The Journal of International Legal Communication

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EISSN : 2720-1643
Published by: University of Warsaw (10.32612)
Total articles ≅ 36
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, , Tetiana Panchenko
The Journal of International Legal Communication, Volume 2; https://doi.org/10.32612/uw.27201643.2021.2.pp.75-96

Abstract:
The urgency of the studied problem is because in conditions of significant socio-economic changes, the system of human resource management technologies becomes significant, especially relevant is the use of the potential of leadership influence. In this regard, this article is aimed at revealing the problem of developing leadership qualities of heads of preschool education institutions. The article highlights current issues of leadership development of future heads of preschool education. The leading method of the research of this problem is the analysis of the researched problem in pedagogical theory and practice and experimental check of pedagogical conditions of formation of leadership qualities of future heads of preschool educational institutions that allows to reveal and characterize features of formation of leading qualities of future heads of preschool educational institutions. The article identifies the components, criteria, indicators and describes the levels of leadership development of future leaders of preschool education. The basic concepts of the problem are defined: leader, leadership, professional qualities of the leader, leadership qualities of future heads of preschool educational institutions, pedagogical conditions of formation of leadership qualities of future heads of preschool educational institutions. Relevant requirements to the personal and professional qualities of a leader are revealed. The structural components of leadership qualities of future heads of preschool education institutions are characterized, namely: motivational-value, integrative-activity, directional-activity, emotional-reflexive. The pedagogical conditions of the formation of leadership qualities of future heads of preschool education institutions are substantiated. The offered materials of the article represent practical value for heads of preschool education institutions, educators-methodologists, and future teachers of preschool education.
The Journal of International Legal Communication, Volume 2; https://doi.org/10.32612/uw.27201643.2021.2.pp.51-62

Abstract:
This article aspires to shed more light on the understanding of the notions of the constitutional identity, the material core of a constitution and unamendable elements of a constitution (eternity clauses) and on the concept of essential elements of a democratic state governed by the rule of law as reflected in the practice of the Czech Constitutional Court. The Czech debate is not centred on the use of constitutional identity as a shield protecting local specifics. Quite the opposite. With a certain degree of generalization, we can conclude that the Czech notion of constitutional identity is, at least in the view of the Czech Constitutional Court, deeply grounded in such general concepts as democracy and the rule of law and connected with the material core of a constitution and unamendable elements of a constitution. However, this „legal“ concept of constitutional identity may easily conflict with a „popular“ constitutional identity based primarily on traditional narratives about the formative events of Czech history as perceived by the Czech people and their elected representatives.
The Journal of International Legal Communication, Volume 2; https://doi.org/10.32612/uw.27201643.2021.2.pp.19-28

Abstract:
The inspiration for the subsequent consideration is a strong conviction, that courts mean much more in the modern society, than just an arbiter in the disputes. They are role models in so many ways: they make legally desired standards of behavior, they give the proper meaning to the legal institutions by communicating their correct functioning, they verify in the practice the complexity and clarity of legal provisions and by its judges they can create the modern authorities to follow. There is a strong link between the role, that the domestic courts play (or should play) in the law-abiding state, and the impact they put into the society and its values, shaping the views for the young generation, through their consistent attitude in jurisprudence. Authors analyze the chosen judgments of the domestic family courts, looking for the correct legal vision of the parental authority in Polish law in the first place and for the optimal standard of exercising it by parents in practice, i.a. after the divorce. The analysis is supposed to be the part of more general consideration according to the judicial view of the family as the basic unit of society and its functioning after any kind of breakup. Authors further examine, to what extend such model of regulation in the matter fulfils the general requirements of international and European law. Those considerations have two main goals: to investigate the contribution of Polish family courts into making international standard of parental authority, and to indicate what kind of support those courts can offer to the international society in this field.
The Journal of International Legal Communication, Volume 2; https://doi.org/10.32612/uw.27201643.2021.2.pp.110-117

Abstract:
The paper encompasses such fields as language, communication, text, law in terms of legal communication. According to language, I try to define the language itself as well as the linguistic focusing mainly on accomplishments of De Saussure. Secondly, it was introduced the subject of communication and its history while taking into consideration the purpose of the paper: legal communication. Legal communication is based on juridical language and legal language. I discussed them and emphasised distinctions between them. This part of the paper, which I can describe as an introduction part, ends with an indication of the research on the field of legal communication. The second part deals in general with communication and problems concerning this matter. I paid attention to the problem of communicativeness, because this matter is not as easy to be provided in legal communication as it seems to be. I moved on to the text as a part of legal communication, its main assumptions which by scholars are perceived as unable to be fulfilled and levels of interpretation this kind of text. This topic is followed by the issue of terminology which is the key to understand the text relating to law. Then I come back to the language, however, this time I point out the command of Polish language, its culture and the language of law stressing aspects regarding correctness. I decided also to include the subject of legal translation which apart from the issues mentioned above needs the specialised knowledge. The final part presents the main thoughts and my conclusions noticing the mutual influence between presented areas as well as the general need of expanding knowledge specifically in relation to language and law.
The Journal of International Legal Communication, Volume 2; https://doi.org/10.32612/uw.27201643.2021.2.pp.29-40

Abstract:
Public control is an important mechanism for influencing upon public authorities. Its effectiveness ensures social participation within public administration indeed. The effectiveness of public control depends on the quality of its legal regulation and, in particular, upon perfection of mechanisms for public control. Numerous shortcomings of the existing mechanisms for exercising public control are primarily considered due to the legal uncertainty of the guarantees on public control. After all, the guarantees on public control ensure proper functioning of the institution of public control and the effective implementation of the legal status of individuals in the field of public control and the entire social sphere in general. Without their comprehensive analysis, including clarification of its legal nature and essence, it is impossible to build, describe in detail and consolidate legislatively the system of guarantees on public control. Within the frame of the study it has been found that the legal nature of the guarantees on public control and the specifications of their essence largely depend upon the kind of content that is embedded into the concept of the law. The author also believes that the most accurate way to reveal the nature of legal guarantees seems possible with the help of instrumental theory of law, namely being the key concept of “legal means”. In this article the emphasis is stressed onto one of the main reasons for the existence of controversial points and differences in the understanding of legal guarantees, including public control, where there is the ambiguity for the basic category, i. e. “guarantee”. The article also formulates definitions of legal guarantees in the most general sense, as well as from the standpoint of instrumental theory of law. As a result, the author’s understanding of legal guarantees on public control has been introduced.
The Journal of International Legal Communication, Volume 2; https://doi.org/10.32612/uw.27201643.2021.2.pp.97-108

Abstract:
Even though metaphors might seem inappropriate to legal logical reasoning, they are quite a part of it. Although metaphor is non-literal and non-linear, nevertheless it is the essence of the modality of human thought. The way we think about law depends largely on metaphorical constructions. This means that we understand both the legal system as such and many formative ideas that operate in this system in metaphorical terms. The starting point for considerations is the cognitive theory of metaphor and its assumption of a constitutive nature of metaphor within our analytical framework. The aim of the article is to present the practical implementation of the theory in the field of legal communication. The author focuses on metaphorical construction of legal concepts, visualization of legal information and metaphorical legal reasoning.
The Journal of International Legal Communication, Volume 2; https://doi.org/10.32612/uw.27201643.2021.2.pp.41-50

Abstract:
There is no purely ethnic state in Europe, so the constitutional regulation of the tatus of minorities is a necessity. The Constitution of Romania, within the general principles of the constitutional system, regulates the right to preserve, develop and express the ethnic, cultural, linguistic and religious identity of national minorities. These regulations set out the framework within which other constitutional provisions relating to the status of such persons and the general limits imposed to the legislator in defining it, should be laid down.
, Volodymyr Kulishov, Tetiana Shchypska
The Journal of International Legal Communication, Volume 2; https://doi.org/10.32612/uw.27201643.2021.2.pp.63-74

Abstract:
The modern model of socio-economic development of Ukraine must meet an effective system of vocational and professional higher education, which can quickly adapt to market demands and provide training for skilled workers who are able to be competitive in the existing socio-economic space.. In recent years, a change in the educational paradigm is taking place in the state: from information-cognitive, inherent in industrial society, to personal-activity, based on a competency-based approach to the educational process, characteristic of the post-industrial, information society. Educational practice objectively needs to make a particular student the main figure in the educational process, thus focusing the activities of teachers of vocational education on the personification of the process of professional training. Significant changes in society, social life, the productive sector of the economy and the sphere of state services necessitate the training of a pedagogical worker with a fundamentally new type of thinking. An employee who is ready to carry out innovative pedagogical and scientific-methodical activities, professionally competent, who is able to perform constructive actions in various situations of a professional nature and carry out educational and methodological activities at a high scientific level in accordance with modern educational requirements. The article presents the main approaches to the development of professional competence of a teacher of the system of vocational and professional higher education. One of the leading components of professional development of a teacher is his ability to modern educational and methodological activities, which involves designing classes based on a competency approach, the use of innovative educational technologies, the introduction of integrated learning in the system of vocational education.
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