Archive

Abstract: The author analyses the virtual discourse in the pluperfect. “We could have” is the recognition of irreversibility of time and simultaneously is the intent to see the past and its lost possibilities from the height of the present. The present never becomes what it was in the past, but the pluperfect never retracts from its claims to give lessons to the present about what could have happened, if the event would have been succeed in a different way. The author points out that if there were no difference between what we do and what we could do a lot of our emotions would disappear, such as shame, fault, remorse and grief. In the study of history it is also important to pay attention not only to what has been succeeded, but also to what could have been succeeded in the given period. This vision gives historian the possibility to analyze the past as the interaction of different social groups and struggle between them, which according to plans and projects in their
past (which was the present for them), try to embody in the future what they considered to be more convenient, optimal and just.
Keywords: Pluperfect, virtual discourse, destiny, possibility, fault, history.

Abstract: The idea of pre-reflective consciousness arises in response to difficulties that occur in the process of searching for the foundation of the unity of our conscious experience. The basis of the experience could not be found in the experience itself and lies beyond the world of objects. Could we distinguish a single classical way of transcendence? If so, what is that way and what are its fundamental difficulties? Could the idea of prereflective consciousness be consid-ered as the basis of another method of transcendence? The author argues that the classical method of transcendence of the experience bases on temporality and substantiality – the structures that are found by the way of reflection. Being necessary for any experience, these characteristics are pro-jected to a source of experience and understood as characteristics of subjectivity. Sartre indicates that selfconsciousness is enclosed in the awareness of transcendent object. It is so-called prereflective self-consciousness. However, Sartre’s ‘pre-reflective’ self-consciousness is reflective self-consciousness. Indeed, the conscious as such is neither any object nor a collection of objects. The consciousness itself is Nothing – that is Sartre’s modification of substance. Time is the condi-tion of possibility of the consciousness. Reflexive transcendence always turns out to be unjusti-fied, since it is based only on positing of the immediate characteristics of subjectivity. What is another way of transcendence? The consciousness should be presented not as a kind of an imme-diate givenness, but rather as the result of self-knowledge. A certain “givenness” of subjectivity is the condition of possibility of the consciousness; however, this “givenness” could not be con-scious, i.e. available for reflection. We can only talk about the pre-reflective pre-conscious “givenness” of self, but this “givenness” is not something initially and directly accessible, but a result of pre-conscious cognition. Therefore, the object of self-knowledge could not be initially identical to the subject of self-knowledge.
Keywords: phenomenology, transcendent, subjectivity, temporality, substantiality, prereflective self-consciousness, core self-consciousness.

Abstract: The article considers the problem of adequate conceptual representation of social evil. Traditionally, social evil is theoretically represented by categories of objectivity and subjectivity. But, the results of both total objection and total subjection are the same because they make the causes of social evil transcendental, which means getting out of thinking subject. From the author’s point of view, such representation is a myth that could assent and legitimate a system of actions leading to multiplying the social evil. An adequate solution of this problem could be found with the help of Schelling’s method of subject-object identity added by Heidegger’s hermeneutical ontology. It allows representing social evil in structures of objectivity and subjectivity, at the same time avoiding its naturalization and mythologization.
Keywords: social evil, myth, subjectivity, objectivity, action, thinking, subject-object identity.

Abstract: Different social discourses structure sociality. The meanings, which defines the discourse, gives special connotations that are rooted in the social. The article discusses the process of functioning of sports space and sports discourse. Its basic structuring elements such as competition, athlete, referee, spectator result are founded. These concepts are discussed in historical perspective that reveals the meaning of competition through the transition from war to sports. In addition, the position of the referee from Absolute subject in hostilities to the presence in the ring as the presenter of social meanings is defined. These structuring elements of the space are points of contact of sports with the social. During a match, allocation (transition of meaning from one person to another) of the social as social meaning occurs. In the same time, sports discourse begins to construct itself in accordance with the self-defined social values. Sports discourse reflects the dynamic and cyclical changes of social meanings that are presented in the dominance of certain values. Competitiveness, which is the basis of sports discourse, structures social space where
changing social meanings are objectified. Being present in specially organized space of competition, athlete gets socially approved opportunity to compete for the redistribution of symbolic capital. In the state of lack or absence of the language, social meanings are redistributed. As a result, sports event and purely sports meanings are reduced at the finish line. The final positions of the athlete’ bodies are interpreted in different social discourses. Discourse of sports presents dynamic and cyclical changes of social meanings expressed in the domination of certain values. Competitiveness, which is the basis of sports discourse, structures social space, in which changing social meanings are objectified.

Keywords: sports, competitiveness, social meaning, presence.

Abstract: Despite the fact that Western society often questions the need for the presence of religion as a political actor in the public sphere, many elements allow us to assume that this presence is beneficial both socially and politically. Such religions as Christianity created the foundation of a democratic society, in which human rights are respected. It is not just that belonging to religion helps a person to gain a special meaning of life. It also forces to respect certain basic values that play a relevant role in the political sphere: the dignity, equality and freedom. Religion adds the moral ectivity to these concepts, contributing to the moral improvement of the citizen.
Keywords: Western society, public sphere, religion, Christianity, dignity, rights, equality, freedom, citizen

Abstract: The article deals with general problems of the development as philosophical category linked to some applied issues of public administration. The development is analyzed as a specific mode of change with its own particular properties, including particular conditions needed for managing this kind of change, as well as its limits. The authors show where and why public administration faces problems concerning development of the administrated areas, arguing that such problems can be resolved only through elaborating special methods of administration appropriated for managing the development. The article criticizes largely accepted definition of the development as a goal-oriented positive change, arguing that particularities of the process such as irreversibility of the change, the new quality as a result of the development process, the systemic organization of the change, and the major role of the self-organization are more important than the change itself. Analyzing current research on the development as social and economical process, the authors give some theoretical and empirical evidence of the absent distinction between the development and the change in modern literature. Therefore, many isolated examples of more sophisticated attitudes are found in the theoretical research, as well as in the practice of public administration. In addition, research agenda is proposed in order to build interdisciplinary research program concerning development mechanisms, to integrate this special dimension in the planning and strategy building at the national, regional and local level.
Keywords: development; development management; public administration; regional development; change management.

Abstract: The article discusses social capital theory in the context of conservative political thought. It is shown that the authors of social capital theory consider social ties as a source of economic well-being. They criticize the cult of individualism believing that the process of individualization entails a deficit of social capital. The author indicates the contradictoriness of this approach. Social ties should not be called ‘capital’ for ethical reasons. Metaphor of capital can be harmful as it distorts our perception of the real motives of associative behavior. Among such motives may be love, a sense of reciprocity and thankfulness, etc. Conceptual component of social capital theory is unclear too, as well as the relationship between social capital and capitalism. Experience shows that
real capital contributes to the destruction of what is usually meant by social capital. This situation forces the author to reconsider the role, which social capital theory plays today in political discussions. The author proposes an alternative term – “social of capitalism”. This term denotes those social phenomena, the essence of which is external to the essence of capitalism. In this connection, the author proposes an approach, according to which capitalism does not exist without something, to which it opposes. Some social phenomena oppose selfishness, therefore, they could inhibit a lot of negative aspects of capitalism. On the other hand, capitalism with its emphasis on individual liberty eliminates the evil, potentially stemming from fanaticism and fundamentalism of social associations. According to the author, this approach makes possible to raise the same issues, which are raised by social capital theory, while avoiding conceptual contradictions and distortion of meanings.
Keywords: capitalism, conservatism, social capital.

Abstract: The article considers problems of the theory of modern municipal law functions. The basic essential and meaningful, objective and subjective, internal and external aspects of modern municipal law are analysed. It is noted that among the basic tasks currently faces domestic science of the municipal law is the formation of coherent and comprehensive knowledge of the system of municipal law in Ukraine, its legal aspects and patterns of development and operation of its norms and institutions. Holistic conception of the municipal law of Ukraine in the unity of its static and functional, material and procedural elements is the important theoretical and methodological basis for the development and improvement of the system of national municipalism, current municipal legislation and municipal law making and law enforcement activities. However, if the theory of problematic issues of municipal law, as well as its genesis, sources, norms and institutions are reflected in the works of Ukrainian researchers, the problem of functions of this area of law remains almost unexplored. Understanding the nature and content of the functions of municipal law makes possible understanding the importance of this area of law in regulating social relations, as well as answering questions about the role of municipal law in society and the state. Characteristic signs of functions of municipal law are analysed. Definition of the concept of modern municipal law functions as main directions and types of the influence of municipal law over social relations that arise in the process of recognition, formation, organization and implementation of municipal authorities, as well as the realization and protection of rights of the individual municipalities, is given.
Keywords: municipal law; functions of municipal law; sources of municipal law; system of municipal law; institutes of municipal law; norms of municipal law.

Abstract: The article is devoted to the justification of the term technological adaptability as the characteristic of the criminal process. The term determines the most important criteria for the admissibility of the use of information technology in the investigation and resolution of criminal cases. The content of the category of criminal procedural information is revealed; the concept of information technology in criminal proceeding is used. The goals and objectives of the use of information technology in the criminal process are clarified. The detailed criteria of eligibility of such technologies in the criminal process, as well as requirements for the legal regulation of the use of information technology, are highlighted and analyzed. Based on the proof as the heart of criminal justice, the author proposes fixing the selected criteria in a separate article of the Criminal Procedure Act (chapter on “Evidence”). Legal regulation of the use of information technology in criminal
proceeding has to comply with legality, adequacy, relevance, practicality, promising, dynamics, ethics, safety, and optimal legal prescriptions. The shortcomings of the current criminal procedure law in matters of legal regulation of the use of information technologies are discussed. The consolidation of the principle of technological adaptability on the level of the law aimed on the use of new information technologies in the proof in criminal cases is proposed.
Keywords: criminal proceeding; information technology; technological adaptability; criminal procedural information; criteria of eligibility.

Abstract: The author investigates the nature of the institute of legal exemption from criminal liability, the expediency of its securing and usage. Attention is paid to the classification of the reasons for exemption from criminal liability, as well as to the separate classification of special reasons. The main subject of the article is special reasons for exemption from criminal liability in the field of malfeasance, which meets required conditions. Special reasons for exemption from criminal liability as provided for bribery (Article 291 of the Criminal Code) and for mediation in bribery (Article 291.1 of the Criminal Code) are analyzed. The problems of the enforcement of institution are considered. In order to improve efficiency, it is proposed to establish new special reason for excluding criminal responsibility for abuse of power and abuse of office.
Keywords: reasons for exemption from criminal liability; special reasons for exemption from criminal liability for malfeasance; conditions for exemption from criminal liability; active repentance; active assistance in investigating, prosecuting, and combating crime.