War drama as a living reality

Author(s): Larysa Briukhovetska / Language(s): English Issue: 43/2023

Since 2014, the Russian aggression in Ukraine has prompted filmmakers to master a new genre of war drama to tell the stories of those who serve in the Ukrainian army or the territorial defense, as well as those who contribute to the war effort as volunteers. The article discusses Ukrainian war drama films: Cyborgs. Heroes Don’t Die, Call Sign Banderas, Mother of Apostles, Ilovaysk 2014. Donbas Battalion, Sniper. The White Raven. These films integrate war drama with other genres such as detective stories, adventure films, and psychological drama. They also refer to some archetypal themes and conflicts in order to frame the current experience of the war. However, it will be argued that these films do not simply reuse the existing genre models, but complicate them. They refresh war drama by prioritizing the concrete experience of the ongoing war against Russian aggression over the genre conventions. Ukrainian war drama shows not a game of war but the truth of war. It tells the real stories of the bravery of ordinary people who fight against Russian aggression.

Przegląd sytuacji międzynarodowej: aspekty globalne i regionalne

Author(s): Roman Kuźniar / Language(s): Polish Issue: 28/2023

The Russian aggression against Ukraine, which in the Kremlin’s mind was supposed to be nothing but a brief “special military operation”, quickly turned out to be a protracted regular war between the nuclear power and its not-so-little neighbour. In the course of 2022, a “local war” has become a major international event and could be regarded as a global La Fontaine’s carafe, i.e. a prism through which one could see the different colours (interest and emotions) of the world society. The war itself showed that Putin’s calculations regarding Ukraine were a huge illusion, that Russia’s military competence was lacking, and that its strategic culture was brutal (and based on the notion that sheer force should prevail). War crimes and crimes against humanity Russia has committed shocked many. Moscow was not able to reach the objectives Putin outlined in his speech on 24 February. Nuclear blackmail he put on the table at the very beginning has not worked so far, although this option cannot be totally excluded if the events get seriously bad for Russia. Ukraine, to the contrary, despite huge imbalance to its disadvantage (1:10), resisted the aggression surprisingly well. At the beginning of the Russian invasion it lost however part of its territory (some 15%) which can be difficult to regain. Both sides have suffered enormous losses. Ukraine has been able to resist aggression due to both modern and smart defence and unexpectedly large western support. Under American leadership, the West has shown resolve and readiness to face the Russian threat and to deliver great amounts of weaponry and intelligence needed to ensure Ukrainian survival. Alas, the rest of the world has either been hesitating, trying to do some business out of the war, or showing understanding and even sympathy to the Russian cause. In February 2023, the war has still been stagnating in a stalemate similar to the I World War frontlines.

The power of jus cogens in the shadow of procedural obstacles. Legal dilemmas in international cases concerning severe human rights violations, special regards to the Ukraine–Russia War

Author(s): Izolda Takács / Language(s): English Issue: 7/2024

Jurisdictional immunity of foreign states remains a rule under international law, even in cases involving violations of peremptory norms of international law (jus cogens). Therefore, the assumption that the primacy view of jus cogens can resolve the dilemma over the relationship between serious human rights violations and state sovereignty is misleading and does not always prevail in practical application. This paper first outlines the “evergreen” dilemma of jus cogens versus state immunity, followed by an illustration of how procedural issues are addressed in pivotal international cases. In this regard, the paper primarily focuses on criminal proceedings submitted to the International Criminal Court (ICC) and the International Court of Justice (ICJ) to explore the issue more thoroughly. Finally, considering the unresolved nature of the central issue and the international climate, the study extends the nucleus of the problem to the ongoing Russia-Ukraine war.

THE CRIME OF MATERIAL FORGERY OF DOCUMENTS IN THE CONTEXT OF ILLEGAL CROSING OF EXTERNAL BORDERS OF THE EUROPEAN UNION AND SECURITY OF THE STATE AND CITIZENS

Author(s): Dorota Semków / Language(s): English Issue: 01/2024

The main purpose of the article is to draw attention to the material forgery of travel documents as a practice that enables illegal crossing of the external borders of the European Union/Schengen Area and free movement within these areas. The author's intention was also to indicate the relationship of this practice with the security of citizens and the state, which results from the fact that from the legal, forensic and criminological point of view, forgery of documents, including travel documents, is associated with a number of other types of crime, such as trafficking in human beings, including in particular children, arms and drug trafficking. The issue of crimes against the credibility of documents has gained importance in modern times, in which the international mobility of society is growing at a rapid pace. A very important aspect in the context of the analyzed issues is the situation that occurred in Belarus in connection with the civil war in Syria, as well as in the RussianUkrainian conflict, which worsened at the end of 2021. The analysis of the presented statistical data of the European Border and Coast Guard Agency shows that every year there are many crossings or attempted crossings of the external borders of the European Union against the law with the use of false documents. Despite the downward trend in this area in 2015-2020 and the lower intensity of this practice, in 2021 a significant increase in the number of such cases was recorded. The above allows us to conclude that the aetiology of illegal border crossing with the use of forged documents should be sought in the situation that occurred in Belarus in connection with the civil war in Syria, as well as in the Russian-Ukrainian conflict, which was escalating at the end of 2021.

PRZEMIANY SYSTEMU ZARZĄDZANIA KRYZYSOWEGO W POLSCE W OBLICZU WOJNY NA UKRAINIE W ŚWIETLE UREGULOWAŃ PRAWNYCH

Author(s): Grzegorz Wilk-Jakubowski,Radosław Harabin / Language(s): Polish Issue: 01/2024

The purpose of the article is to analyze the transformations of the crisis management system, which were introduced in the wake of the refugee crisis as a consequence of the outbreak of the Russian-Ukrainian war in 2022. Legal acts modifying the abovementioned system will be analyzed. The new legal solution of orders issued by the Prime Minister, ministers, as well as governors will be presented. Then examples of their use to ensure efficient implementation of crisis management tasks will be presented. The article takes into account the legal status as of February 25, 2023.

Afterword

Author(s): Anke Hilbrenner / Language(s): English Issue: 1/2024

Transformation of the public administration in Ukraine under martial law

Author(s): Mykola Lakhyzha,Svitlana Yehorycheva / Language(s): English Issue: 1/2024

The article summarizes the problems of the transformation of the public administration system in Ukraine under martial law based on the analysis of legal acts, the results of sociological research, materials from the websites of authorities, and scientific publications. The authors emphasize the need to combine ensuring the adequacy of public administration under martial law and preserving democracy in order to maximize the rights and freedoms of citizens and their active participation in countering the enemy. The tasks, directions, as well as regulatory, organizational, and information support for the transformation of public administration are disclosed.

Stanislav Aseyev. In Isolation: Dispatches from Occupied Donbas

Author(s): Nataliya Shpylova-Saeed / Language(s): English Issue: 1/2023

Review of: Stanislav Aseyev. In Isolation: Dispatches from Occupied Donbas. Translated and with notes by Lidia Wolanskyj, timeline of events and commentary in the editorial notes by Oleh Kotsyuba and edited by Michelle R. Viise, Ukrainian Research Institute, Harvard U, 2022. Distributed by Harvard UP. Harvard Library of Ukrainian Literature 1. xxii, 296 pp. Maps. Illustrations. Notes. Illustration Credits. $39.95, cloth.

EU Sanctions Against Third Countries Legal Basis for EU Sanctions against Russia and its Citizens

Author(s): Verica Trstenjak / Language(s): English Issue: 2/2023

The EU Treaties provide several possibilities to sanction EU Member States for failing to comply with EU law. The EU has a legal basis for so-called EU sanctions in Article 215 of the Treaty on the Functioning of the EU, aimed at third countries (i.e. countries outside the EU) and their legal entities (e.g., in Belarus, Russia). Over recent years, sanctions against third countries have become increasingly frequent. This article delves into the legal framework for adopting EU sanctions, the potential legal protection available to sanctioned individuals, and the relevant case law of the Court of Justice of the EU. In this context, the question of whether Abramovich or some other Russian citizens on the sanctions list can access funds from EU bank accounts or enter the EU will be addressed.

Constitutional Implications of EU Sanctions against the EU Citizens

Author(s): Peter Matuška / Language(s): English Issue: 2/2023

Since Russia started its full-scale invasion against Ukraine, the EU imposed an unprecedented volume of sanctions against Russia and its individuals. To this date, Russia is the most sanctioned country in the world and over 1500 individuals have been put on the EU sanctions list. The system of adoption of EU sanctions is strictly regulated by the EU law, however, the implementation is a matter of national law of Member states which may create tensions in application of the EU sanctions. The article introduces how the EU sanctions are adopted and the role of EU courts in the process of judicial review. It also provides the relevant case law produced by the Slovak constitutional court in relationship to EU law. The last part analyzes the possible conflicts between the EU law and the constitutional law of Slovakia in the implementation stage of EU sanctions.

Bratislavský seminář k dějinám ruské literatury v nové situaci

Author(s): Ivo Pospíšil / Language(s): Czech Issue: 1/2024

This paper brings a shor overview of the event "Bratislavský seminář k dějinám ruské literatury v nové situaci" organized by the Department of Russian and East European Studies at Comenius University in Bratislava. The seminar, titled "How to Write the History of Contemporary Russian Literature after February 24, 2022?", was held in a hybrid format and brought together Russian literature scholars from various countries. The discussions focused on the impact of the war in Ukraine on the methodology of literary studies, shifts in the perception of Russian literary history, and teaching methods. The seminar addressed questions about the influence of current events on literary history, the need for decolonizing Russian literary history, and the challenges of depoliticizing the study of Russian literature. The event highlighted the complexity of interpreting Russian literature in the current context and emphasized the need for ongoing discussions and reflections.

CHARAKTERYSTYKA PROCESU KSZTAŁCENIA W UKRAIŃSKICH SZKOŁACH W WARUNKACH ROSYJSKIEJ AGRESJI WOJSKOWEJ

Author(s): Iryna Gavrysh,Heorgii Danylenko,Oleg Ieresko,Olena Shcherbakova / Language(s): Polish Issue: 4/2023

The full-scale aggression of the russian federation on Ukraine, which started on 24 Febru-ary 2022, affected the entire Ukrainian society, all sectors of the economy. Of course, education was also exposed to the aggressor’s actions. After a short break, which was an-nounced to ensure education process participants’ safety, it was resumed. The process ran in various forms depending on what was safe in a particular region of Ukraine. Three forms of learning were used: standard (in-person), distance and hybrid. The key role in restoring the education process was played by the Ministry of Education and Science of Ukraine and local educational authorities. The paper describes mechanisms used to organise the educa-tion process in war conditions. The article also underlines operational characteristics of experimental schools, in particular those operating within the research-educational project The Intellect of Ukraine.

The Use of Cyber Tools by the Russian Military: Lessons from the War against Ukraine and a Warning for NATO?

Author(s): Marina Miron,Rod Thornton / Language(s): English Issue: 1/2024

This article examines the Russian military’s Information Warfare (IW) activities. The particular focus here is on the use by this military of operations in cyberspace as a strategic force-multiplier. It seeks to shed light on why such operations are so important to this military and what goals it hopes to achieve through their use. In particular, this article highlights the role played by what Russian analysts refer to as cyber-psychological and cyber-technical opera- tions. Having established the background to the Russian military’s IW thinking, this article then goes on to examine the application of its cyberspace operations against Ukraine: both before the 2022 invasion and as part of it. It is from this examination of the cyber- attacks conducted against Ukraine that a better understanding of the potential of Russian IW can be generated. As such, lessons can be drawn from this conflict as to how, in the future, the Russian military might employ IW specifically against NATO states as part of a major kinetic confrontation. But, as this article notes, drawing lessons as to the actual strength of Russian IW capabilities from the Ukraine conflict may be a flawed process. It may be the case that the Russian military might not have shown its true cyber hand in Ukraine. It may be saving its best cyber tools for any future conflict with NATO itself.

Черно море в условията на война в Украйна

Author(s): Ramis Myumyun / Language(s): Bulgarian Issue: 1/2024

This report examines the war between Russia and Ukraine and its impact in the Black Sea region. A region that is of key geopolitical importance to both Russia and NATO. The report goes through several main highlights for analysis. The first of them examines the historical origin of the conflict between Russia and Ukraine and its development in different periods. The following emphasis is placed on the role of the Crimean peninsula and the Black Sea through the prism of the Russian Federation, Ukraine, NATO and the other countries of the Black Sea region. Last but not least, the present analysis examines the military balance of power in the Black Sea region and how it is affected by the war.

Public Procurement in Ukraine: Corruption Risks Under Martial Law

Author(s): Mykola Gnatiuk,Oleksandr Veherzhynskyi / Language(s): English Issue: 14/2024

This article examines the corruption risks inherent in the public procurement system in Ukraine, particularly under the conditions of martial law. The study delves into the dual nature of these risks: those stemming from legislative imperfections and those arising from the actions of market participants. Despite significant reforms since 2014 aimed at aligning Ukraine’s public procurement system with European standards, the onset of martial law in February 2022 has introduced challenges that compromise transparency and openness. The article identifies specific legal and administrative gaps, such as the complexities of VAT regulations and the discriminatory practices related to the localization of goods, which have been exacerbated by the current wartime context.

Analysis of Japan’s Central Asia Policy in the Context of the Russia-Ukraine War from the Perspective of Functionalism

Author(s): Jinxian Zhao / Language(s): English Issue: 14/2024

Due to the interplay of various factors, such as the war between Russia and Ukraine and the changes in Afghanistan, the strategic importance of the five Central Asian countries has significantly increased. Following the Russia-Ukraine war, Japan’s Central Asia policy has focused on fostering spill-over effects and promoting political processes through functional cooperation in low-level political areas. To enhance communication, build trust, and seek political and economic interests, Central Asia’s foreign policy has been adjusted in several ways: improving and enriching the Official Development Assistance (ODA) mechanism for the region, and expanding cooperation from a single focus to a diversified range of fields.

ДЕКОЛОНІЗАЦІЯ СУСПІЛЬСТВА: УКРАЇНСЬКИЙ ПОВОРОТ

Author(s): Polina Evaldivna Gerchanivska / Language(s): Ukrainian Issue: 1/2024

The purpose of the study is to understand the process of decolonisation in independent Ukraine as a socio-cultural phenomenon in the context of strategic problems of modern state policy. The research methodology is based on the fundamental principles of historical and cultural analysis. The methodological core of the study is a comparative analysis of the process of decolonisation at different stages of its development. The scientific novelty consists in the conceptualisation of the process of decolonisation in Ukraine. The immanent essence of the phenomenon of decolonisation and the algorithm of its development are revealed, and the periodisation of this process is introduced into scientific circulation. Conclusions. The phenomenon of decolonisation in the chronotype is analysed. Firstly, it was found that the absence of an effective strategy for decolonisation policy at the first stage of the process significantly hindered the consolidation of Ukrainian society and the formation of Ukrainian identity. Secondly, as a result of the unclear tactics of decolonisation, certain difficulties (organisational and economic) arose in the practical implementation of decommunisation laws. Thirdly, because of the hostilities in Ukraine, public attention is focused on the strategy and tactics for the protection of national monuments, World Heritage sites, and their territories in the event of a threat of destruction or damage.

Managing the efficiency and competitiveness of hotel, restaurant and tourism enterprises in Ukraine during the war

Author(s): Mykola Ihnatenko,Iryna Romaniuk,Liudmyla Levaieva,Vladyslav Yatsenko / Language(s): English Issue: 59/2023

In each case, the tactics and strategy of management are complemented by other tools and mechanisms, depending on the conditions of accommodation, specialisation, and life cycle of a particular enterprise. However, the war has also led to the emergence of new circumstances for the functioning of hotel, restaurant and tourism enterprises. The purpose of the article is to substantiate and develop new and improve the existing directions, mechanisms and tools for managing the efficiency and competitiveness of hotel, restaurant and tourism enterprises in the context of war, taking into account military challenges and threats, possible reserves for relocation and spatial displacement of the tourism services market. In the process of writing the article, the following methods were used: historical and systemic approach; systemic and structural analysis and synthesis; statistical and economic, economic and mathematical, and ranking. As a result, new factors have been identified and the set of existing factors influencing the competitiveness of hotel, restaurant and tourism enterprises has been supplemented. It is found that these factors are both common and different. Thus, the growth of competitive advantages, efficiency and competitiveness is facilitated to a greater extent by: integration processes; quality of products and services; qualification of staff and management; use of digitalisation and marketing measures in the organisation and management of activities. Therefore, focusing on their support constitutes the strategic objectives and directions of efficiency and competitiveness management. At the same time, it is necessary to take into account the differences relating to the factors of location of hotels and restaurants (restaurants are preferable in very busy places, hotels – in quiet and peaceful places); hotel, restaurant and tourism enterprises – inclusive or exclusive services, authentic offers; seasonal demand, specially allocated time for rest, etc. The article emphasises that the continuation of Russia’s missile and bomb attacks on peaceful cities of Ukraine requires a corresponding intensification of security measures for the hotel, restaurant and tourism business. The results of the study can be used in managing the efficiency and competitiveness of hotel, restaurant and tourism enterprises, local governments, in the educational process of universities and colleges.

Budgetary security of Ukraine in the context of a large-scale war

Author(s): Oksana Cheberyako,Dariia Herus / Language(s): English Issue: 59/2023

The large-scale war taking place on the territory of Ukraine as of 2023 has a significant impact on budgetary processes and the financial system. In the face of new challenges, the budget system is becoming a key tool for ensuring financial stability and fulfilling the strategic objectives of the state. Military expenditures, reconstruction of the affected territories, social support for citizens and other unforeseen expenditures require effective management of the state and local budgets and improvement of the financial security mechanism. The purpose of this article is to define the theoretical and practical foundations of Ukraine’s budget security, to develop proposals for a strategy and measures to ensure the sustainability of the budget system in times of war. In studying the issues of formation and functioning of Ukraine’s budget security, the author used a combination of empirical, comprehensive, systemic and analytical methods and approaches that helped to achieve this goal. The study analysed statistical data reflecting the state of budget security, including indicators reflecting the specifics of the state budget system management. Nevertheless, the events that took place in the period from 2014 to 2022 led to political and economic instability in the country, which resulted in an imbalance in the functioning of Ukraine’s budget security. Given the difficulties associated with ensuring budgetary security in a time of war, the author offers recommendations for achieving future stability of the state’s financial system, which involves adherence to the national strategy and development of new financial security mechanisms. At the same time, a sustainable budget policy promotes efficient resource management and stimulates economic development. Investments in key industries, support for enterprises and innovations help to strengthen the country’s economy. The scientific results obtained in the course of this study solve the urgent problem of developing and substantiating theoretical and methodological approaches to the functioning of budget security, and can also be used to determine ways to improve it and apply it by the country’s state authorities.

Pricing in the medical sector: Theoretical foundations and practical aspects

Author(s): Serhiy Inozemtsev / Language(s): English Issue: 60/2024

Pricing is one of the components of ensuring competitive conditions in the market: it has its own specificity in the healthcare market, which is characterized by various forms of operation of enterprises, access to goods and services. The purpose of the study was to investigate the methods and approaches to this process in Ukraine, taking into account the peculiarities of the country’s development related to the full-scale invasion of the Russian Federation. The methods used in the study were formal and legal (to form logical links between individual regulatory documents) and comparison (to assess the specifics of pricing in the medical sector in different countries). The study assessed the pricing process as such and described the factors that influence it in practice in general and in the medical sector. It was also concluded that understanding the role of this process for both the state and potential clients is important, as it affects economic stability, quality of medical services, social justice. Particular attention was paid to such approaches as “cost+markup” and “marketbased”. Based on the models built in this paper, it was concluded that these approaches should be used in symbiosis (to focus on both market conditions and the company’s goals for forming a margin). Attention was also paid to the Value-Based Pricing approach: it was concluded that it is inherently different from the other two approaches, as it requires much more complex estimates, since it is based on the expected utility of the created product. The study also highlighted the problem of non-transparent pricing as one of the main ones that prevents the formation of effective market conditions. The results obtained in the study can be used both to formulate public policy and to create strategies for individual companies in the Ukrainian market of medical goods and services.