complexity of their acquire and use determine the demand for innovative approaches to the development of enterprises and the economy as a whole. The article compares the problems of innovative development faced by enterprises and scientific organizations abroad and in Russia. The differences in the problems and tasks that need to be solved are shown. As a result, the approaches to stimulating innovative development that are used abroad do not always give comparable results in Russia. At the same time, there are problems in Russia that are not relevant abroad and, as a result, are not discussed there. The focus on borrowing foreign solutions leads to the fact that the tasks relevant for Russia are not discussed in the expert community and are not solved practically.
Academician G. K. Boreskov: Catalysis as Destiny
Authors: Kupershtokh Natalia
Published: December 2021

The article is a biographical outline of the life and achivements of an outstanding chemist Georgy Konstantinovich Boreskov (1907–1984). G. K. Boreskov entered the history of domestic and world science as an outstanding scientist, engineer and teacher. The bright life of the scientist-chemist Boreskov was devoted to the study of catalysis and the closely related problems of chemical kinetics and chemical technology. In his work, fundamental research on catalysis as an interesting chemical phenomenon were harmoniously combined with the successful solution of the most important problems of the chemical industry. With the development of a new catalyst for one of the main industrial processes – the production of sulfuric acid – that G. K. Boreskov began his career in science. Thanks to the introduction of technologies based on his developments, a real breakthrough occurred in some areas of industrial production related to catalysis. In Novosibirsk, Academician Boreskov played the main role in the creation of the country’s first Institute of Catalysis of the Siberian Branch of the Academy of Sciences of the USSR, which now bears his name. No less important is the merit of Academician Boreskov as the founder of the scientific school in the field of heterogeneous catalysis.
Towards the Political Economy of Scientific and Technological Development (on Russian Example).
Authors: Shastitko Andrey
Published: December 2021

The article identifies the key problems of the development of innovative economics in Russia. One of the key and large-scale problems is the weak commercialization of innovations created with budget funds: there are many inventions, but few innovations. At present, there is also a problem of scientific migration in Russia: a significant number of scientists leave the country, thereby subsidizing the scientific and technological development of other states. The key reason for this state of affairs is the lack of the necessary institutional infrastructure. The willingness to solve the identified problems is closely related to the availability of competencies - not only scientific, but also organizational, as well as the presence of incentives,including incentives associated with the costs of innovations - not only in terms of obtaining the necessary knowledge and necessary for their implementation in the production process resources, but also to overcome the resistance of those who lose from innovation. That is why, in order to assess the possibility of a scientific and technological turn, it is necessary to understand what the forces of resistance are, as well as the organizational potential of groups, presumably ready to solve problems.
The Social Status of the elderly from a Comparative Perspective: distinctions of Post-communist Countries
Authors: Rudnev Maksim
Published: December 2021

Social status reflects the hierarchical position of social groups within society, their prestige as perceived by members of their society. The existing literature shows that age groups differ in their status considerably across countries, and that their status is linked to socio-economic modernization. This study investigates the determinants of elderly people’s status in post-communist countries in comparison to other countries. Using two large international datasets — from the World Values Survey (58 countries) and European Social Survey (29 countries) — as well as multilevel regressions, we found that elderly people in post-communist countries were at the bottom of the status hierarchy. Compared to other regions of the world, this low status was only in part explained by country modernization level, implying that some other factors may have had an effect. Moreover, only in postcommunist countries the perceived status of older people decreased with respondent’s age. We suggest that the low status of older people in post-communist countries was caused by the social and economic transformations that followed the fall of the communist regime — which led to the older generation losing human capital — and then exacerbated by the ageist legacy of the Soviet industrialist ideology. Finally, we insist that the very low status of older people is a problem of society as a whole rather than this particular age group.
Bots in Public Arenas of Social Networks
Authors: Vasilkova Valeriya , Legostaeva Natalya
Published: December 2021

In the study of social bots, one of the important trends is the transition from a technology-centered understanding of bots as a threat to information and computer security to a broader, socially-focused understanding of bots as a new tool of informational influence used by various social actors in online social networks. This transition is of value to modern sociology. As one such actor, the authors consider a group of civic activists who use bot-technology to construct and solve the problem of defrauded equity holders. The novelty of the article lies in the interpretation of this group’s activities in the context of the concept of public arenas. The botnet “Deceived equity holders of LenSpecStroy” was detected thanks to the author’s complex methodology that combined the method of frequency analysis of messages, profiling of bot accounts, including static and behavioral analysis of user profiles, statistical analysis of texts, analysis of the botnet’s structural organization, analysis of the content of its publications, and analysis of bursts of network publication activity. Analyzing these bursts of publication activity and the content of botnet publications showed how bot-technologies aided in implementing effective techniques aimed at constructing and maintaining the social problem of defrauded equity holders: expanding the capacity of the public arena, realizing (creating) dramaturgical novelty and emotional richness in discussing the problem, taking into account the organizational specifics of the public arena, directing interest in the problem towards other (related and equally important) public arenas (media, legislative and executive power, political parties).
What can Analysis of the Organizations’ Web Sites tell us about AI? Comparative Study of the Online Resources operated at Google, Yandex, and Baidu
Authors: Rezaev Andrey , Tregubova Natalia
Published: December 2021

The current social and cultural debates on AI and how it is being embedded into the reality of social life have reignited scientific debates on how to study AI, what counts as data, and the conditions under which information and data pertaining AI turn into knowledge. In this paper the authors’ focus was exploring new sources of data on AI and methods of AI phenomena examination. The paper presents the results of a comparative analysis of Google, Yandex, and Baidu’s websites. Contrary to these companies commonly being perceived as online search engines, Google, Baidu, and Yandex have multiple offerings across mobile products and services, knowledge products, translation services, open platforms for startups, PC client software and AI technologies. In the first part of the paper the authors compare information presented on these companies’ websites about their goals, their technologies, how they define AI, the proclaimed social problems associated with using AI, and the forms of interaction between these companies and their audiences. The second part of the paper analyzes 20 projects that won the Google AI Impact Challenge contest. Analyzing these projects allowed for identifying areas of application of AI technologies inside and outside organizations, for characterizing AI’s potential roles as a mediator in relations between people, and finally for highlighting utopian and dystopian scenarios associated with implementing AI in social relations. In the conclusion the authors formulate a set of broader questions for social analytics concerning artificial intelligence grounded in the results of their analysis.
The Social Functions of a rural Teacher (on the Example of the Altai Territory and the Altai Republic)
Authors: Popov Evgeniy
Published: December 2021

This article aims to evaluate the social duties of rural teachers, and is linked to an attempt to identify internal non-economic resources to help solve pressing issues associated with village life (including the problems of alienation of fellow villagers, the spread of alcoholism, unemployment, etc.). We set out to test the hypothesis that a rural teacher serves as an active participant in village life. This work is based on the methodological resources of village sociology, sociology of education, as well as approaches formed within the framework of problems associated with social well-being and quality of life. The results obtained from a study based on a semi-structured interview conducted in rural areas of the Altai Territory and the Altai Republic (N = 124) allowed for determining both the social functions of teachers and how they’re linked to the specifics of the profession. In addition the article analyzes the role of the village teacher in ensuring the resilience of the villagers. Resilience has been found to be associated with values and norms rooted in village areas (family, health, work, etc.), and often the village teacher is involved in preserving these values and norms. They provide support and assistance in solving a specific social problem (raising children, overcoming difficult life situations, socializing adults and children, etc.). The issue of active participation of teachers in the integration of the village community is also raised. We were able to identify which activities initiated by the village teacher are aimed at consolidating the villagers and their participation in the diverse life of their native village. All participants of the study stated that the integration of the village community is a necessity in this day and age. Such a function of teachers as interacting with authorities and public organizations was also identified. The example of the Altai Territory and the Altai Republic shows that village teachers as a professional group actively participate in solving the village’s problems, acquiring the status of a defender of the village.
FAKTOR-FAKTOR YANG MEMPENGARUHI PELAYANAN ANTENATAL DI DAERAH PERDESAAN
Authors: Mawarni Dian , Sulistyani Rianti , Adi Sapto
Published: December 2021

Kematian ibu tetap menjadi masalah yang menakutkan bagi daerah-daerah di Indonesia termasuk Kabupaten Trenggalek. Pelayanan antenatal dapat meningkatkan status kesehatan ibu dan bayi baru lahir, sayangnya tingkat kunjungan antenatal belum mencapai target. Ada berbagai faktor yang menjadi kendala dalam implementasi sehingga mengakibatkan kinerja pelayanan antenatal belum optimal. Penelitian ini mengidentifikasi faktor-faktor yang mempengaruhi pelayanan antenatal di Puskesmas Kabupaten Trenggalek. Penelitian kualitatif di dua Puskesmas dilakukan dengan wawancara semi terstruktur terhadap kepala puskesmas, penanggungjawab poli kesehatan ibu dan anak, bidan. Terdapat tiga faktor yang mempengaruhi pelayanan antenatal: a) tenaga kesehatan, aspek kualitas telah memadai namun secara kuantitas belum terpenuhi; b) fasilitas penunjang, peralatan sesuai standar namun ada sebagian yang perlu diperbaiki; c) panduan pelayanan, standar operasional telah dibuat namun belum lengkap. Pelayanan antenatal belum sepenuhnya berjalan dengan baik karena kendala dari komponen input pelaksanaan program. Rekomendasi untuk meningkatkan pelayanan antenatal meliputi mempertimbangkan penambahan tenaga bidan melalui sistem kontrak, mengganti peralatan penunjang yang tidak berfungsi, dan memperbaharui panduan pelayanan antenatal.
HUBUNGAN ANTARA FAKTOR INDIVIDU DAN KEJENUHAN DENGAN STRES KERJA PADA GURU SEKOLAH DASAR SEDERAJAT
Authors: Rosanna Siti Farihah , Hartanti Ragil Ismi , Indrayani Reny
Published: December 2021

Kejenuhan merupakan salah satu penyebab terjadinya stres kerja. Salah satu pekerjaan yang berisiko mengalami stres kerja adalah guru Sekolah Dasar Sederajat karena memiliki tanggungjawab yang lebih besar dan rutinitas kerja monoton. Stres kerja disebabkan oleh faktor individu yang meliputi jenis kelamin, usia dan masa kerja serta kejenuhan sehingga perlu dilakukan upaya pencegahan. Tujuan dari penelitian ini adalah untuk menganalisis hubungan antara faktor individu dan kejenuhan dengan stres kerja pada guru Sekolah Dasar Sederajat di Kecamatan Wuluhan, Kabupaten Jember. Penelitian ini merupakan penelitian analitik dengan desain cross-sectional. Populasi pada penelitian ini sebanyak 339 guru dengan sampel sebanyak 116 guru. Data yang digunakan dalam penelitian ini merupakan data primer yang didapatkan melalui angket online dengan menggunakan google form. Instrumen penelitian menggunakan Boredom Proneness Scale (BPS) untuk mengetahui kejenuhan dan Occupational Stress Inventory Revised (OSI-R) untuk mengetahui stres kerja. Analisis data bivariat dilakukan dengan menggunakan uji Chi-Square. Hasil penelitian menunjukkan bahwa jenis kelamin (р-value=0,585) dan masa kerja (р-value=0,203) tidak memiliki hubungan dengan stres kerja. Terdapat hubungan antara usia (р-value=0,049) dengan stres kerja dan tidak terdapat hubungan antara kejenuhan (р-value = 0,602) dengan stres kerja. Berdasarkan hasil penelitian, diperoleh kesimpulan bahwa terdapat responden yang mengalami kejenuhan dan stres kerja berat. Saran yang dapat diberikan kepada kepala sekolah adalah untuk melakukan evaluasi berupa sharing terkait hambatan yang dirasakan guru dan melakukan pelatihan untuk menunjang kompetensi yang dimiliki.
Ocena kompetencji komunikacyjnej dziecka z zespołem Aspergera (OKKA) — własne narzędzie diagnostyczne
Authors: Caban Sandra
Published: December 2021

The article presents the author’s own tool to diagnose the level of communicative competence in a child with Asperger Syndrome at an early age. The diagnostic tool includes an interview with the parents, the diagnosis site, and exercises to check the functioning of the speech apparatus. The article presents exercises for diagnosing the level of linguistic social, situational, pragmatic, and systemic proficiency. At the end, there is a card for assessing the level of communicative competence of a child with Asperger Syndrome which will help systematize knowledge and prepare an appropriate therapy.
Nauczyć umierania. Tanatopedagogika na lekcjach języka polskiego w liceum na przykładzie literatury najnowszej
Authors: Zdunik Jan
Published: December 2021

The aim of this article is to present a didactic proposition on the introduction of thanatopedagogical themes in Polish language lessons in high school while discussing contemporary literature. The first part of the work presents the most important elements of thanatopedagogy as a science in the context of literary studies. The history of the concept is described in the context of changes in the cultural understanding of death, and the way of presenting the final things in the literature of children and adolescents — from didactic to personalistic — is discussed. In the following subsections, two texts from the latest Polish literature are interpreted: The Things I Didn’t Throw Out by Marcin Wicha and Mira Marcin’s Bezmatek. Proposals are made for using these works to introduce elements of reflection on the finality of things to Polish lessons (the subject of mourning, anthropology of death and dying, the language used for speaking about passing away). The text ends with a summary of the most crucial research conclusions: about the important role of recent literature in conversations on ultimate topics, the need for thanatopedagogical education for teachers, and the need for large psychological competences to conduct such conversations.
Konstrukcja prawna planowania przestrzennego w Polsce w latach 1945–1989
Authors: Woźniak Marta
Published: December 2021

The main objective of this paper is to present the legal construction of the spatial planning in Poland between 1945 and 1989, as well as its evaluation from the perspective of the development of spatial planning and management legislation. The thesis put forward in the paper is that between 1945 and 1989, i.e. in the years when the principle of self-governance was not supported by state institutions, spatial planning was detached from the needs of local communities. Analyzing the legal construction of the spatial planning in Poland between 1945 and 1989 showed a certain regularity, namely that the spatial order construction was difficult at that time due to the then socio-economic conditions resulting in the centrally controlled spatial development and a hierarchy of spatial planning acts. The paper indicates that in those years, there was a connection between spatial planning and building law, but it was not as strong as in the interwar period. The connotations with the environmental law in turn manifested themselves in the downplaying of environmental issues in spatial planning. The article shows that in the years 1945–1989, there was little interest from the legislator in the category of public interest, which at the time became known as “social interest”.
Przedterminowe zwolnienie z kary pozbawienia wolności skazanych za ludobójstwo, zbrodnie przeciwko ludzkości i wojenne na mocy orzeczeń międzynarodowych trybunałów karnych „ad hoc” oraz ich sukcesora w postaci Mechanizmu Rezydualnego ONZ
Authors: Szwejkowska Małgorzata
Published: December 2021

In the last decade of the 20th century, a war in the former Yugoslavia broke out, once again making Europe a witness to an armed conflict. Almost at the same time, another local ethnic bloodshed started, but this time in distant Africa — in Rwanda. Both these events included the most horrifying international crimes against humanity: genocide and war crimes. To prosecute the most important commanding figures involved in these conflicts and hold them criminally responsible, two ad hoc United Nations tribunals were created: International Criminal Tribunal for the former Yugoslavia in Hague and International Criminal Tribunal for Rwanda in Arusha. They finished their operation in 2017 and 2015, respectively. The tasks of conducting and completing all ongoing proceedings, including law enforcement, after the completion of their mandates have been entrusted to the UN International Residual Mechanism.

One of the crucial assignments of the tribunals and later the Redisual Mechanism was to deal with the request on behalf of the convicted for granting them early release. Although none of the statutes of the aforementioned courts provided any ground for early release, soon it was accepted that both tribunals, as well as their successor, were entitled to proceed despite this issue. As soon as in 2001, the first convict was granted early release, but with no conditions. It is estimated that, to date, more than 2/3 of all convicted by the Tribunals have been released before the termination of their sentence. This should raise the question of how to rehabilitate that kind of offender, convicted of genocide, war crimes, or crimes against humanity, to ensure they do not pose a threat to society anymore. Especially since the offenders serve their punishment outside the country of their origin — meaning, different rules apply according to the domestic law regulation of the state that voluntarily agreed to enforce the sentence.

This article analyzes the juridical approach of the tribunals and the Residual Mechanism on the issue of early release of the convicts involved in the armed conflicts in the former Yugoslavia and Rwanda.
Partycypacja społeczna jako filar demokracji środowiskowej w Chińskiej Republice Ludowej
Authors: Bazylińska-Nagler Justyna
Published: December 2021

The latest revision from 2014 of the Chinese Environmental Protection Law introduced a new mechanism of public participation in environmental law-making. It forces the Chinese legislative process to be more transparent and inclusive, that is to say — involve civil society and NGOs. Generally, this development deserves support and approval; there are, however, several shortcomings that should be addressed in the future. For instance, neither the level of cooperation between legislature and civil society nor the outcomes of public participation do always meet social expectations.

The purpose of this work was to research the Chinese model of public participation in environmental decision-making, bearing in mind the authoritarian governance of the People’s Republic of China. Then, to analyze the real impact of the international cooperation and standards on the application of this model. Specifically, the EU–China Environmental Governance Programme (2010–2015) was discussed as a very influential example.

The outcome of the research shows that Chinese environmental law has been notably shaped by public international and European law. There are considerable similarities between the legal instruments of environmental democracy applied in China and public international law standards promoted by the United Nations and the European Union through the implementation of the Aarhus Convention of 1998. And, without doubt, it has to be recognised that the People’s Republic of China has its own rich and diversified, however contradictory during the course of history, doctrines and a jurisprudence body of work considering civil society’s participatory role in decision-making.

Each of the successive Chinese forms of government — beginning with despotism, then a glimpse of democracy, totalitarianism, and, finally, authoritarianism — did leave their mark on the Chinese political thought and law regarding the desired participation level of society (i.e. various civil movements and NGOs) in state affairs. In this day and age, social interest and support for the environmental protection is well-accepted by the Chinese government, especially due to the current plan of the Communist Party of China (CPC) to build an “ecological civilization” in China.
Kształtowanie instrumentów ochrony demokracji w Polsce na przykładzie zakazu zgromadzeń. Perspektywa ideowa
Authors: Moroska-Bonkiewicz Aleksandra
Published: December 2021

There is no single, universal model for the protection of democracy that sets limits on freedom and tolerance in liberal democracies. In response to political extremism, states apply various measures — from highly repressive ones, such as restrictions on freedom of speech or association, to more liberal ones based on persuasive strategies. Which instruments are adopted and implemented depends on the decisions of public actors. This article deals with the ban on assembly, which is a repressive instrument of democracy protection. Basing on the analysis of selected assembly bans cases, the aim is first to determine which model of democracy protection is closer to the solutions adopted in Poland — militant or procedural democracy, and second to indicate why such solutions were adopted. More precisely, by means of an ideational perspective, the aim is to explain the different positions taken by public actors in the process of implementing the assembly ban. The article uses the method of qualitative content analysis of legal acts and decisions made by public authorities regarding holding assemblies. By means of a purposeful case selection, the analysis was carried out on the assembly bans against extreme right-wing groups in Warsaw and Wrocław. The research has shown that the legal norms adopted in Poland allow the application of assembly bans in accordance with the concept of militant democracy. However, the implementation shows a different approach of public actors in this matter. Municipalities are closer to the model of a militant democracy, as they allow a preventive ban on assembly as an instrument of public order protection in relation to freedom of speech infringements. In doing so, they do not maintain neutrality towards the views public discourse participants. The courts, on the other hand, exclude the subject of assemblies as a basis for their preventive restriction, the premises of the ban being violence or a direct threat to life, health and property. Their position is thus closer to the procedural model of protecting democracy. The adopted ideational perspective points to possible reasons for the different positions of public actors. Their attitude to values which are crucial for the protection of democracy shows differences. This applies, among others, to the different weight ascribed to particular democratic values, the different perception of threats to the society and the democratic state, and the divergence in defining the thresholds of freedom and tolerance.

∗ Artykuł powstał w wyniku realizacji projektu badawczego UMO-2014/15/D/HS5/03272 finansowanego ze środków Narodowego Centrum Nauki. Wyrazy podziękowania kieruję do recenzentów za bardzo wnikliwe i inspirujące komentarze.
Großraum: teoretyczne uzasadnienie hitlerowskich podbojów czy nowy porządek prawnomiędzynarodowy?
Authors: Chrząszcz Bartosz
Published: December 2021

The doctrine of “Great Space” is one of the basic conceptual categories in Carl Schmitt’s extensive and often inconsistent political and legal thought. Studying the extensive research on the life and work of this lawyer, carried out by representatives of various sciences and political orientations, we can get the impression that in comparison with decisionism, the characteristics of a receivership and sovereign dictatorship, looking for analogies between religious and political and systemic concepts referred to as political theology, the figures of the enemy and friend accompanying the Concept of the Political, Großraum remains the least thoroughly investigated. There are at least a few reasons for this, but the most important seems to be the reluctance that is constantly present in many circles, resulting from the strong relationship of this concept with the period of accession to the NSDAP and the conviction that its purpose is only to justify Nazi aggression during the Second World War. Meanwhile, the research problem is much more complex, and the Nazi episode alone in Carl Schmitt’s over 97-year-long life does not provide unambiguous conclusions among the authors who deal with his thought in their scientific works.

The main purpose of this article is to determine whether the Großraum in fact justifies the Nazi conquests, or whether it may also be legitimate to claim that it is a vision of a new international legal order drawn up by a lawyer closely scrutinizing the surrounding political reality. An attempt to answer this question should be preceded by thorough considerations quoting the jurist’s attitude to the development and the hitherto nature of public international law. In this respect, it is crucial to analyze the breakdown of the ius publicum Europaeum, refer to the essence and purpose of the American Monroe doctrine, as well as thoroughly examine the concept of Großraum, which presents the researcher with a difficult task requiring its verification both politically and legally. The presented analysis will therefore take into account the historical, political, and legal levels and will implement the belief in the comprehensive nature of the issue under study. The final part of the article will include an analysis of the consequences of Großraum doctrine that led to the internment of Schmitt and the trial where the most important is his interrogation by Robert M.W. Kempner. All these issues will bring us closer to establishing the true meaning of the “Great Space” theory and shed new light on research devoted to Schmitt, dubiously described as the “crown jurist of the Third Reich”.
Prawo osobowe na ziemiach polskich wcielonych do Rzeszy Niemieckiej podczas drugiej wojny światowej
Authors: Kruszewski Tomasz
Published: December 2021

The subject of this article are basic questions within the range of civil law. They concern the general position of a human and legal people in the sphere of this law on Polish territory, which was incorporated into the Third Reich. The position of individuals, the citizens of II RP, under the occupation of the Third Reich in years 1939–1945, is analysed by the author not from the perspective of literal meaning of regulations of general part of Bürgerliches Gesetzbuch (BGB) from 1896, but from the perspective of their specific interpretation, congruent with strategic and ideological purposes of the Nazi regime.

In the article, the following issues are touched upon in turn: 1) personal law in terms of classical civil law contra national-socialist regime; 2) racism towards civil rights of a subjective individual; 3) elimination of the Jews from the legal relationships of civil law; 4) difficulties in the sphere of access to certain professions for Polish people and some restrictions upon personal rights; 5) the dependence of possibilities of exercising the private personal right on the consent to denationalization; 6) ban concerning getting married and the right to motherhood and fatherhood; 7) legislation of sterilisation and euthanasia.

The formal changes in the legislation which were in force in the Third Reich — except for personal and family law (as well as legal rules connected with it regarding health protection of offspring), and “peasant law” (Bauernrecht) — were not significant, as is proved by the author. The old legal order was reversed in the Third Reich due to its new interpretation: classical concepts and legal institutions were filled with a different content.

After the formal extension of BGB to territories incorporated into the Reich, which followed the decree of 25 September 1941 introducing German civil law, these territories became a field of social-political and racial-nationalist experiments, which in fact had a little in common with the German Civil Code’s regulations. A principle of equal access to private subjective rights was respected only in case of German people, i.a. the part which passively gave up to indoctrination. In relation to Jews, racism spoiled in this case the idea and concept of private subjective rights.
Prawo cywilne PRL — wybrane zagadnienia prawa autorskiego
Authors: Jezioro Julian
Published: December 2021

The author, presenting in a limited way the results of research on the law of the Polish People’s Republic, discusses two institutions regulated in the 1952 Act on copyright — the compulsory license under art. 16 and 17 and the implementation of the Council of Ministers’s powers (resulting from art. 33 § 1) to determine the principles and rates of remuneration for authors and contract templates. In accordance with art. 33 § 2, in relation to the provisions of the contracts covered by them, they were absolutely binding. The first of them limited the protection of subjective “ownership” rights to works, enabling their specific, although limited by their function, “expropriation”, while the second resulted in a significant and real restriction of the freedom of contracts regarding the use and disposal of copyright to works. This analysis leads to the conclusion that adapting the law shaped in a different system and political realities — in this case, its specific “totalization” — does not require large-scale changes in the existing regulation. It is only enough to modify the institutions of fundamental importance for the implementation of the principles of a specific political order. At the same time, in the reality of the totalitarian state of the Polish People’s Republic, the acts issued on the basis of art. 33 of the Copyright Act of 1952 were the most important to fulfil the purpose of these principles.
Skazane na zapomnienie — prawo handlowe w PRL
Authors: Kułak Krzysztof
Published: December 2021

The post-war history of Polish commercial law is not a frequent subject of interest in the literature. Historical reflection is usually limited to indicating that the civil code entering into force on 1 January 1965 and, on the same day, the repeal of the pre-war commercial code from 1934 formally ended the era of Polish private law’s duality — the coexistence of two equal branches of law: civil law, regulating common relations, and commercial law, regulating economic relations. However, it was the last symbolic chord in the history of commercial law during the communist period. In fact, it had been extinguished several years earlier and replaced by a socialist substitute in the form of economic law, intended to regulate the centrally planned, socialist trading, in which there was no space for individual economic activity. The article discusses the mechanism of dismantling commercial law in the political and economical order of the totalitarian state, which Poland became after the Second World War. This mechanism was implemented not on the normative level, by repealing the norms of commercial law, but on the factual one, by eliminating — through administrative, fiscal, and penal pressure methods — addressees of commercial law (already existing and potential entrepreneurs) and taking them away, e.g. by nationalizing the most essential components of their enterprises. In this way, the necessary (personal and property) background of commercial law was destroyed, making its norms irrelevant. Thus, commercial law was condemned to a dozen or so years of non-existence and oblivion before the legislator decided to make a formal decision, which was to repeal most provisions of the commercial code. Only those regulations remained in force that were needed by the communist authorities, e.g. to conduct foreign trade. The effects of several-decades-long systemic non-existence of commercial law are still noticeable today. Despite the systemic transformation in 1989 and the return of the Polish economy to free market rules, Polish commercial law — relegated to the role of a specialized discipline of civil law and formally distinguished only for research and teaching activities — has not yet regained its rank as an independent branch of private law.