5 research outputs found

    Standardisation of the Concept of Procedural Costs in the Criminal Procedure of Ukraine

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    The article reveals topical issues related to the legal regulation of procedural costs in the criminal procedure of Ukraine. It is emphasized that the legislative standardisation of this concept is important because, on the one hand, it is an integral economic component of the State, and on the other, the embodiment of the practical implementation of the principle of procedural economy. The author argues that, in contrast to the previous term, “court costs,” the term “procedural costs” in relation to this concept is more accurate, since such costs are connected not only with court proceedings but also with pre-trial investigation. The lawmaker's involvement of costs associated with providing legal aid in procedural costs is recognized as positive. The study of procedural costs under the legislation of individual foreign countries is considered, accordingly, the CPC of Ukraine should be amended. Based on the results of the study, it was concluded that it is necessary to expand the list of procedural costs that today need reimbursement. In particular, the existing list of procedural costs should be added, as follows: 1) costs related to reimbursement of material losses incurred as a result of investigative (search) actions by victim witnesses and other participants involved in criminal proceedings; 2) costs related to applying security measures to participants in criminal proceedings and other persons who contribute to the prevention and disclosure of a criminal offense, as well as their close relatives; 3) costs, related to payment of lump sum cash assistance in the event of the decease (death) of a person or in the event of personal injury or other harm to his health in connection with participation in criminal proceedings. The aim of the article is to determine the modern model of the concept of procedural costs, to highlight its positive aspects and to form certain ways of its improvement on the basis of foreign experience study. To achieve this goal, the authors use historical, system-structural and comparative-legal methods, which enable to formulate scientific proposals and conclusions

    “And Your Father Who Sees in Secret Will Reward You” (Mt. 6:4). Civil Religion as a Temptation for Public Openness of the Church

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    The author offers connection between traditional theology of the Church and public theology like a relationship between the Old and the New Testaments. That means that activation of the public role of religion should not negate its private role, that is, prayer as a person’s intimate communication with God. Otherwise, it can turn religion into an ideology or into a so-called “civil religion”. The author quotes Cyril Hovorun, who criticizes “imperial ideology” and exposes “politicized and aggressive church structures.” The author also mentions the ideas of Wolfgang Huber, who emphasizes the importance of the “public order of the Church,” but at the same time speaks on the danger of a “malleable adaptation of the Church” to the needs of “this world.”Another prophetic voice on the place of the Church in the society is Metropolitan John Zizioulas, who highlights a number of trends in the identity of the Church. Considering the importance of ideological, missionary, moralistic and therapeutic functions, he emphasizes that “the Church is identified in the sacraments.” The reflections of the three mentioned thinkers on the Russian, German and Greek contexts are complemented by an analysis of recent sociological data on Ukrainians’ perception of the place of religion in the public sphere. In particular, figures on support for denominational bias, “national orientation”, criteria of “trust to the Church” and the idea of a “state church” are outlined. They confirm the rejection of the position of state power by the majority of Ukrainian citizens in the time of President Poroshenko (2014-2019), who instrumentalized the sphere of religion to confront the neighboring state and actively involved religious factors into his election campaign.

    Kyiv city: features of planning structure and spatial development problems of cultural landscapes

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    Stattja visvіtljuє prirodnі ta kulturno-іstorichnі osoblivostі planuvalnoї strukturi m. Kiєva ta suchasnijj stan problemi zberezhennja kulturnikh landshaftіv mіsta. U zv’jazku іz strіmkim zrostannjam naselennja ta bagatorіchnoju visotnoju zabudovoju zrosla zagroza vtrati іstorichnogo obrazu Kiєva, jjogo landshaftno-arkhіtekturnikh pam’jatok, v tomu chislі, vіdnesenikh do svіtovoї spadshhini JUNESKO – Sofії Kiїvskoї ta Kiєvo-Pecherskoї Lavri. Planuvalna struktura mіsta povinna rozvivatisja na zasadakh uspadkuvannja ta zberezhennja kulturnogo prostoru, v jakomu tisjacholіttjami spіvіsnujut suchasnіst ta unіkalna prirodna і kulturno-іstorichna spadshhina. Prostorovijj rozvitok mіsta vimagaє naukovo obґruntovanogo landshaftoznavchogo suprovodu na vsіkh etapakh mіstobuduvannja – vіd rozrobki strategії rozvitku do proektuvannja detalnikh planіv prostorovogo rozvitku kozhnogo elementa kulturnogo landshaftu mіsta.This article highlights the natural and cultural-historical features of the planning structure of Kyiv and the current state of the problem of preservation of the city’s cultural landscapes. Due to rapid population growth and years of high-rise construction the threat of Kyiv losing its historic image, its landscaping and its architectural monuments, including those attributed to the UNESCO World Heritage, such as St. Sophia’s Cathedral and Kyiv-Pechersk Lavra, has increased. The city’s planning structure should be developed based on the inheritance and preservation of the cultural space in which modernity and unique natural and cultural-historical heritage have coexisted for a thousand years. Spatial development of the planning structure and cultural landscapes of the city requires a scientifically grounded landscape approach to their planning at all stages of urban development from setting out a Development Strategy, to designing Detailed Plans for the spatial development of each element of the cultural landscape of the city
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